This judgment shocked me to silence. A reporter said in a related article, "Li Ning's family and defense lawyers think that the sentence is too heavy." In fact, we don't think the sentence is heavy, but we think it is wrong.
Less than an hour before the sentencing began, the presiding judge's answer to the reporter's question was published, and it took time to pronounce the sentence. After the verdict, I also clearly saw the busy figure of the presiding judge. 1 1: 30 read a long article by legal experts in support of the judgment. These articles should be published earlier. This kind of shock is no less than facing Li Ning's verdict. I always thought that the verdict of the case could only be known by people outside the collegial panel if the presiding judge threw a hammer in the solemn court. It is true that the news is timely, but it is too fast. Is it also against the truth, at least in time?
As for Mr. Gao Mingxuan's signed article on the people's court's website-"Li Ning case has important guiding significance for anti-corruption in science and technology, education and other fields", he is only 9 1 year old, that is, I am old, so it is not appropriate for me to say more.
I know that my article will be deleted soon, but even if only one person reads it, it is an account of Li Ning's insistence on innocence, all friends who really help Li Ning, all friends who care about Li Ning's case, Li Ning's family and team teachers and students, Li Ning's professional, brave, enthusiastic and all-out defense over the past five years, and the strong support of Beijing Wei Heng Law Firm. The following is a review of the trial, and I guarantee the authenticity of every word.
I. Temporary change of trial time
2019165438+1October 28th, Songyuan Intermediate People's Court informed me that the Li Ning case would be opened on February 5th, 65438. I am uneasy, worried and even a little happy. After all, after five years and seven months of waiting, I finally heard the news of the case. I have always believed that the facts of Li Ning's case should be clarified in the judicial process. Therefore, not only did I not inform the media about the trial, but I didn't even spread the news to Li Ning's WeChat group. However, some teachers, students and friends learned the news of the trial from various channels. They adjusted their jobs, even missed international conferences, booked air tickets and hotels, and prepared to arrive in Songyuan at that time. Even if I can't attend the trial, I want to get close to Li Ning as soon as possible and get some information during the trial. However, on February 2, 65438, the staff of Songyuan Intermediate People's Court informed the lawyer that the court session was cancelled on February 5, 65438, and when the court session was held would be notified separately. The reason is that Songyuan Intermediate People's Court is not ready for the first trial live broadcast. Everyone is puzzled. The live broadcast of pictures and texts in Weibo was confirmed before the trial. If you hold a court session in your own court, will you notify the court session rashly without knowing the guarantee of the court session? And it was four years and more than four months of trial preparation. People ask me the most, "Is this okay?" . 12 was notified on February 24th, and the court session was held on February 30th. I don't know if I will change it again, let alone bother you again. But this time it's true.
On February 29th, 65438, heavy snow fell in Changchun and Songyuan, and 34 flights at Changchun Airport were cancelled. Some teachers' planes flew over Changchun Airport and turned back. They went straight to the railway station and went to Changchun, Shenyang, Daqing and Songyuan in Harbin. Nearly 20 teachers and students and Li Ning's friends came from all over the country in the snowstorm and finally gathered outside Songyuan Intermediate People's Court on the morning of the 30th.
Two, the judicial open network can not find a public hearing, can not obtain the qualification to attend.
Information about public court hearings in various courts in Jilin Province can be found on the Judicial Open Network of Jilin High Court, or you can apply for auditing online. Li Ning's friends have been refreshing the page, but there is no news of Li Ning's trial. 65438, after learning the information of the public hearing on February 30th, was still unable to apply for the citizen's auditing qualification online, but was told by Songyuan Intermediate People's Court that it could apply by telephone. The teachers and students of Li Ning's team and Li Ning's friends called the office from all over the country for the first time. When the phone was finally connected, a male staff member replied that there were only 48 places for the trial lecture, which had been distributed a few days ago, including Li Ning's colleagues or students from China Agricultural University. But as far as I know, only two representatives of China Agricultural University have applied for and obtained the qualification of auditing! There is no channel for online application, and offline application becomes impossible.
Three, Li Ning, Zhang Lei corruption case deleted "suspected".
When you step into the trial court, the first thing you see is two large display screens hanging at the trial site, which read the words "Li Ning, corruption case opens", which is extremely dazzling. I feel that if I remove the word "suspect", I will be convicted.
4. The prosecutor showed the evidence of making PPT in advance with the live display screen, but Li Ning and the defense lawyer could not demonstrate PPT with the display screen.
