【新唐人2013年06月14日訊】中共原鐵道部部長劉志軍庭審結束，等待最後宣判，由於庭審過程中，檢察官當庭提出﹕劉志軍坦白情節，建議從輕量刑。輿論猜測，劉志軍有可能躲過死刑，頂多死緩。也有法律界人士指出，檢方對劉志軍的起訴存在巨大的法律漏洞，說明當局明顯有意為劉志軍開脫。
6月9號上午9點半，劉志軍被控受賄、濫用職權案，在北京市第二中級人民法院開庭審理，法庭上，檢方提出﹕劉志軍坦白情節、濫用職權造成的損失和受賄贓款基本已挽回，可從輕處罰。當天中午12點，審判長宣佈休庭，但沒有當庭宣判。
檢方的作法引起了網民和法律界的普遍質疑，劉志軍是否被判死刑成為了輿論焦點。
有人提出，劉志軍案涉及面廣，為何庭審只用了3個半小時﹖劉志軍辯護人表示，因為庭前，當局已經在劉志軍所在的「秦城監獄」開過會議。
大陸律師唐吉田：「從現在已經報導出來的消息，他們開了一個提前的會議，那麼是不是有政法委或者是其他的機構在裡頭去操縱，很值得人們去追問。時間這麼短，確確實實讓人覺得不可思議。」
大陸律師劉曉原也在微博質問：「本案卷宗多達477本，在3個半小時內，能質證完這些證據嗎？證人出庭作證了嗎？劉志軍案是一起特大經濟犯罪案，如此走過場的庭審，法律和司法尊嚴何在？」
對於劉志軍所謂「坦白情節」，有報導指出，劉志軍的辯護律師錢列陽在接受採訪時表示，劉志軍並沒有立功表現，也沒有任何的檢舉揭發。
按照中共的《刑法》，貪污十萬元可以處以死刑，劉志軍涉嫌受賄的金額超過8億元人民幣、收繳的房產有374套，此外，還涉嫌幫助女商人丁書苗非法獲利30多億元。
但是，檢方卻以贓款基本挽回，作為減輕量刑的理由。輿論認為，這次對劉志軍的短暫審判，其實只是走過場。而《美國之音》指出，在許多公眾的眼中，當局對劉志軍庭審，與其說是審判腐敗，不如說是「腐敗的審判」。
唐吉田：「如果數額都能夠認定，按照他的情節以他對社會危害性，造成的不良影響和損失來講，按照現行的法律判，死刑應該問題不大。但是，從這次官方指定的辯護人沒有說的話，被檢方說了，檢方強調他的貢獻，強調他任內對中國鐵路發展的作用，包括他的坦白等等，這些情節來看，我想官方留下他的項上人頭，不判處死刑，判處緩期、死刑緩期兩年執行的可能性比較大。」
但也有人認為，劉志軍不能不死。因為中共無論哪一方，都不會允許他繼續活下去。香港《東方日報》指出，中共總書記習近平、和中紀委書記王岐山如果放過劉志軍，反腐就全線崩潰，就再沒有公信力。法律界人士則認為，身為江澤民派系重臣的劉志軍，並不是最大的「老虎」，為了保護他背後更大的勢力，劉志軍也必須得死。
中國「東南大學」法學教授張讚寧：「我覺得很可能會判死刑，比如，需要保護更大的貪污犯﹔比如，劉志軍一個人佔用了374套房屋，這374套房屋其實並不是他一個人的。很可能他是幫更大的貪污犯準備的，如果不把他殺掉，那些人可能就睡不好覺了。」
此外，去年，有關部門曾通報﹕劉志軍在豪華酒店、及高消費娛樂場所，與丁書苗出資安排的多名女性嫖宿，劉還利用職權與20名女演員發生或保持不正當關係。但是，錢列陽說，中共《刑法》未將「性賄賂」認定為犯罪，檢方也沒有對劉志軍提出這方面的指控。
採訪/朱智善 編輯/張天宇 後製/肖顏
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.
