【新唐人2013年06月11日訊】轟動全中國的原鐵道部部長劉志軍受賄、濫用職權案,9號上午在北京開審,3個半小時就匆匆結束。評論人士指出,官方透露的信息,劉志軍可能不會被判死刑。儘管按照中共的《刑法》規定,受賄十萬元以上,最高刑期是死刑。
檢方在起訴書中用了4個「特別」來形容劉志軍案的性質:「非法收受他人財物,數額『特別』巨大,情節『特別』嚴重……致使公共財產、國家和人民利益遭受『特別』重大損失,情節『特別』嚴重。」
不過,如此「特別」重大的部長級官員受賄、濫用職權案,僅半天就審理完畢。而且,在法庭辯論階段,檢方竟然首先提出對劉志軍「可以從輕判決」。劉志軍本人也得到機會「聲淚俱下」的念出寫好的悔過書,言辭中緊跟潮流,提及了習近平的「中國夢」。
旅美中國社會問題研究人士張健:「中國的這幾大部委,的確是『牽一髮動全身』的一個機構。那可能還是體制內,對劉志軍有一個保護。對於劉志軍來説,拿下他,打的是個大老虎,但是能給劉志軍一個在庭上還念悔過書的機會,可能在下面也達成一些幕後的交易。」
檢方指控,劉志軍於1986年至2011年間,非法受賄6460萬5千4百元,另外他在任職期間徇私舞弊,涉嫌濫用職權罪。而他涉嫌玩弄多名女性的問題,則沒有提及。
很多網民質疑劉志軍受賄金額的真實性。《法新社》也用嘲諷的口吻說,劉志軍的貪腐罪行動輒上億,他所掌管的有法庭、有警察的獨立王國—-鐵道部,一手遮天的狀況下,貪腐只有區區幾千萬。
劉志軍的辯護律師在庭上作了輕罪的辯護,同時檢方在庭審時首先表示:劉志軍「主動坦白」,「可以從輕判決」。對此,網民在微博上發出怒吼。
網友「揀盡寒枝不肯棲911」說:強盜邏輯!高鐵是劉志軍的產物?國家發展規劃是劉一人所為嗎?如沒大貪,慘案抑或能免!功過能相抵嗎?
而網友「莫之時代」說:這個主動坦白就不甚明瞭,是他在山東火車對撞事故中主動辭職?或者是在中紀委調查以前投案自首?
除了這次短暫庭審中透露出來的信息,也有一些國內媒體的報導,給劉志軍包裝上另外一種形象。例如,針對他玩弄多名女性的問題,《新京報》之前說,劉的妻子表示他每晚都回家吃飯。而針對這次庭審的報導,《新華社》,《央視》也花大筆墨形容他「聲淚俱下」的反悔。
評論人士指出,官方暗示的這些信息,都顯示出:可能不會判劉志軍死刑。儘管按照中共刑法規定,受賄十萬元以上,最高刑期是死刑。
張健:「按照現在情況來看的話,劉志軍應該是不會被判處死刑。可能會判處有期,或者死緩的可能性比較大。中國的司法就是這樣。我們認為,中國的司法它從來就不是公開的,也不是透明的,它更不是公正的。它只是在共產黨手中操縱的一種工具。」
據了解,中國大陸在這幾年的官員貪污案例中,受賄幾百萬、幾千萬,甚至過億元的,也很少有被判死刑立即執行者,例如中石化原董事長陳同海,貪污受賄的款項超過人民幣1億9千萬,也只是判了一個死緩。
劉志軍在擔任鐵道部長期間,「大躍進」式的擴建中國鐵路,建設高鐵,造成鐵路交通事故頻發,鐵道部債臺高築,公信力降到歷史最低谷。 2008年「4.28」膠濟鐵路特別重大交通事故、2011年「7.23」甬溫線特別重大交通事故,都發生在他任職期間。
採訪/常春 編輯/尚燕 後製/李勇
Short Trial of Liu Zhijun Triggers Public Anger in China
China’s ex-railways minister Liu Zhijun
went on trial on June 9 in Beijing.
