【新唐人2013年08月24日讯】中共前重庆市委书记薄熙来在第一天的庭审当中当场翻供，否认受贿，令全世界都大跌眼镜。此前外界广泛相信，当局已经跟薄熙来之间达成协议，因此才会公开审理。那么薄熙来翻供，究竟是原本计划的一部分，还是薄熙来的意外之举？观看审薄大戏的中外观众展开热烈的讨论。我们来看律师界的分析。
中共周四开始公审薄熙来案。薄熙来被指控贪污、受贿和滥用职权三项罪行。在周四的庭审中，薄熙来否认了所有对他的受贿指控。他对接受唐肖林110多万元贿赂的指控表示否认，并称向中纪委承认受贿是违心的。薄熙来也坚决否认接受大连实德徐明的2000多万元贿赂。
曾经担任过原北京市副市长刘志华辩护律师的北京律师莫少平，向《新唐人》透露，刘志华案跟薄熙来这个案子特别类似。
莫少平律师：“当然我也问过他（刘志华）：‘你这以前曾经亲笔写过承认这些事情，同时也是做过一些笔录，你是承认的，为什么现在全翻了？刘志华当时的回答说，当时中纪委纪检部门找他谈话的时候，是承诺了很多事情。但是最后他承认了以后，他认为纪检部门没有兑现他的承诺。”
2008年10月18号刘志华被认定受贿近700万元，被判死缓。
莫少平分析认为，薄熙来和中纪委之间很可能也是发生类似的纠葛，让薄熙来以为可以从轻发落，比如免于起诉的希望落空，所以当庭反戈一击。
但是莫少平律师也同时指出，被告认不认罪，对于最后的定罪或量刑不起关键作用。
莫少平律师：“关键作用还是检察机关其它的证据是否充份。你要是事实清楚，证据确凿，你即便是否认，那仍然是可以给你定罪的。而且还可能说你态度不好，甚至按法律规定因为你认罪态度不好，可能还对你刑期加重。”
山东刑事辩护律师陈律师则认为，薄熙来的案子翻不了，肯定会被定罪。
山东刑事辩护律师陈律师：“一定要定。他两个原因。第一个，他本人在纪委的时候曾经供过。第二，每起都有两个人以上证人在咬着他。甚至连他老婆谷开来都咬他。这个案子他能翻吗？翻不了的。”
薄熙来翻供究竟是写好的脚本其中一部分，还是薄熙来意外的发飙？CNN报导说，目前尚不清楚薄当庭否认罪行，是否是出乎中共当局的意外，但是薄熙来所有的这些表态都在法院的微博上被公布出来，这对于法庭透明度一向不高的中共法庭非常罕见，好像法院对此胸有成竹。
陈律师认为，当局早就知道薄熙来要翻供。
山东刑事辩护陈律师：“为什么呢？如果原来就达成协议的话，检察官和律师不可能准备的那么细腻。法官的审理提纲也是很细的。这只有在薄熙来不承认的情况下，翻供的情况下，控审辩三方才有必要把提纲准备的那么细。”
美国克莱蒙特•麦肯纳学院政治学教授裴敏欣在美国《华尔街日报》发表评论说，薄熙来不认罪的态度可以解读为是想保持政治生命力，以后还可能卷土重来。而且，这也可能说明薄熙来背后有现任或退休高官的一些支持。
陈律师观察认为，薄熙来翻供是为在支持者面前维护自己的形象。
陈律师：“滥用职权他觉得对他人格影响不大。受贿这块他认为对追捧他的群众，他是很掉价很不光彩的一件事情。所以即使法院不接受他的翻供意见，他翻了，也能让他的追捧者好一些。面子上能够更好一些。”
陈律师分析说，从第一天的庭审情况来看，如果薄熙来不翻供，当局或许判十几年二十年左右﹔如果薄熙来翻供，态度很不好，那有可能要判无期。
采访编辑/秦雪 后制/萧宇
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.
