【新唐人2014年09月26日訊】原中共發改委副主任，能源局長劉鐵男一案，9月24號，在河北省廊坊經濟技術開發區法院開庭審理。中共當局公布了劉鐵男的自白書，聲稱劉鐵男認罪態度良好，而且案發後，贓款贓物已經全部追繳。外界評論分析指出，由於「全部退贓」已經成為中共貪官獲得從輕發落的一條捷徑，劉鐵男或許會被從輕處罰。
9月24號上午，身穿黑色上衣的劉鐵男出現在被告席上，河北廊坊中院通過微博方式對庭審過程進行了文字直播。
直播消息顯示，起訴書指控，被告人劉鐵男在2002年到2012年期間，利用擔任中共計委產業發展司司長、發改委工業司司長、發改委副主任等職務上的便利，和兒子劉德成共同非法收賄財物3558多萬元人民幣。
起訴書還說，案發後，劉鐵男受賄的贓款贓物已經全部被追繳。劉鐵男還主動交待了辦案機關沒有掌握的1875多萬元的受賄犯罪事實，並如實供述自己的罪行，認罪態度較好，可以從輕處罰。
東南大學法學教授張讚寧還說：「中國法律有一個不成文的規則，坦白從寬，抗拒從嚴，這個法律在其他國家是很少有的。因為有這種情況，如果劉鐵男，他做出一些有利於當局所需要的那些供詞的話，就可能會跟王立軍一樣的會被輕判的。」
此次公審起訴書中聲明，案情截止時間是2011年8月，當局並沒有說明甚麼原因。然而，劉鐵男當庭提出，在中紀委立案審查的時候，為了戴罪立功，他寫了就如何反腐的建議材料。公訴人要求法庭依據材抖內容決定劉鐵男是否構成立功。審判長表示，合議時會充分考慮。
旅美原大陸歷史學教授劉因全：「從目前釋放的這些信息看，顯然是想從輕發落他，否則的話不會釋放這一些信息。這還是一種官官相護，想保劉鐵男的，同情劉鐵男的一些人，利用這種辦法來給劉鐵男減刑，來減輕他的處罰。」
根據中共國家發改委去年8月12號的內部通報，劉鐵男除了受賄1千多萬元人民幣以外，還利用職務之便，與兒子劉德成通過非法經營所得約1.1億元，妻子郭靜華非法所得3800萬元左右，並收受禮品折合約41萬元，加上劉鐵男的受賄金額，已經查明非法所得超過1.5億元。
從當局公布的數據前後對比，引起輿論界的質疑。劉鐵男在卸任前的3月個月內突擊審批的50個項目，到底有沒有問題？此次公審中，劉鐵男的妻子也沒有被涉及，她在其中扮演甚麼角色？是否會另案調查？
劉因全：「中共對它這些官員的處分絕大部分還是大事化小，小事化了。你像有一些罪行沒有提，這顯然是想把這一批罪行給他包庇下來，減輕他的處罰。」
張讚寧：「主要是對那些貪官，我們現在沒有辦法查清他的那些具體的受賄和貪污的事實，但是他確實有很多財產和收入是不對稱的。這有很多原因，一個就是調查取證很困難。比如，他貪污了一百宗，能查清他四十宗就已經很不錯了，所以在判刑時肯定會低於他原來的報導估計的那個數字。」
香港《蘋果日報》發表評論文章說，劉鐵男被捕後的言行，不能肯定是否能幫助當局反貪，但肯定對貪官減輕罪惡感甚至立功有三大貢獻。其中之一是，平日要多貪，狠狠地貪，貪到當局都查不到。被捕後，主動招供，退贓，起碼混個「認罪態度好」，多一道免死金牌。
劉因全表示，在中共這種一黨專制的制度下，沒有其他黨派的監督之下，對官員的犯罪向來是袒護的，共產黨起不到真正反腐的作用。
採訪編輯/凱欣 後製/舒燦
Former Official Liu Confesses – Will he Escape Death Penalty?
On Sept. 24, Liu Tienan, former Vice Chairman of National
Development and Reform Commission (NDRC), faced trial
at Langfang People’s Intermediate Court, Hebei Province.
The Chinese Communist Party (CCP) has publicized Liu’s
confession, claiming he has displayed a good attitude to his crimes,
and all his ill-gotten gains have been confiscated.
Observers analyze that returning all corrupt goods and money
has become a way to reduce corrupt officials’ punishment,
so Liu will likely be given a lenient sentence.
On the afternoon of Sept. 24, Liu appeared in court wearing a
black jacket.The court proceedings were blogged live
via Langfang’s official Weibo.
The live-blogged messages show that Liu, accused of using
his senior positions between 2002 to 2012,
accepted more than 35 million yuan ($6.4 million) in bribes
together with his son Liu Decheng.
Prosecutors said that all goods and cash bribes taken by Liu have
been confiscated.
Liu has also confessed to an additional18 million yuan in bribes
that the court didn’t know of.
Because Liu has confessed his crimes with a good attitude,
they will give him a lenient sentence.
Zhang Zanning, China-based Professor of law school at
Southeast University:
“There is an unwritten rule in China’s law:
Leniency to those who confess, severity to those who resist.
So if Liu’s confession is in favor of the regime’s needs,
he would likely be similar to Wang Lijun, and
receive a lenient sentence.”
The indictment stated that the investigation timeline went
to August 2011, the regime didn’t give an explanation why.
Liu said in court that when the central disciplinary department
was investigating him,in order to reduce his punishment, he wrote a
suggestion proposing how to fight corruption.
Prosecutors requested the court to decide whether Liu has
achieved advances with his suggestion.
The presiding judge said that they will fully consider it
in panel discussion.
Liu yinquan, US-based professor of Chinese history:
“According to the current sources, obviously they
will give him a light sentence.
Otherwise, such information won’t be disclosed.
‘Officials shield one another’, those who want to protect Liu
and are sympathetic to Liu, utilize this method to reduce
his punishment.”
According to NDRC internal notice on Aug. 12, 2013,
apart from accepting more than 10 million yuan in bribes,
Liu alleged of using his position also gained 110 million yuan
along with his son Liu Decheng via illegal businesses dealings.
His wife Guo Jinghua illegally gained 38 milliion yuan and
accepted gifts worth 410,000 yuan.
In addition to Liu’s bribery cash, in total he was bribed
with over 150 million yuan.
Public opinion questioned the figures disclosed by the regime
before and after the trial.
Is there any issue with the 50 projects that Liu quickly
approved three months before he stepped down?
During the trial, Liu’s wife hasn’t been mentioned,
What role did she performed?
Will she be investigated in a separate case?
Liu Yinquan: “Most of the time the CCP punishes its officials
it does not sound too serious. It seems some of his crimes haven’t
been mentioned.
Obviously the CCP wanted to cover up his crimes,
to reduce his punishment.”
Zhang Zanning: “For the CCP officials, there is no way to
investigate each detail of bribery.
Liu’s many assets don’t balance with his income.
There are many reasons. One is that finding the evidence is difficult.
For example, he was charged with a 100 counts of bribery
in his case., it will be good if just 40 counts can be cleared out.
During the trial, the figures given are certainly smaller
than the estimated one.”
Hong Kong’s Apple Daily reported what Liu has said
after being arrested, that he was not sure whether to help the
regime fight corruption or not.
But it certainly has three major encouragements for corrupt
officials on how to reduce their punishment:
One is to be so corrupt in their office, until there is no way
for the regime to investigate the details.
Second is to confess actively after being arrested, and
return bribery goods and cash,
Three is at least they will be seen displaying a good attitude to
their crimes, and thus they can be free from the death penalty.
Liu Yinquan says that under the CCP dictatorship, and
without any supervision from other [opposition] Parties.
The officials’ crimes have always been covered up,
the CCP has never truly fought corruption.
Interview & Edit/Kai Xin Post-Production/Su Can