The prosecution's evidence is completely consistent with the evidence presented in the trial on August 20th, 20 15. Except for some arrangements, no new materials were added and the first defense lawyer's query was not explained. There was no evidence last time, and there is still no evidence this time. Li Ning didn't take it or didn't take it. Where did you get the new evidence? However, the evidence PPT presented is very confusing to the audience, and the flow chart and pie chart are released frame by frame. Neither Li Ning nor defense lawyers can demonstrate PPT, especially Li Ning, who doesn't have his own computer and can only defend himself tenaciously and at a high level with handwritten pieces of paper. I was particularly worried that it would be difficult to achieve the same audio-visual effect with such unequal expressions. Because I know the audience is different from the last trial. There are real people in the gallery, such as NPC deputies. They should sit in the front two rows of the gallery, because although the trial lasted nearly 65,438+05 hours. They are serious and dedicated from beginning to end. Thank you very much for really listening to the people at the trial site, although I don't know you.
5. I don't think it is necessary to lie.
When Li Ning's defense lawyer pointed out that the core evidence of Li Ning's case, the Judicial Appraisal Book, lacked elements, and there was no special seal for judicial appraisal and no signature of the appraiser, the prosecutor claimed that the lawyer had a copy, and the special seal for judicial appraisal was stamped, not printed. I wonder why I should tell an unnecessary low-level lie on behalf of the state prosecution. Lawyer Yuan pointed out this lie of the prosecutor in court. At the first hearing of this case on 20 15, the lawyer raised the issue of not affixing the special seal for judicial expertise, which was recognized by the prosecutor at that time. And teachers and students waiting at the gate of the court can testify. At that time, the appraiser ran out in a panic with the appraisal book, saying that it was not stamped, and quickly went back to cover it. Is it necessary to deny the facts that the public prosecutor has identified before this trial? In fact, I also asked my lawyer at that time, "Is it too late to build it now?" The lawyer said that the evidence has been submitted, and it will not be covered if it is not covered. According to the law at that time, it could not be made up. And this appraisal book not only lacks elements in form, but also is full of mistakes. There is no need to lie because of the lack of steel seal.
But when the presiding judge read the verdict, I knew it was a necessary lie. The judgment specifically mentioned that this appraisal book has a special seal for judicial appraisal (that is, the steel seal mentioned above), so this appraisal book is legal and effective.
The trial lasted from 8: 30 in the morning to midnight 12, and Li Ning was blindfolded twice in court.
Li Ning has been detained for five years and seven months. Long-term imprisonment has seriously devastated Li Ning's health. He has lost his sense of smell because the nasal cyst can't be treated in time. What's even more frightening is that due to the dim light in the detention center, Li Ning reads a lot every day, and often becomes blind after crying for unknown reasons. On August 20th, 2065438+05, the first trial lasted for two days and ended at 9 pm the next day. This trial lasts from 8: 30 am to 12. There are 40 minutes for lunch and no time for dinner at night. During the trial, Li Ning was temporarily blind after two tears, and the trial was forced to be interrupted. I stood in the corridor, listening to "doctor, doctor, come here quickly!" " "Li Ning has never been temporarily blind twice a day before. I pray in my heart that such frequent attacks will not be irreversible. ...
As the trial continued, not only Li Ning but everyone was very tired. Besides, I didn't eat dinner. Even if I sit and listen, my eyes are black and I am about to collapse. Li Ning's defense lawyer Yuan repeatedly pleaded: "I especially understand that everyone is very tired. Because of the flight delay, the road was closed by heavy snow. I arrived in Songyuan in the morning and only slept for two hours. I am exhausted, too. Please insist. This trial concerns a person's innocence and the fate of a scientist. "
Seven, the judge seems to predict the need for a second trial.
In the defense opinion session of lawyer Li Ning, Li Ning's defense lawyer Xing proposed at the pre-trial meeting that according to the People's Jury Law, the Li Ning case should be composed of three judges and four jurors. This question has never been answered. There are only three judges in this trial, which, in our opinion, violates the jury law. Lawyer Xing then read out the relevant chapters of the Juror Law. At this time, the judge frequently interrupted the lawyer's reading. Lawyer Xing was a little anxious and said, "Are you going to deprive me of my right to defense?" The judge said, "I'm not depriving you of your right to defense, I'm asking you not to say it here." As for the jury, you can put it forward as a reason for appeal. " My heart is as cold as the weather outside the window: it is impossible to be innocent, because the appeal mentioned by the judge here means that the first instance refuses to accept the judgment and needs to appeal to the second instance.
