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吴丹红律师就劳荣枝死刑发声,引发关注中英文

面书号 2025-01-04 01:05 5


吴丹红律师就劳荣枝死刑发表声明,引发广泛关注。

Attorney Wu Danhong issued a statement on the death penalty of Lao Rongji, which has sparked widespread attention.

1. 劳荣枝的案件在网络上影响很大,可谓举世关注,其在司法实践上的意义也非常大。

1. The case of Lao Rongji has had a significant impact on the internet, attracting worldwide attention, and it also holds great significance in judicial practice.

2. 司法公正关乎每一个老百姓的切身利益。司法公平公正公开,经得起历史和人民的检验,它就是人民的守护神。而如果司法有漏洞,或者存在一点点不按事实说话的地方,就可能成为残害无辜的凶神。

2. Judicial fairness concerns the vital interests of every ordinary citizen. When the judiciary is fair, just, and open, it can stand the test of history and the people, serving as the guardian angel of the people. However, if there are loopholes in the judiciary or if there is even a bit of deviation from the facts, it may become a malevolent deity that victimizes the innocent.

3. 其实早在2019 年12月8日,第一辩护人就接受了劳荣枝家属的委托,并在2019年12月11日上午就到了南昌市第一看守所要求会见劳荣枝。可是,南昌市第一看守所告诉我,“查无此人”。于是那天,辩护人与劳荣枝的家属奔波于南昌市公安局、南昌一看、南昌市人民检察院等各部门, 始终无法得知劳荣枝被关押在哪里。刑拘通知书上明明写着她被关在南昌市第一看守所,怎么就无法会见呢?当然现在我们知道了,劳荣枝当时被关在中寰医院,并不在看守所。当时南昌市公安局告诉辩护人,他们要请示汇报以后才能决定是否让家属委托的律师会见。请示汇报的结果是,第二天他们就安排了两名当地的法援律师会见,并始终不让家属委托律师见一面劳荣枝。而按照规定,家属先行委托的律师优先于后指定的法援律师,哪怕要解除也应该是由劳荣枝本人向委托律师当面确认,否则对其辩护权是一种损害。

3. In fact, as early as December 8, 2019, the first defense attorney accepted the appointment from the family of Lao Rongji and arrived at the No. 1 Detention Center in Nanchang City on the morning of December 11, 2019, to request a meeting with Lao Rongji. However, the No. 1 Detention Center in Nanchang City told me, "No such person found." So that day, the defense attorney and the family of Lao Rongji ran around various departments such as the Nanchang市公安局, the No. 1 Detention Center, and the Nanchang City Procuratorate, but were unable to find out where Lao Rongji was detained. The criminal detention notice clearly stated that she was being held in the No. 1 Detention Center in Nanchang City, so why couldn't they meet? Of course, we now know that Lao Rongji was actually held at Zhonghuan Hospital at the time and was not in the detention center. At that time, the Nanchang市公安局 told the defense attorney that they had to seek approval and report before deciding whether to allow the family's appointed lawyer to meet with Lao Rongji. The result of the inquiry was that the next day, they arranged for two local legal aid lawyers to meet with her, and they never allowed the family's appointed lawyer to meet with Lao Rongji. According to regulations, the lawyer appointed by the family should take precedence over the later-designated legal aid lawyer, even if it comes to termination, it should be confirmed by Lao Rongji herself in person with the appointed lawyer, otherwise, it would be a harm to her right to defense.

4. 劳声桥为什么选择了吴丹红律师?因为吴丹红律师在业界的名气太大了,并且是研究证据的,劳荣枝的案子,关键是证据,并且年代久远,所以说一开始就看上了吴丹红。二审也确实给劳荣枝出了力,在各个环节上面可以说是做出了最专业的辩论。劳荣枝和劳声桥,二审底气都非常足,也许因为有了吴丹红这种大律师帮他们,所以说说话气势都跟一审完全不同。吴丹红在刑事案是太有经验了,在2002年的时候,吴丹红曾经代理过一个杀人案,在案件当中这个杀人犯由死刑变成了无罪。

