Why the lawyer's defense of Zhou Weixin's innocence was not accepted by the court
——Who is the "whistleblower" of the black whistle in Chinese football? (Seven)
10. Why the lawyer's defense of Zhou Weixin's innocence was not accepted by the court
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.
But the court basically cannot accept the lawyer's defense of innocence.
In mid-February 2012, the Intermediate People's Court of Dandong City made a judgment of first instance.
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.
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.
The verdict is as follows:
—— 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.
Zhou Weixin said immediately that he pleaded guilty and accepted the sentence and no longer appealed.
11. The parties to the strike talk about Zhou Weixin
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. "
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..."
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)
(This article is "Review of those things about Chinese sports" 11)