Judges in the past and lawyers in the present,lawyers never forget their original intentions

Prosecutors suggest a retrial by the court,and prosecution,defense,and trial work together to correct errors

On June 5,2001,at about 12:00 noon,a Jiangxi native,Mr.Cheng,stole 2800 yuan and clothing from the house of Liu Jun,a professional aquatic product aquaculture farmer,near the crab pond in Huangzhuang Village,Anfeng Town,Xinghua City,Jiangsu Province,and quickly fled the scene.Liu Jun found that the house had been stolen,and saw a person walking away about 100 meters from the house.It was estimated that it was his behavior,so he called another farmer in the neighborhood,Liu Hongzhao,to pursue him.At a distance of about 500 meters from the theft scene(house),Cheng,in order to resist arrest,hit Liu Jun on the head with a stone,causing slight injury to Liu Jun.In August 2001,the People's Court of Xinghua City recognized Cheng Moumou's behavior of"burglary was discovered and violent resistance to arrest was carried out outdoors"as burglary,and sentenced him to an 11-year penalty.Judge Bian Wenbin,who was a member of the collegial panel at that time,raised a different opinion on the qualitative and quantitative sentencing,believing that such a judgment was clearly a mistake in the application of law.Other members of the collegial panel also felt the same way.Due to the sense of mission and justice in the heart of a legal person,Bian Wenbin has been striving to avoid wrongly judging the defendant and causing harm for 17 years.Shortly after the judgment of the first instance,Bian Wenbin wrote an article expressing his opinion that"burglary was discovered,and violence was carried out outdoors to resist arrest,so it cannot be recognized as burglary."After being published on the China Court website on June 17,2003,it attracted the attention of the leaders of the Supreme Court,The Opinions on Several Issues Concerning the Application of Law to the Trial of Criminal Cases of Robbery and Robbery,issued on June 8,2005,adopted the opinions of Bian Wenbin and clearly stipulated that if a burglary is discovered while entering a house,if violence or violent coercion occurs outdoors,it cannot be considered as"burglary".

After retiring from the court,Bian Wenbin joined Beijing Gaopeng(Taizhou)Law Firm.Although the identity of former judges and current lawyers has changed,the original intention of lawyers remains unchanged.At this time,Cheng Qizheng has already served his sentence and been released.Lawyer Bian Wenbin learned that although Cheng Qizheng has been released from prison,he is suffering from schizophrenia and his psychological guilt is even more serious.The professional conscience of a legal person prompted him to save and redeem himself for his own soul,provide legal assistance to Cheng Qizheng,and appeal to the procuratorate.The procuratorial organ issued a retrial procuratorial recommendation to the court.After the court established a retrial,since Mr.Bian Wenbin was a member of the original collegial panel,he should withdraw according to law.The Gaopeng Institute where Bian Wenbin works has decided to continue providing legal assistance and has appointed Executive Director Zhou Meichun and Lawyer Wang Hongde as defenders for the retrial of the defendant,Cheng Moumou.Through the professional and refined defense of lawyers from Gaopeng's Criminal Justice Department,the defense opinions have been recognized by prosecutors and judges,and the prosecution,defense,and trial have worked together to correct errors,enabling the parties to ultimately obtain a fair trial.After a retrial,the Taizhou Intermediate People's Court revoked the first instance judgment of the Xinghua People's Court in June 2018,and the sentence was changed from 11 years to 5 years.

Mr.Jiang Ping,a leading scholar in the legal profession,summarizes the three levels of the realm of lawyers:

❖The first level is to have a high sense of responsibility and serve the parties wholeheartedly;

❖The second level is to have a social conscience and provide justice for vulnerable groups and those whose rights have been trampled upon;

❖The third level is to have a sense of historical mission and use their own practical actions to promote the development of China's legal society.

The entire team of lawyers from Gaopeng Criminal Justice Department and Gaopeng Law Firm is also moving towards this goal,making continuous efforts to safeguard the legitimate rights and interests of the parties,maintain the correct implementation of the law,and maintain social fairness and justice!

Case Link:https://mp.weixin.qq.com/s?__biz=MjM5MjA1OTIyNg==&mid=2658572692&idx=2&sn=7f31d8891ff6b166ed52bcc4a1865ba6&scene=21#wechat_redirect

(This article is translated by software translator for reference only.)