【新唐人2013年06月14日讯】中共原铁道部部长刘志军庭审结束，等待最后宣判，由于庭审过程中，检察官当庭提出﹕刘志军坦白情节，建议从轻量刑。舆论猜测，刘志军有可能躲过死刑，顶多死缓。也有法律界人士指出，检方对刘志军的起诉存在巨大的法律漏洞，说明当局明显有意为刘志军开脱。
6月9号上午9点半，刘志军被控受贿、滥用职权案，在北京市第二中级人民法院开庭审理，法庭上，检方提出﹕刘志军坦白情节、滥用职权造成的损失和受贿赃款基本已挽回，可从轻处罚。当天中午12点，审判长宣布休庭，但没有当庭宣判。
检方的作法引起了网民和法律界的普遍质疑，刘志军是否被判死刑成为了舆论焦点。
有人提出，刘志军案涉及面广，为何庭审只用了3个半小时﹖刘志军辩护人表示，因为庭前，当局已经在刘志军所在的“秦城监狱”开过会议。
大陆律师唐吉田：“从现在已经报导出来的消息，他们开了一个提前的会议，那么是不是有政法委或者是其他的机构在里头去操纵，很值得人们去追问。时间这么短，确确实实让人觉得不可思议。”
大陆律师刘晓原也在微博质问：“本案卷宗多达477本，在3个半小时内，能质证完这些证据吗？证人出庭作证了吗？刘志军案是一起特大经济犯罪案，如此走过场的庭审，法律和司法尊严何在？”
对于刘志军所谓“坦白情节”，有报导指出，刘志军的辩护律师钱列阳在接受采访时表示，刘志军并没有立功表现，也没有任何的检举揭发。
按照中共的《刑法》，贪污十万元可以处以死刑，刘志军涉嫌受贿的金额超过8亿元人民币、收缴的房产有374套，此外，还涉嫌帮助女商人丁书苗非法获利30多亿元。
但是，检方却以赃款基本挽回，作为减轻量刑的理由。舆论认为，这次对刘志军的短暂审判，其实只是走过场。而《美国之音》指出，在许多公众的眼中，当局对刘志军庭审，与其说是审判腐败，不如说是“腐败的审判”。
唐吉田：“如果数额都能够认定，按照他的情节以他对社会危害性，造成的不良影响和损失来讲，按照现行的法律判，死刑应该问题不大。但是，从这次官方指定的辩护人没有说的话，被检方说了，检方强调他的贡献，强调他任内对中国铁路发展的作用，包括他的坦白等等，这些情节来看，我想官方留下他的项上人头，不判处死刑，判处缓期、死刑缓期两年执行的可能性比较大。”
但也有人认为，刘志军不能不死。因为中共无论哪一方，都不会允许他继续活下去。香港《东方日报》指出，中共总书记习近平、和中纪委书记王岐山如果放过刘志军，反腐就全线崩溃，就再没有公信力。法律界人士则认为，身为江泽民派系重臣的刘志军，并不是最大的“老虎”，为了保护他背后更大的势力，刘志军也必须得死。
中国“东南大学”法学教授张赞宁：“我觉得很可能会判死刑，比如，需要保护更大的贪污犯﹔比如，刘志军一个人占用了374套房屋，这374套房屋其实并不是他一个人的。很可能他是帮更大的贪污犯准备的，如果不把他杀掉，那些人可能就睡不好觉了。”
此外，去年，有关部门曾通报﹕刘志军在豪华酒店、及高消费娱乐场所，与丁书苗出资安排的多名女性嫖宿，刘还利用职权与20名女演员发生或保持不正当关系。但是，钱列阳说，中共《刑法》未将“性贿赂”认定为犯罪，检方也没有对刘志军提出这方面的指控。
采访/朱智善 编辑/张天宇 后制/肖颜
A Lighter Sentence for Liu Zhijun? Citizens ask: Where is the Justice
The trial of former Chinese Communist Party (CCP),
Minister of Railways, Liu Zhijun has ended.
Liu now awaits a final verdict. During the trial, the prosecutor
said that since Liu confessed he should get a lighter sentence.