Standing in the snow outside the stadium at MINUS 24 degrees.
Although it was a public hearing, the court only allowed three family members to attend. Although after many applications, I was unable to obtain the qualification to attend the audit, but nearly 20 teachers and students of Li Ning's team and Li Ning's friends rushed to Songyuan from all over the country to accompany Li Ning outside the court wall. It snowed heavily in Songyuan the day before the trial, and everyone waited outside the icy court for 15 hours, just to be closer to Li Ning. At night, the temperature has dropped to MINUS 24 degrees, so they called several taxis and took turns to keep warm inside. At the end of the trial, it was close to midnight 12, and everyone was still holding on in the cold wind, hoping to take a look when Li Ning boarded the police car and left, and also hoping that Li Ning could feel a little warm in the dead of winter in the north.
With the passage of time, the audience in court can already tell which are the real audience. However, unlike last time, none of the scheduled audience left early this time, and they all insisted on ending the trial at midnight 12. When Li Ning spoke to the defense lawyers, they just made impatient noises. If the teachers and students who are particularly distressed by the cold in the snow are replaced, these audit employees will not have to suffer this foreign crime.
Nine, ranging from lawyers to submit written defense opinions of the judgment.
The day after the trial, the lawyer went to meet with Li Ning, who was temporarily detained in the detention center of Guo Qian County, Songyuan City. Everyone wants to know why Li Ning was not remanded to Jilin Provincial Detention Center after the trial.
This is the last day of 20 19. Pedestrians in a hurry are beaming, the earth is white, beautiful and enchanting under the sunshine without losing the heroism of the north. However, the beauty of all this has nothing to do with me. We bought a plane ticket back to Beijing and rushed to Changchun airport. On the way, I received a phone call from the court staff. The Li Ning case will be pronounced at 9: 30 am on June 3, 65438! The lawyer in the same car blurted out, "A lawyer's written defense is unnecessary? ! "
During the trial, the judge repeatedly interrupted the speeches of Li Ning and the defense lawyer on the grounds that the trial time was tight, so don't say anything more. After the trial, you can submit written opinions.
I have a strong sense of foreboding in my heart, and it is very likely that the contents of the judgment were prepared before the trial.
Ten, the live broadcast of graphics and text became a live broadcast of graphics and text.
Article 2 of "Provisions of the Supreme People's Court on Live Broadcasting and Recording of Court Trial Activities by People's Courts" states that "People's courts can choose cases that are highly concerned by the public, have great social influence and have legal publicity and education significance to conduct live broadcasting and recording of court trials". After the pre-trial meeting, the lawyer told me that the Li Ning case would be broadcast live on Weibo of Songyuan Intermediate People's Court. I was very happy to hear the news. Although this is not an image, it is better than nothing. Pay close attention to Weibo of Songyuan Intermediate People's Court, and found no option of live broadcast, and no record of live broadcast of other cases. The telephone asked the relevant departments of Songyuan Intermediate People's Court, and the answer was, "Our technical department has debugged the broadcasting platform. I can't see it now, but it will be available at the court session. "
Back to the hotel after the trial, it was already two o'clock in the morning. I couldn't wait to watch the live broadcast, and I was so angry that I couldn't speak. Not only has the platform been debugged, but the content played has also been "debugged" in advance. The so-called graphic live broadcast means that there is a photo of the trial, and the rest is basically the PPT of the prosecution I saw during the trial. In the cracks of these PPT, there is only a little information about Li Ning's self-defense and lawyer's defense opinions. And the content has been misinterpreted.
On the morning of June 3, 2020, the presiding judge announced the verdict and asked Li Ning whether to appeal. Li Ning said calmly, "Appeal."
Depressed to the extreme, if the court still operates in the same way, the result of the second trial is not difficult to predict.
2020 1 month 4
Attachment: supplement to live video.
I have always hoped to solve Li Ning's problem within legal procedures, so neither my family nor my lawyer informed the media of the trial and verdict of Li Ning's case in advance, hoping that the trial could be conducted fairly without external pressure. However, after watching this live broadcast, I still hope that everyone can hear the voices of Li Ning and the defense lawyer, although the voices made through me are so weak.
