【新唐人2013年08月24日訊】中共前重慶市委書記薄熙來在第一天的庭審當中當場翻供，否認受賄，令全世界都大跌眼鏡。此前外界廣泛相信，當局已經跟薄熙來之間達成協議，因此才會公開審理。那麼薄熙來翻供，究竟是原本計劃的一部分，還是薄熙來的意外之舉？觀看審薄大戲的中外觀眾展開熱烈的討論。我們來看律師界的分析。
中共週四開始公審薄熙來案。薄熙來被指控貪污、受賄和濫用職權三項罪行。在週四的庭審中，薄熙來否認了所有對他的受賄指控。他對接受唐肖林110多萬元賄賂的指控表示否認，並稱向中紀委承認受賄是違心的。薄熙來也堅決否認接受大連實德徐明的2000多萬元賄賂。
曾經擔任過原北京市副市長劉志華辯護律師的北京律師莫少平，向《新唐人》透露，劉志華案跟薄熙來這個案子特別類似。
莫少平律師：「當然我也問過他（劉志華）：『你這以前曾經親筆寫過承認這些事情，同時也是做過一些筆錄，你是承認的，為甚麼現在全翻了？劉志華當時的回答說，當時中紀委紀檢部門找他談話的時候，是承諾了很多事情。但是最後他承認了以後，他認為紀檢部門沒有兌現他的承諾。」
2008年10月18號劉志華被認定受賄近700萬元，被判死緩。
莫少平分析認為，薄熙來和中紀委之間很可能也是發生類似的糾葛，讓薄熙來以為可以從輕發落，比如免於起訴的希望落空，所以當庭反戈一擊。
但是莫少平律師也同時指出，被告認不認罪，對於最後的定罪或量刑不起關鍵作用。
莫少平律師：「關鍵作用還是檢察機關其它的證據是否充份。你要是事實清楚，證據確鑿，你即便是否認，那仍然是可以給你定罪的。而且還可能說你態度不好，甚至按法律規定因為你認罪態度不好，可能還對你刑期加重。」
山東刑事辯護律師陳律師則認為，薄熙來的案子翻不了，肯定會被定罪。
山東刑事辯護律師陳律師：「一定要定。他兩個原因。第一個，他本人在紀委的時候曾經供過。第二，每起都有兩個人以上證人在咬著他。甚至連他老婆谷開來都咬他。這個案子他能翻嗎？翻不了的。」
薄熙來翻供究竟是寫好的腳本其中一部份，還是薄熙來意外的發飆？CNN報導說，目前尚不清楚薄當庭否認罪行，是否是出乎中共當局的意外，但是薄熙來所有的這些表態都在法院的微博上被公布出來，這對於法庭透明度一向不高的中共法庭非常罕見，好像法院對此胸有成竹。
陳律師認為，當局早就知道薄熙來要翻供。
山東刑事辯護陳律師：「為甚麼呢？如果原來就達成協議的話，檢察官和律師不可能準備的那麼細膩。法官的審理提綱也是很細的。這只有在薄熙來不承認的情況下，翻供的情況下，控審辯三方纔有必要把提綱準備的那麼細。」
美國克萊蒙特•麥肯納學院政治學教授裴敏欣在美國《華爾街日報》發表評論說，薄熙來不認罪的態度可以解讀為是想保持政治生命力，以後還可能捲土重來。而且，這也可能說明薄熙來背後有現任或退休高官的一些支持。
陳律師觀察認為，薄熙來翻供是為在支持者面前維護自己的形象。
陳律師：「濫用職權他覺得對他人格影響不大。受賄這塊他認為對追捧他的群眾，他是很掉價很不光彩的一件事情。所以即使法院不接受他的翻供意見，他翻了，也能讓他的追捧者好一些。面子上能夠更好一些。」
陳律師分析說，從第一天的庭審情況來看，如果薄熙來不翻供，當局或許判十幾年二十年左右﹔如果薄熙來翻供，態度很不好，那有可能要判無期。
採訪編輯/秦雪 後製/蕭宇
Bo Xilai Denies Charges During Trial: Planned or Unexpected?