4. Why did Lao Shengqiao choose Wu Danhong lawyer? Because Wu Danhong has a great reputation in the legal community, and she specializes in evidence law. In the case of Lao Rongji, the key is evidence, and the case dates back a long time, so Wu Danhong was chosen from the beginning. The second instance also indeed provided support for Lao Rongji, and can be said to have made the most professional arguments at every stage. Both Lao Rongji and Lao Shengqiao had a lot of confidence in the second instance, perhaps because they had such a prominent lawyer as Wu Danhong to help them, which is why their demeanor was completely different from the first instance. Wu Danhong has extensive experience in criminal cases; in 2002, she once represented a murder case, where the murderer was changed from death penalty to not guilty.

5. 小学教师出身的劳荣枝,本是一只美丽的玫瑰,但她经不住万千繁华的诱惑,不安现状,结识并依附于一个社会混子,参与到杀人害命的刑事案件中。最后,法子英落入法网,而劳荣枝在外流亡二十年才被抓获。

5. Labor Yungzhi, who was a primary school teacher by origin, was originally a beautiful rose. However, she could not resist the temptation of the myriad of splendor, was dissatisfied with the status quo, and befriended and relied on a social rogue, getting involved in criminal cases of murder and harm. In the end, Fa Ziyang fell into the law's net, while Labor Yungzhi fled overseas and was not captured until twenty years later.

6. 司法公正,人民才有一片青天。

6. Only with judicial fairness can the people have a clear blue sky.

7. 尊敬的审判长、审判员,以及尊敬的审委会成员:

7. Esteemed Presiding Judge, Esteemed Judges, and Honorable members of the Judicial Committee:

8. 通过阅卷,现在我们得知,从2019年12月5日劳荣枝被押解回南昌起,她就接受了非常密集的两个多月的审讯,按劳荣枝本人的说法,几乎天天疲劳审讯。比如第一次讯问就是从2019 年12月5日下午一点持续到12月6日下午12:58分,出庭检察员说没有到24小时,是的,表面上持续讯问时间是23小时58分,精确地控制,仿佛多两分钟就是疲劳审讯,少两分钟就不是疲劳审讯一样。可是同步录音录像能 全部真实地体现疲劳审讯吗?何时开始录像,何时结束录像,不都在办案人员的控制之下吗?劳荣枝本人也说了,时间远远不止24小时,因为开始的讯问没录,那劳荣枝是否说假话查一下当时的监控录像不就知道了吗?没有录进去 的时间到底有多少?审讯笔录上省略了办案人员做“思想工作”的内容,那如何排除劳荣枝所说的威胁、引诱、欺骗?辩护人

8. Through the review of the documents, we now know that since Lao Rongji was escorted back to Nanchang on December 5, 2019, she has undergone a very intensive interrogation for over two months, according to her own words, almost daily grueling interrogations. For example, the first interrogation lasted from 1 p.m. on December 5, 2019, to 12:58 p.m. on December 6, 2019. The prosecutor in court said that it did not reach 24 hours, yes, the surface duration of the interrogation was 23 hours and 58 minutes, precisely controlled, as if adding two minutes would be considered a grueling interrogation, and subtracting two minutes would not. However, can the synchronized audio and video recording fully reflect the grueling interrogation? When did the recording start, and when did it end, were they not under the control of the law enforcement personnel? Lao Rongji herself also said that the time was far more than 24 hours, because the initial interrogation was not recorded, so how can we verify whether Lao Rongji is lying if we check the surveillance video from that time? How much time was not recorded? The interrogation notes omitted the contents of the law enforcement personnel doing "ideological work," so how can we exclude the threats, inducements, and deception that Lao Rongji mentioned? The defense attorney

9. 本人的立场,非常憎恨伤害别人生命安全的人,尤其痛恨法子英和劳荣枝杀死无辜打工人“小木匠”的行为,简直令人发指!对于司法我不专业,不敢指手画脚,只希望一切以事实说话,不要让作恶者逃脱法网,也不要在司法程序和证据定罪方面出现漏洞,妨碍司法公正。

9. My own stance is that I strongly detest those who harm others' lives and safety, especially the heinous act of Fa Ziyi and Lao Rongji in killing the innocent laborer known as "Little Carpenter". It is simply despicable! I am not proficient in the judicial system and dare not point fingers, but I only hope that everything is based on facts, and that neither the perpetrators of evil should escape justice nor should there be any loopholes in the judicial process and evidence that could hinder judicial fairness.

