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亚博棋牌有保障-律师为周伟新的无罪辩护为什么没被法院采纳



发布日期:2021-03-10 11:28:01 发布者:Admin5  点击率:

Why the lawyer's defense of Zhou Weixin's innocence was not accepted by the court

为何法院未接受律师对周维新无罪的辩护

——Who is the "whistleblower" of the black whistle in Chinese football? (Seven)

-谁是中国足球黑哨的“举报人”? (七)

10. Why the lawyer's defense of Zhou Weixin's innocence was not accepted by the court

10.为什么法院未接受律师对周维新无罪的辩护

Lawyer Deng Hong argued for Zhou Weixin in accordance with the legal provisions. She also admitted afterwards that the reason for choosing an innocent defense was based on respect for the law. In fact, she also knew that it was difficult for Zhou Weixin to be acquitted. After all, this case has a great impact. However, according to the innocence defense, asking the court to give full consideration to the lawyer's opinions can facilitate a light sentence of Zhou Weixin.

邓红律师按照法律规定为周维新辩护。她后来也承认,选择无罪辩护的理由是基于对法律的尊重。实际上,她还知道,周维新很难被无罪释放。毕竟,这种情况影响很大。但是,根据无罪辩护,要求法院充分考虑律师的意见可以使周维新轻判。

But the court basically cannot accept the lawyer's defense of innocence.

但是法院基本上不能接受律师的无罪辩护。

In mid-February 2012, the Intermediate People's Court of Dandong City made a judgment of first instance.

2012年2月中旬,丹东市中级人民法院作出一审判决。

This court believes that the Chinese Football Association is a social organization registered with the Ministry of Civil Affairs. Defendant Zhou Weixin was appointed by the Chinese Football Association to be judged in the National Football League. He took advantage of his position as a football referee and accepted requests from others. The amount of money received for the second time is huge, and his behavior has constituted the crime of bribery of non-state employees; defendant Zhou Weixin, in order to seek illegitimate benefits, gave non-state employees a huge amount of bribes, and his behavior constituted bribery of non-state employees All crimes should be punished.

该法院认为中国足球协会是在民政部注册的社会组织。被告人周维新被中国足协任命为全国足球联赛评委。他利用自己作为足球裁判员的优势,接受了其他人的要求。第二次收到的钱数额巨大,他的行为已构成贿赂非国有雇员的罪行;被告人周维新为谋取不正当利益,给了非国有从业人员以巨额贿赂,其行为构成了贿赂非国有从业人员的行为。一切犯罪应予惩处。

The People’s Procuratorate of Dandong City, Liaoning Province charged the defendant Zhou Weixin with the crime of accepting bribes by non-state employees. The evidence was solid and sufficient, and the charges were convicted. The defendant Zhou Weixin committed several crimes alone and should be punished concurrently. After the defendant Zhou Weixin was subjected to compulsory measures, he truthfully confessed his other crimes that the judicial organ has not yet grasped, and surrendered himself, and the punishment could be mitigated. Defendant Zhou Weixin voluntarily confessed the bribery before being prosecuted, and the punishment can be mitigated. Defendant Zhou Weixin returned part of the stolen money and could be given a lighter punishment as appropriate. Defendant Zhou Weixin's defense had no factual or legal basis, and this court would not support it. Regarding defendant Zhou Weixin’s defense opinion that there was no clear legal provision for defendant Zhou Weixin’s illegal receipt of property from others between 2001 and 2005, and that he could not be convicted. Upon investigation, defendant Zhou Weixin took advantage of his position as a referee. Accepting the request in the adjudicating football game, in order to seek the benefit of the requesting party, accepting the property of the requesting party, his behavior meets the constitutive requirements of the crime of bribery by non-state staff, and should be convicted and punished on the crime of bribery by non-state staff, so the defendant This defense opinion of Zhou Weixin's defender has no factual and legal basis, and this court does not support it.

辽宁省丹东市人民检察院指控被告人周维新犯有接受非国有从业人员贿赂的罪行。证据确凿且充分,指控被定罪。被告人周维新单独犯了好几项罪行,应同时受到处罚。被告人周维新受到强制措施处理后,如实供认了司法机关尚未掌握的其他罪行,并自首,可以减轻处罚。被告人周维新在被起诉前主动供认了贿赂,可以减轻处罚。被告周卫新归还了部分赃物,可酌情从轻处罚。被告周卫新的辩护没有事实或法律依据,本法院不予支持。关于被告人周维新的辩护意见,关于被告人周维新在2001年至2005年之间非法从他人收亚博棋牌有保障受财产方面没有明确的法律规定,因此他不能被定罪。经调查,被告人周伟新利用其担任裁判的职务。在裁判足球比亚博棋牌娱乐赛中接受请求,以寻求请求方的利益,接受请求方的财产,其行为符合非国家工作人员贿赂罪的构成要件,应被定罪并处以罚款。因非国有工作人员受贿罪受到惩处,因此被告周卫新辩护人的辩护意见没有事实和法律依据,本法院不予支持。

The verdict is as follows:

判决如下:

—— Defendant Zhou Weixin was sentenced to three years imprisonment for the crime of bribery of non-state personnel; one year imprisonment for the crime of bribery to non-state personnel, and three years and six months of statutory imprisonment. The illegal proceeds of RMB 490,000 shall be recovered.