Chongqing Party Secretary Bo Xilai denied charges
of bribery as his trial opened in Jinan, China.
Bo’s response seemed to shock the world.
Prior to this, observers widely believed that an agreement
had been reached between Bo Xilai and the authorities.
This is why it was thought the authorities
had decided to open the trial to the public.
Was Bo’s act of denial a part of the
agreement or an unexpected move?
This has aroused hot discussions at home and abroad.
Let’s take a look at analysis from our legal experts.
Bo Xilai’s trial opened on August 22.
Bo has been accused of bribery,
corruption, and abuse of power.
Bo fought back, denying bribery
charges on the opening day in court.
Bo denied having accepted 1.1 million Yuan
($179,000) of bribes from Tang Xiaolin.
Bo claimed that during the Central Commission for
Discipline Inspection’s (CCDI) investigation, he
had “unwillingly” admitted taking bribes from Tang.
Bo has also denied Xu Ming had given him
more than20 million Yuan ($3.27m) in bribes.
Beijing lawyer Mo Shaoping, who was a trial lawyer
for former Vice Mayor Liu Zhihua case spoke to NTD.
The Liu Zhihua case is very similar to the Bo Xilai case.
Mo Shaoping: “I asked Liu that he write down what he
did, and admit charges, so why did he later deny them?
Liu answered that he admitted many
issues when the CCDI talked to him.
However, Liu said he found CCDI
didn’t keep promise at their end.”
On Oct. 18, 2008, Liu Zhihua was charged
with accepting 7 million Yuan in bribes.
He was sentenced with a suspended death penalty.
Mo Shaoping considers that Bo Xilai and CCDI
might have been through this similar practice.
Bo may think he can be lightly sentenced,
and gain such immunity from prosecution.
Thus, Bo is fighting back against charges in court.
Mo said that Bo had denied his guilt, but it doesn’t
play any important role towards his final sentence.
Mo Shaoping: “The important role is
whether court has enough evidence.
If they hold facts and clear evidence, even Bo’s denial
of allegations doesn’t mean the court will acquit him.
The court also might say that Bo had a bad attitude,
according to the law, if he didn’t act honestly in court.
He may receive a heavier sentence.”
Lawyer Chen from Shandong said that Bo couldn’t
overturn a verdict, and certainly will be sentenced.
Lawyer Chen: “He will definitely be sentenced.
He admitted his guilt in front of the CCDI, and more than
two witnesses provided testimonies for each accusation.
Even Bo’s wife Gu Kailai was against him.
Can he overturn the case? No chance.”
Had Bo Xilai’s reaction in court been
planned or was it an unexpected incident?
CNN reported that it wasn’t immediately clear whether
Bo’s denial of charges was an unexpected development.
However, the court’s publication of Bo’s comments
suggested that authorities were comfortable it.
Lawyer Chen said that the authorities had
expected Bo would deny charges in court.
Lawyer Chen: “Why is that? If the agreement between
Bo and authorities had been reached earlier, the judges
and lawyers won’t prepare so much detailed information.
The outline of the trial was prepared.
Because the court expected Bo to go against his
charges, all prosecution parties were fully prepared.”
Professor Pei Minxin of Claremont Mckenna College,
published comments to The Wall Street Journal.
Pei said that Bo denied all the charges.
It can be interpreted that he wants to preserve
his political viability for a possible future come-back.
It might also suggest that Bo continues to have
some support from current or retired senior officials.
Lawyer Chen believes that Bo’s denial in court
is to maintain his images for his supporters.
Lawyer Chen: “Bo thought his abuse
of power won’t affect his personality.
Regarding to taking bribery, Bo might feel
he is losing face in front of his supporters.
Although the court might ignore his denial, he still did
it, so at least his reaction made his supporters feel better.
Thus, he maintained his appearances.”
Lawyer Chen analyzed that, on the first day
of the trial, if Bo accepted the charges, he
might be sentenced to 10-20 years in jail.
If Bo rejected the charges, and was dishonest in
court, he is likely to be sentenced to life imprisonment.