10. 因为时间间隔二十年,当时杀人现场已经无法勘察,加上当时侦查设备和技术相对落后,主犯法子英已在二十年前被执行死刑,导致关于劳荣枝的证据链无法闭合。吴丹红律师正是基于此,才努力为劳荣枝辩护。

10. Because of a time gap of twenty years, the crime scene at that time could no longer be investigated. Additionally, the investigation equipment and technology at that time were relatively backward. The main culprit, Fa Ziying, had already been executed by death penalty twenty years ago, which led to the evidence chain concerning Lao Rongji being unable to be closed. It is based on this that lawyer Wu Danhong has been striving to defend Lao Rongji.

11. 得知劳荣枝被执行死刑,吴丹红律师首次发声:“我们律师所做的,并不是给罪犯洗脱罪名,而是防止他被扣上本不属于他的罪名。我衷心希望每一个人都获得公平公正审判。我们的孩子,会有一个更加公平正义的司法环境。否则每个人都可能成为不公正制度的受害者。”

11. Upon learning of the execution of Lao Rongzhi, lawyer Wu Danhong made her first public statement: "What we lawyers do is not to exonerate the accused, but to prevent them from being charged with crimes that do not belong to them. I sincerely hope that everyone receives a fair and just trial. Our children will have a more fair and just judicial environment. Otherwise, everyone may become a victim of an unfair system."

12. 劳荣枝的辩护律师吴丹红,在法律界那可是出了名,他是刑事辩护律师的翘楚,政法大学的教授,证据学专家,研究的项目获奖无数,曾给很多死刑犯在他手底变无罪或死缓。一审之前劳声桥最想找的律师就是吴丹红,因为他是研究证据的。吴丹红从北京去到了南昌看守所,却告知查无此人。之后劳荣枝就指定了法援律师,这个事情就不了了之了。二审一开始本来还是由法援律师来给劳荣芝打官司,随后询问了劳荣枝本人的意见,劳荣枝也同意了家属委托律师。劳声桥又主动联系了吴丹红律师,这次吴丹红也接过了这个案子,也顺利成为了劳荣枝的律师,并且是无偿给劳荣枝打官司。

12. The defense lawyer of Lao Rongji, Wu Danhong, is well-known in the legal community. He is an outstanding criminal defense lawyer, a professor at the China University of Political Science and Law, an expert in evidence law, and his research projects have won numerous awards. He has successfully turned many death penalty convicts into innocent or given them a suspended death sentence. Before the first trial, Lao Shengqiao's most desired lawyer was Wu Danhong because he specializes in evidence law. Wu Danhong went to the Nanchang Detention Center from Beijing but was informed that there was no such person. After that, Lao Rongji designated a legal aid lawyer, and this matter was dropped. At the beginning of the second trial, it was originally still the legal aid lawyer who was to represent Lao Rongzhi, but after consulting with Lao Rongji herself, Lao Rongji also agreed to have a lawyer appointed by the family. Lao Shengqiao then actively contacted lawyer Wu Danhong again, and this time Wu Danhong took on the case, smoothly becoming Lao Rongji's lawyer, and he provided the legal services pro bono.

13. 我们受上诉人劳荣枝家属的委托,并经劳荣枝本人确认,依法担任其二审阶段的辩护人。庭前我们经过会见、阅卷,了解了本案证据情况,经过三天紧张而激烈的庭审,现就本案发表如下辩护意见,供合议庭及审委会参考:

13. We have been entrusted by the family of the appellant, Lao Rongzhi, and have been confirmed by Lao Rongzhi herself, to act as her defense counsel in the second-instance stage in accordance with the law. Before the trial, we have met with her and reviewed the case files, understanding the evidence involved. After three days of tense and intense court proceedings, we now present the following defense opinions for the consideration of the collegial panel and the judicial committee: