Background
- Who is Li Zhuang?
- A Beijing-based lawyer who was representing an alleged crime figure in a case tied to Chongqing's ongoing effort to stamp out organized crime. Li was sentenced to 30 months in jail on January 8 for pressuring a client to testify falsely. He appeals.
- Confrontations with law enforcement and judicial staffers are nothing new to Li, who has a reputation as a fearless, even reckless lawyer who has practiced the craft for 14 years.
- During an April 2007 trial, Li raked through 1,000 pages of documents before finding evidence that his client had been tortured and forced to give false testimony. He then delivered a tough defense speech in a courtroom in the city of Shahe, Hebei Province. As soon as the trial ended, Li was taken into custody and detained for five hours. Li sued the police department but lost.
- However, Li shocked court observers in the capitulation of his first sentence appeal.
- On February 2, Li stated to the judge that the January trial was based on "clear facts and sound evidence," a verbal revision of his grounds for appeal.
- The drama took a further twist as he revised his plea for the second time upon hearing his appeal verdict on February 9. The guilty verdict of Li was upheld by the appeals court in Chongqing, although his sentence was reduced from 30 months to 18 months. Upon hearing his appeal verdict, Li immediately accused judiciary officials of breaking their promise. Li said that his early admission of guilt was on the one hand enticed by "relevant departments (有关方面)," and on the other hand, a defense strategy.
Why is the case significant?
- Li's case reflects the difficult environment facing trial lawyers, who are vastly outgunned by official judicial organs in China.
- Several months before Li's case, the Chongqing judicial bureau issued an opinion, asking court lawyers to "stress politics, think about the big picture and obey the rules (讲政治、顾大局、守纪律)." It also advised lawyers "not to tangle with details." And the opinion told lawyers that media interviews were forbidden...>>
Rights of Defendants in Criminal Proceedings
- Throughout the past decade, criminal proceedings in China have undergone several reforms. The Criminal Procedure Law of China was initiated in 1979, followed by amendments made in 1997. However, an adversarial system between the prosecution and the defense has not been achieved....>>
In-Depth
- Fiery Lawyer Puts China's Judiciary on Trial
- For defending an organized crime suspect, attorney Li Zhuang wound up in jail and triggered a national debate over judicial system flaws.
- Closing The Graft Gap
- A witness protection system and other judicial system reforms would further tighten the screws on official corruption in China.
Updated
- Lawyer's Retraction Written into Plea Bargain
- Li Zhuang's six-point admission of guilt contains an acrostic that narrates his retraction
- Chongqing Judicial Official Faces Trial
- Former Chongqing police official Wen Qiang goes to trial; Organized crime lawyer Li Zhuang alters his sentence appeal
- Convicted Chongqing Lawyer Appeals Case
- Li and his attorney argue court procedures were not upheld.
Oddly Enough
- Wink
- Li had been framed by his client, Gong Gangmo. Court documents say Gong told Chongqing police December 10 that Li had asked him to withdraw testimony. Gong later told a television reporter that Li's enticement was conveyed through "winks."
- Four Beijing lawyers staged a performance on the same day of Li's trial. Titled "Winking Not Guilty,"
the lawyers wore black robes reminiscent of a judge in a court setting and fixed the lids of their eyes open with tape.
- No Witness in Court
- None of the seven witnesses testified against Li appeared at his trial. The judge said one was in a Beijing hospital while the rest were unwilling to appear in court. In fact, all six were either in local police protective custody or were being held for alleged crimes.
- A procurator said the testimonies against Li were lawful, valid and effective. But Li and his lawyer, Gao, weren't convinced. Gao noted it is illegal for witnesses under police control not to appear in court. And it was a breach of duty for the procurator to use testimonies unlawfully obtained.
- The key witness and Li's former client, Gong Gangmo, showed up on the appeal court on
February 2.
- A Speedy Process
- Only 28 days elapsed between Li's arrest and the sentencing. During Li's trial, a committee of legal experts formed by the Chongqing court met local media. The experts explained judicial strategies
and were encouraged to express views favorable
to prosecutors.
- An Acrostic Admission of Guilt
- The guilty verdict of Li was upheld by the appeals court in Chongqing, although his sentence was reduced from 30 months to 18 months. However, upon hearing his appeal verdict on February 9, Li immediately accused judiciary officials of breaking their promise. A week earlier, Li shocked court observers in a sudden capitulation of his first sentence appeal. Li said that his early admission of guilt was on the one hand enticed by "relevant departments (有关方面)," and on the other hand, a defense strategy.
- Li instructed court observers to study his confession. The six-point admission of guilt, announced by Li during his appeal, contains an acrostic that narrates his retraction. The first and last characters of each sentence form a statement that says, "forced into the guilty plea and a reprieve, and will certainly appeal once I'm out (of custody)."
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