【禁闻】律师称量刑过重 冀中星签上诉状

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【新唐人2013年10月17日讯】备受舆论关注的“冀中星机场爆炸案”,日前在北京法院宣判。尽管得到了来自各方的同情和理解,但冀中星依然被中共当局以“爆炸罪”判处有期徒刑6年。他的辩护律师刘晓原认为,当局对冀中星量刑过重,完全没有考虑冀中星犯案的根本原因。目前,冀中星的家人已经决定上诉,并在近期起诉广东省公安厅。

10月15号,北京朝阳区法院一审判决冀中星构成“爆炸罪”,判处有期徒刑六年。

冀中星的代理律师刘晓原认为,冀中星的行为是“过失爆炸”,并不构成“爆炸罪”。

北京律师 刘晓原:“冀中星不是故意到机场去制造爆炸案的,他只是去喊冤,拿着爆炸物只是要引起关注,警察叫他放下来的过程中,不小心引爆,所以我们认为,他是过失爆炸。过程都有监控录像的,这个没错,这个都有的。”

冀中星在庭审中表示,事发时,他怕警察抢爆炸物,因此把自制的“炸药”从左手换到右手,结果不小心碰触到了机关,实际上他完全没有想到要引爆,也没有想过自杀。

按照《刑法》第一百一十四条的规定,“爆炸罪”尚未造成严重后果的,判处三年以上、十年以下有期徒刑﹔而“过失爆炸”的,判处三年以上、七年以下有期徒刑,情节较轻的,判三年以下有期徒刑或拘役。

虽然法院表示,在量刑时予以从轻处罚。但刘晓原对法官“轻判”这一说词却不认同,他指出,即便法官认定冀中星“爆炸罪”成立,6年的量刑也过重。刘晓原认为,法庭在判决中,完全回避了案件的作案动机及起因。

刘晓原:“冀中星是当年被殴打致残,八年得不到解决,才走上这样的绝路的。所以法院对这个案件的起因都没有考虑,我们认为,这样判决是不公的,家属也是这样的观点。”

冀中星2005年在广东打工期间,因为骑摩托车搭载了一位乘客,被治安队员用钢管殴打致残,此后多年里,冀中星多次报警、投诉、上访、诉讼,冤情却一直没有得到解决。走投无路之下,冀中星才决定不再走所谓正常途径去申诉冤情。

今年7月20号,冀中星坐着轮椅在首都机场航站出口外散发传单,在民警阻止时,冀中星自制炸药不慎引爆,由于炸药的威力不大,而且冀中星在引爆时有向周围群众示警,所以爆炸仅造成他本人和警员受伤。但冀中星受伤较重,左手臂需截肢。

对此,法律界认为,冀中星的经历完全可以作为从轻或减轻处罚的“酌定情节”。

北京市“律师协会宪法与人权委员会”委员杨学林律师:“应该给他减轻,因为他的起因是一种非常特殊的起因,这在他的主观故意啊、主观恶性啊,以及社会危害性方面,应该都是比较轻的,在这个问题上应该是给他减轻的。”

首都机场爆炸案发生后,迫于舆论压力,广东省公安厅和广东省高级法院承诺,将责成东莞警方在8月底,对冀中星被殴打致残的问题进行复查,结果会即时向社会通报。但随后,广东省公安厅却拒绝了冀中星要求公开复查结果的申请,一度引发舆论质疑。对此,冀中星家属决定近期起诉广东省公安厅,要求当局公开调查结果。

目前,冀中星及他的家属已经委托律师刘晓原负责二审的辩护,16号下午,刘晓原赶到北京第二看守所,要求会见冀中星,但被拒绝,只许他把上诉状等材料交由工作人员,由冀中星签署。

刘晓原:“今天下午我去会见,但是看守所说,他们没有人员把他从医院的楼上推到律师会见室让我会见。后面经过交涉以后,他们同意把冀中星的上告状,由他们拿进去让冀中星签好字以后,他们再交给我。今天我没有见到冀中星,但是冀中星在上诉状已经签字同意要上诉了。”

有评论指出,虽然冀中星应该法办,但造成他残废以及逼迫他犯罪的人更应该法办,冀中星所遭遇的伤害和不公,不能付之流水。

采访编辑/张天宇 后制/黎安安

Lawyer: The Sentence Is Too Severe – Ji Zhongxing is going for Appeal

Recently, Beijing court heard the “Ji Zhongxing’s
Airport Bombing Case" which is causing much concerned to
the public.

Although Ji Zhongxing has received sympathy and
understanding from all sides, he nevertheless, was severely
sentenced to 6 years in jail with for crime of “explosive offense"
by the Chinese Communist Party (CCP) authority.
His defense lawyer Liu Xiaoyuan thinks the sentence is too
harsh and the court hadn’t considered the root reason
why Ji Zhongxing committed the crime.