-被告人周维新因行贿非国家人员罪被判处有期徒刑三年;因贿赂非本国人员罪被判处一年徒刑,并处以监禁三年零六个月。追回违法所得49万元。

Zhou Weixin said immediately that he pleaded guilty and accepted the sentence and no longer appealed.

周维新立即说,他认罪并接受了判决,不再上诉。

11. The parties to the strike talk about Zhou Weixin

11.罢工各方谈论周维新

Yang Zuwu, who went on strike that year, said after Zhou Weixin was detained: "Chinese football is like a nouveau riche without a soul. It is really sad to see dozens of senior officials, referees and players of the Football Association go in. At the same time, I feel that this will trouble Chinese football. Years of unhealthy trends will be greatly reversed. However, if we do not explore the establishment of a healthy football management system and operating mechanism, there will be new Zhou Weixin emerging in an endless stream." Yang Zuwu recalled that at the time, stimulated by the referee's black whistle, the team was angry. To the extreme. If you continue to play, you are worried that the players will lose their minds, leading to unforeseen vicious events and even worse effects. At the same time, we also want to fight the black whistle in such a fierce way. The black whistles should think about it, for the sake of tens of thousands and hundreds of thousands, you disrupt fair competition and fool fans. Today, a club spends less than tens of millions a year, or more than 100 million yuan, completely controlled by their behavior. Some clubs lost tens of millions because they were downgraded. What is their conscience and morality. Of course, a strike is indeed not a proper method, and I hope to understand it when it happens in that environment. "

杨租乌,谁罢工这一年,说周伟新被拘留后:“中国足球就像是一个暴发户没有灵魂这实在是难过,看到数十名高级官员,裁判以及足协的玩家进去。同时,我认为这将困扰中国足球,多年的不健康趋势将大为扭转,但是,如果不探索建立健康的足球管理体系和运行机制,就会出现新的周卫新。无休止的溪流。”杨祖武回忆说,当时在裁判的黑哨的刺激下,球队很生气。到了极点。如果您继续玩游戏,您会担心玩家会失去理智,从而导致无法预料的恶性事件甚至更糟的后果。同时,我们也想以如此猛烈的方式来打击黑哨。黑哨应该考虑一下,为了成千上万的缘故,您打乱了公平竞争和傻瓜迷。如今,一个俱乐部一年的开支不到几千万,即超过一亿人民币,完全由他们的行为所控制。一些俱乐部因为降级而损失了数千万。他们的良心和道德是什么。当然,罢工确实不是适当的方法,我希望在这种环境下发生时能理解它。 ”

After learning about Zhou Weixin’s sentence, Xu Yunlong, the captain of the Guo’an team, said: “That scene is indeed annoying and deceiving. The incident has been many years and the law has imposed sanctions on him. I only hope that he will reform in prison and he will be used to it. , Don’t be bullied inside, don’t let the prison tyrant bully..."

国安队队长徐云龙得知周维新的判决后说:“那场面确实令人讨厌和欺骗。这件事已经发生多年了,法律对他施加了制裁。我只希望他能在监狱中改革,并习惯于他。 ,不要在里面被欺负,不要让暴君欺负……”

A football leader from Guangdong and I had a meeting in Fujian the year before and asked about Zhou Weixin’s current situation. The leader said that Zhou Weixin had no brains, so the pressure was not great. He would not cry bitterly in court, nor would he regret that his future was interrupted. He will not end up depressed like Gong Jianping. He still has a certain reputation in the Guangdong football industry. He plays football, drinks and whistles with some small and medium-sized enterprises on weekdays, and spends a happy football life. (Finish)

我和来自广东的一名足球领袖于一年前在福建举行了一次会议,询问了周维新的现状。这位负责人说,周维新没有头脑,所以压力不大。他不会在法庭上痛苦地哭泣,也不会为自己的前途被打扰而后悔。他不会像龚建平那样沮丧。他在广东足球界仍然享有一定的声誉。他在工作日与一些中小企业踢足球,喝酒和吹口哨,过着幸福的足球生活。 (完)

(This article is "Review of those things about Chinese sports" 11)

(本文是“中国体育的回顾” 11)

 
 
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