Liu was charged with bribery and abuse of power,
and sources said the trial only lasted three hours.
Commentators said that from official sources,
Liu is unlikely to receive the death penalty.
According to the Chinese Communist Party’s (CCP)
criminal law procedure, the heaviest sentence for
taking bribes over 100,000 yuan, is the death penalty.
The indictment said that the circumstances
surrounding Liu’s charges were “especially serious”.
They included illegally accepting a
large amount of other people’s property.
Liu’s malpractice led to a huge loss of public assets,
and damage to the interests of the state and people.”
However, the trial only took half a day to
finish, for such a serious ministerial-level
official involved in bribery and abuse of power.
In addition, during the court debate, the prosecution
unexpectedly proposed first to give Liu a lenient sentence.
Then Liu read out his confession with tears, also
mentioning Xi Jinping’s “China Dream in his statement.
Zhang Jian, US-based Chinese social affairs researcher:
“These major ministries like saying “one
part can affect the situation as a whole”.
Thus the outcome of Liu’s trial may be
a protection for him from internal means.
Regarding Liu Zhijun’s arrest,
the purpose was to catch “big tigers”.
However, Liu had a chance to read out confession in court,
and likely had negotiation and agreement behind the scenes.”
According to the indictment, Liu accepted 64.6 million
Yuan ($10.5 million) in bribes between 1986 and 2011.
Liu was accused with abuse of power
and corruption during his tenure.
Liu was also suspected of having improper relations
with several women, which wasn’t mentioned in court.
Many netizens questioned the true
amount of money that Liu has taken.
Agence France-Presse said that Liu easily
took bribes of several hundreds million yuan.
Under his management, the railway ministry
has an independent court and police system.
Would it be possible Liu only received
bribes of several tens of millions?
Liu’s lawyer debated in court for Liu to get a light sentence.
The prosecution said that Liu had “initiative to
confess” and requested to “give a lenient sentence.”
In this regard, there was fierce
outcry from netizens on microblogs.
One netizen posted that this was gangster logic!
Was the high-speed rail not a product of Liu?
Was the national development plan done by Liu himself?
If no one took huge bribes, the high-speed rail
tragedy could possibly have been avoided.
Can these achievements and mistakes be balanced off?
『Netizen@mo’s era’ said that
Liu’s confession isn’t clear enough.
Did Liu resign after the accident
of the Shangdong trains collision?
Or did Liu use initiative to confess to the police before Central
Commission for Discipline Inspection began the investigation?
Despite some information from Liu’s quick
trial, some media in Mainland China reported
that Liu has been given a new image.
For example, regarding his improper relationship
with several women, Beijing News cited Liu’s
wife that Liu goes home for dinner every night.
Xinhua News Agency and China’s Central
TV emphasized in high-profile reports
about Liu’s tearful heartfelt confession.
Commentators said that this official information
hints that Liu is unlikely to be sentenced to death,
although he should be according to the CCP law.
Zhang Jian: “Under the current situation,
Liu Zhijun will not be sentenced to death.
He may be sentenced to imprisonment, or more likely a
suspended death penalty. China’s judicial is just like this.
I think China’s judicial system has never
been transparent or open, nor has justice.
It is only a tool which is manipulated by the CCP.”
Sources said that in many corruption cases
involving officials, it is rare to see them being
sentenced to death for immediate effect.
Even if they took bribes of several million
to well over hundreds of millions in cash.
For example, the former Chairman of Sinopec,
Chen Tonghai took bribes of 190 million Yuan.
Chen has only been sentenced with a suspended death penalty.
During Liu Zhijun’s tenure as railways minister,
he ordered the expansion of China’s railways.
He also ordered construction of the high-speed railway.
This resulted in frequent rail accidents, and
high debt within the ministry of railways.
Their public credibility has dropped
to the lowest level in the CCP’s history.
The train accidents in Shandong on April 28, 2008, and
in Wenzhou on July 23, 2011, happened during his term.