1. Li Ning's self-defense (excerpt)
The company involved is a scientific research collaboration unit and a scientific research platform. It has signed an agreement with China Agricultural University, and is a legal entity for cooperative scientific research. The reason for the establishment of the company is that there have been cases in which cooperative companies falsely reported data before, even the experimental pigs have died, and the cooperative companies are still falsely reporting data to the research group. In order to ensure the accuracy of scientific research data and the smooth development of scientific research activities, the company was forced to set up. China Agricultural University also holds shares in the company. After the establishment of the company, it has never distributed dividends and invested money. Although the industrialization development of scientific research achievements is completed by the company, the intellectual property rights of the achievements are owned by China Agricultural University. Li Ning's team fully guaranteed the rights of China Agricultural University in the process of establishing the company: the company undertook a lot of work related to industrialization, but all the biosafety certificates finally applied to the Ministry of Agriculture were exclusively owned by China Agricultural University. Biosafety certificate is the "license" for the industrialization of animal mammary gland bioreactor. Through the attribution of the biosafety certificate, China Agricultural University will enjoy the maximum benefit from the achievements on behalf of the country, which fully proves that the ultimate goal of establishing the company is to promote the industrialization of scientific research achievements, not for personal gain.
In his final statement, Li Ning said that my situation is not complicated. The following are objective facts: I have never personally managed research funds since I came back from studying abroad; We have never embezzled or privately used a penny of scientific research funds ourselves; Our scientific research funds are the balance under the premise of fully exceeding the major national scientific and technological special tasks, and are the result of efficient use of scientific research funds; Our intellectual property rights belong to China Agricultural University; We also use collective labor income for major national science and technology projects. I have won the highest national science and technology award for six times, and the direct and indirect economic benefits for the country have at least exceeded tens of billions of yuan. Why can't I even get the minimum fair treatment? I long for freedom, but I am more eager for the development of national scientific and technological innovation and the civilized progress of national justice! I hope the court can clear my name as soon as possible, so that I can contribute all my wisdom and strength to accelerate the construction of an innovative country and a world science and technology power in the new era!
2. Counsel's defense (excerpt)
With regard to the whereabouts of the funds involved, under the questioning of lawyers, Zhang Lei admitted that the funds were used for follow-up scientific research projects, and made it clear that he did not want to misappropriate scientific research funds. Lawyers believe that although Zhang Lei pleaded guilty in name, in fact, his description of the case was actually to defend his innocence, saying that the funds were used for follow-up scientific research projects, indicating that there was no corruption. To say that he has no intention of misappropriating funds is tantamount to saying that there is no subjective intention of corruption. In other words, what Zhang Lei said in the trial actually proved that he did not plead guilty.
Defense lawyers believe that the occurrence of the Li Ning case is closely related to the unreasonable management system of scientific research funds in that year. The management system of scientific research funds before 20 14 requires that the unused funds at the end of each year and the remaining funds after the completion of the project should be handed in. However, due to the long lag of project funds in the new year, many researchers are forced to keep the funds in the form of fake invoices to solve the problem of fund use in the unplanned period of the next year, otherwise the project will not be able to continue. In this case, the research group obtained a large number of experimental animals during the project implementation. If the funds are cut off, it will not survive. Moreover, Li Ning is unaware of the specific fund operation matters, and has no criminal intent, which does not meet the subjective elements of the crime of corruption.
After 20 14, China has made great adjustments to the management of scientific research funds. On March 20 14 12, the State Council issued "Several Opinions on Improving and Strengthening the Management of Scientific Research Projects and Funds of the Central Government" (Guo Fa [20 14] 165438+. Defense lawyers insist that according to the principle of "from the old to the light" and the current regulations on scientific research funds, the practice of Li Ning's team is not even illegal.
The prosecution presented financial vouchers, bills and witness statements during the trial. Li Ning insisted on confronting the witnesses in court, but none of them appeared in court. Li Ning believes that when investigators arraigned him, they repeatedly threatened him to plead guilty or arrest his family. These witnesses should also be threatened by investigators, otherwise why not dare to confront them in court. For written evidence such as financial vouchers and bills, defense lawyers believe that investigators did not issue a detailed seizure list according to law when taking away relevant financial vouchers and bills. A few months later, they asked the company staff to confirm that these materials were true and had not been tampered with. The authenticity and legality of this part of the material cannot be confirmed, and the possibility of being tampered with cannot be ruled out. Article 140 of the Criminal Procedure Law stipulates: "The seized and detained property and documents shall be checked clearly with the witnesses present and the holders of the seized and detained property and documents, and a list shall be made on the spot in duplicate, which shall be signed or sealed by the investigators, witnesses and holders, one for the holder and one for future reference." During the trial, the lawyer insisted that this part of the evidence obviously did not conform to the provisions of the Criminal Procedure Law, was not legal evidence, and could not be used as the basis for finalizing the case.