Now, Ji Zhongxing’s family decided to appeal and will sue
Guangdong Provincial Public Security bureau in the near future.

On October 15, Beijing Chaoyang District Court heard the first
trial and sentenced Ji Zhongxing to six years in jail with the crime
of “explosive offense".

Liu Xiaoyuan, the defense lawyer of Ji Zhongxing thinks,
Ji’s action is one of a “negligent explosion" which can’t be judged
as an “explosive offense".

Liu Xiaoyuan, a Beijing Lawyer, “Ji Zhongxing didn’t set off the
bomb explosion intentionally in the airport.
He went there to ask for help.
He held the bomb with that intention.
When the police were asking him to put down the bomb,
it explored accidentally.
That’s why we think it is a negligent explosion.
There’s surveillance video to testify the whole process.
It is true."

During the first trial, Ji Zhongxing said in court that
he was afraid that the police would grab the bomb
when the incident occurred.

Then he moved the bomb from his left hand to the right hand,
but touched the detonator by mistake. In fact, he has never
wanted to explode it nor commit suicide.

According to the Article 114 of the Chinese “Criminal Law",
the sentence for an “explosive offense" crime without
serious damage should be 3 to 10 years in jail.

The sentence for a “negligence explosion" should be 3 to 7
years in jail; the related less serious case, should be
sentenced to less than 3 years in jail or a criminal detention.

Although the court claimed that the sentence was light,
but Liu Xiaoyuan does not agree with that opinion.
He pointed out that even if the judge
regarded Ji Zhongxing committed an “explosives offense",
a 6 year sentence in jail is too severe.

Liu Xiaoyuan thinks the judge completely ignored
the motivation and causes of this case.

Liu Xiaoyuan: “Ji Zhongxing was beaten and maimed, and didn’t
receive fair treatment in last 8 years which forced him to
choose this kind of solution.

The court didn’t consider the root cause, which we think
makes the sentence unfair.
The family has the same point of view as us."

In 2005, Ji Zhongxing worked in Guangdong.

One day when he was carrying a passenger by motorcycle,
he was beaten and maimed by the security team with steel pipes.
In the followed several years, Ji Zhongxing asked for help
from the police, did the petition, raised complaints, sued,
but he did not achieved any positive feedback.

Ji Zhongxing decided to choose an abnormal channel to
pursue his grievances because there was no other solution.

On July 20 this year, Ji Zhongxing distributed leaflets about
his plight at the exit of the Capital Airport Terminal.
When police stopped him, Ji Zhongxing detonated his
handmade bomb by accident.
Because the power of the bomb wasn’t strong and Ji Zhongxing
had warned the people in advance, there’s a police and Ji
himself hurt in the explosion.

But Ji Zhongxing was hurt severely and his left arm was
blown off.

For this case, the Chinese legal profession think that
Ji Zhongxing’s experience can be one of “discretionary
circumstances" to reduce or lighten his punishment.

Lawyer Yang Xuelin, a member of Beijing’s “Lawyer Association
Constitutional and Human Rights Committee",
“the court should lighten his punishment because
there’s a very special reason for his actions.
It’s related in his motives, his punishment is vicious
and harmful to society.
The punishment should be lighter on him."

After the Beijing Capital International Airport bombing case,
the Guangdong Provincial Public Security Bureau and
the Guangdong Provincial High Court have been forced
to ask the Dongguan police to review the case
that Ji Zhongxing was beaten and maimed,
and to report to the society once there’s a result.
But then the Guangdong Provincial Public Security Bureau refused
Ji Zhongxing’s request to make public the result which makes
public opinion very suspicious.

The family of Ji Zhongxing plans to sue the Guangdong Provincial
Public Security Bureau, and demand the regime to make public
the review results.

Currently , Ji Zhongxing and his family have entrusted
lawyer Liu Xiaoyuan to make the defense case for the appeal.
On October 16, Liu XIaoyuan went to Beijing Second
Detention Center and asked to meet with Ji Zhongxing.
But he was refused and just allowed to pass the documents
to the police who would bring to them to Ji Zhongxing for signing.

Liu Xiaoyuan:"I went to meet with Ji Zhongxing this afternoon,
but the detention center told me that they didn’t have
the police to bring Ji from the hospital to the meeting room.

After negotiating, they agreed to take the complaint letter
to Ji and bring it back to me after Ji signed it.
I didn’t meet Ji Zhongxing today, but Ji agreed to appeal
and signed the complaint letter."

There are commentaries pointing out that although
Ji Zhongxing should be punished by law, but the person
who forced Ji to commit the crime should be punished even more.

All the injuries and injustices that Ji Zhongxing suffered
shouldn’t be in vain.

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