Media speculates that Liu could escape the death penalty;
at the worst, he might get a delayed death sentence.
Some in the legal community say that the prosecution’s case
against Liu has huge legal loopholes, which shows that
the authorities clearly intended to absolve Liu.
At 9:30am on June 9, Liu Zhijun was charged
with bribery and abuse of power.
The trial was held in Beijing’s Second Intermediate
People’s Court. In court, the prosecution proposed:
Liu honestly confessed, and losses from his abuse of power
and the money from his taking bribes have been restored;
he can be punished leniently.
At noon the same day, the presiding judge adjourned
the trial and didn’t give a sentencing in court.
The prosecution’s actions led to questions
from netizens and the legal community.
Whether Liu will be get the death penalty
has become a focus of public opinion.
Some questioned that since Liu’s case involved a wide range
of issues, why was the trial only 3 and half hours?
Liu’s lawyer says it’s because before the trial, the authorities
already had a meeting with Liu in the Qincheng Prison.
Mainland Chinese lawyer, Tang Jitian:
“The recent news reports say they had a pre-meeting.
Then it’s worth asking if there are people from
the Politics and Law Committee or other organizations
manipulating things behind the scenes.
Such a short time indeed makes people feel skeptical.”
Mainland lawyer Liu Xiaoyuan also questioned on Weibo:
“This case has as many as 477 files; can they really
cross-examine all this evidence in three and half hours?
Did the witnesses show up in the court?
Liu’s case is such a serious economic crime,
such a casual trial, where is the legal and judicial dignity?”
As for Liu’s so-called ‘honest confession’, reports point out
that Liu’s defender lawyer Qian Liuyang said when he was
interviewed that Liu made no attempts to come clean at all.
According to the CCP’s “Criminal Law”, corruption involving
100,000 yuan ($16,000) can be sentenced to death penalty.
Liu’s alleged bribery is over 800 million yuan
($130.3 million), and 374 sets of real estate.
Additionally, he’s suspected of helping businesswoman Ding
Shumiao gain more than 3 billion yuan ($488.7 million) illegally.
In spite of that, the prosecution took the return of the
bribe money to be reason enough to reduce the penalty.
Much of the public opinion is that Liu’s short trial
is a case of just going through the motions.
Voice of America points out that many public opinions think
authorities’ treatment of Liu’s trial is actually a ‘corrupt trial’,
rather than a trial for corruption.
Tang Jitian: “If the amount can be verified,
based on his crimes, the danger to the society,
and the adverse impact and losses incurred,
according to the existing law,
it shouldn’t be a big problem to sentence him to death.
Yet in this case, Liu’s defense was given his prosecutors.
They emphasized his contributions, his impact on
the development China’s railways, and his confession.
According to all these actions, I think the authorities might
want to save his head and won’t sentence him to death.
It’s quite possible he’ll be sentenced to probation,
and have his death penalty suspended for two years.”
But others believe that Liu must die.
Because neither side of the CCP will not allow him to survive.
Hong Kong “Oriental Daily News” says that if current
CCP leaders Xi Jingping and Wang Qishan to let go of Liu,
it means the anti-corruption campaign will crumble,
and there will be no credibility.
Some in the legal community say that, as a minister of
the Jiang Zemin faction, Liu isn’t the biggest “tiger”.
In order to protect the bigger forces behind him,
Liu must die.
China “Southeast University” law professor Zhang Zanning:
“I think he’ll get the death penalty in order to, for example,
protect greater embezzlers.
For instance, Liu himself has 374 sets of real estate,
these real estates are not only his, they are probably
prepared for the greater embezzlers.
If Liu doesn’t die, those people can’t sleep well.”
In addition, last year, related authorities were notified:
Liu was in luxury hotels, and high consumption entertainment places,
with many prostitutes who were arranged by Ding Shumiao.
Liu also abused power to have or
keep illicit relationships with 20 actresses.
However, Qian Liuyang says the CCP “Criminal Law”
doesn’t recognize “sex bribes” as a crime.
The prosecution didn’t lay charges for this either.