Regarding the interrogation transcripts of Li Ning and Zhang Lei, the opinions of the prosecution and the defense lawyers are seriously inconsistent. Li Ning and his lawyer refused to recognize its legality and insisted on verifying the synchronous audio and video recording, but the prosecution refused to provide it on the grounds of technical obstacles.
Article 2 of the Provisions of the People's Procuratorate on Synchronous Audio and Video Recording of Interrogation of Duty Criminal Suspects stipulates: "The synchronous audio and video recording of interrogation of duty criminal suspects by the People's Procuratorate means that when the People's Procuratorate handles a duty crime case directly accepted for investigation, it shall conduct uninterrupted audio and video recording of the whole process of each interrogation. Audio-video interrogation is an important means for people's procuratorates to standardize interrogation behavior and ensure the legality of interrogation activities in the work of directly accepting and investigating duty crime cases. The audio and video recordings of interrogation shall be kept intact and shall not be recorded, edited or deleted selectively. "
During the trial, the prosecution also produced a judicial accounting certificate. Article 85 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the materials and samples submitted for inspection shall not be used as the basis for finalization if their sources are unknown or they are not qualified for appraisal due to pollution. During the trial, the defense lawyer believed that the source of a large number of bills and accounting vouchers on which the appraisal was based was unknown, and there was no legal and complete seizure list, which could not be used as the basis for finalizing the case according to law.
There are many low-level mistakes in the forensic accounting appraisal, such as writing 300,000 yuan into 3 billion yuan, 2.85 million yuan into 2,850 yuan, and 2.55 million yuan into 2,550 yuan, which shows that the appraiser does not have a basic rigorous attitude. It is stated in the appraisal book that the amount of labor fee received in July 2009 is 36,880 yuan, and the amount paid is 82,075.00 yuan, which is obviously less than the amount paid. In August, 2009, the labor fee was 36,880 yuan, and the payment amount was 73,425.00 yuan, which was obviously less than the payment amount. It is incomprehensible that the appraisal book actually regards this situation as asking for labor fees. According to Li Ning, the labor cost of scientific research funds actually accounts for about one-third of the actual labor cost. During the period of being accused by the prosecution, the labor cost was about 9 million yuan, and the actual payment was about 28 million yuan. The company used its own funds to advance the labor expenses that should have been borne by special funds.
Article 84 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the appraisal opinions shall be stamped with the special seal for judicial appraisal by the appraisal institution and signed and sealed by the appraiser. The lack of signature and seal of the appraisal document shall not be used as the basis for finalizing the case. In this case, the judicial accounting appraisal book was neither stamped with the special seal for judicial appraisal nor signed by the appraiser.
The prosecution believes that it is corrupt for the research group to transfer research funds to the company. Li Ning said that the company involved is a scientific research collaboration unit and a scientific research platform. It has signed an agreement with China Agricultural University, and is a legal entity for cooperative scientific research. The reason for the establishment of the company is that there have been cases in which cooperative companies falsely reported data before, even the experimental pigs have died, and the cooperative companies are still falsely reporting data to the research group. In order to ensure the accuracy of scientific research data and the smooth development of scientific research activities, the company was forced to set up. China Agricultural University also holds shares in the company. After the establishment of the company, it has never distributed dividends and invested money. Although the industrialization development of scientific research achievements is completed by the company, the intellectual property rights of the achievements are owned by China Agricultural University. Li Ning's team fully guaranteed the rights of China Agricultural University in the process of establishing the company: the company undertook a lot of work related to industrialization, but all the biosafety certificates finally applied to the Ministry of Agriculture were exclusively owned by China Agricultural University. Biosafety certificate is the "license" for the industrialization of animal mammary gland bioreactor. Through the attribution of the biosafety certificate, China Agricultural University will enjoy the maximum benefit from the achievements on behalf of the country, which fully proves that the ultimate goal of establishing the company is to promote the industrialization of scientific research achievements, not for personal gain.