【新唐人2013年08月27日讯】中共前重庆市委书记薄熙来的庭审，周一进行了法庭答辩。公诉人指称，被告拒不认罪，不具有法定从轻处罚情节。薄熙来在五天的庭审当中全盘否认指控，令以为庭审只是走过场的国内外观众大感意外。观察家指出，薄熙来抓住当局不敢治他重罪，只敢提轻罪的软肋进行反击，令中共面临难题。分析认为，当局要么轻罪重判，要么抛出重罪制服薄熙来。
在周一刚刚发布的薄熙来庭审辩论的现场实录中，公诉人的辩论意见宣称，薄熙来的犯罪事实是客观的，认定犯罪事实是以全案证据为依据，而不是以薄熙来的口供为依据。此外，公诉人还提请法庭注意：“被告人罪行极其严重，又拒不认罪，不具有法定从轻处罚情节，必须依法从严惩处。”
一直关注薄熙来案的前国务院秘书俞梅荪观察指出，在法庭上的抗辩当中，牵扯出的一些严重罪行，法官予以忽略了。比如，辩护人提到海伍德索要1400万中介费，按照行规，这个项目本身的盈利就是多少个亿了。
俞梅荪认为，现在法庭纠缠的只是区区两千万的受贿和五百万的贪污，更没有去触及活体摘取器官，以及薄熙来跟周永康合谋政变的罪行。
前国务院秘书俞梅荪：“他的重罪本身是六宗罪，包括政变罪，包括活摘器官买卖罪，那都是大罪。大罪涉及到中共本身的合法性。那么为了摆脱对中共本身合法性造成的威胁，那么大事化小。简单的起诉一些无关紧要的很轻的经济犯罪。本身是一个交易。”
俞梅荪分析说，薄熙来抓住当局不敢触及重罪的软肋，因此在法庭上来了个全面翻供。前国务院农村发展研究中心研究员姚监复则认为，薄熙来无论如何翻供都翻不了案。
前国务院农村发展研究中心研究员姚监复：“绝对不会，早都下了结论了。没开庭的时候共产党宣判书都通过了。这个都是演戏。按既定的剧本演这么一场戏而已，给老百姓看看，给外国人看看，给你们这些记者看看。”
姚监复也表示，虽然薄熙来翻供，但是中共跟他之间还是有协议的，那就是不去触及真正的大罪，而只限于贪污受贿的小罪。整个薄熙来的大案仅仅处理了九牛一毛而已。
姚监复：“他要是抓人、要是夺权、要是搞文革路线，那比这个贪污受贿罪名要重得多。所以现在对他整个犯的罪里面，取了个最轻的罪名。这无所谓，再重也是轻罪。因为没有从政治上批他。温家宝说的文革路线没有动，他要搞权力斗争想进常委，这些事情没有动。”
俞梅荪认为，薄熙来进行自辩，而公诉方的证据又不是很扎实。因此现在当局面临两个选择，一个是轻罪重判，一个是拿出重罪来起诉他。
俞梅荪：“也许当局就强硬的按照原来的部署还是按轻罪重判，就强行判他结案。也许随着细节不断曝光，很难做下去，迫使当局重新把他的大罪搞出来，如果这样搞，就是新的博弈了。”
俞梅荪观察，薄熙来内心并不怕当局曝光他的大罪。
俞梅荪：“比如活摘器官也好，政变也好，不是他个人行为，他是一个组织行为，他不怕把大家拉下水的。不是他一个人的事。活摘器官有上级批准的。它整个是一个系统的犯罪，一个政府行为的违法。所以他不怕把大家拉下水。”
薄熙来在最后陈述中透露，自己在中纪委调查的时候认罪，是希望保留党籍，保留他的政治生命。
此前北京律师莫少平告诉《新唐人》，中纪委在调查北京市副市长刘志华案件的时候，也给予他若干承诺，利诱他招供，但是之后并未履行承诺，还是将刘志华移交司法机关。因此刘志华庭上大翻供，跟薄熙来的案件极其相似。
采访编辑/秦雪 后制/钟元
Bo Xilai Trial: Chinese Regime Stuck Between Two Options
The trial of Bo Xilai, Chongqing’s former Party
Secretary, entered into a plea process on August 26.
The prosecutor alleged that Bo has pleaded not
guilty, but cannot be given a lenient sentence.
At the 5-day trial, Bo denied all charges against him.
This has surprised the public in China and
overseas as they initially believed the trial
would just go through the motions.
Observers say that Bo has grasped the soft rib
of the Chinese Communist Party(CCP) authorities.
Bo fought back and challenged the CCP in court,
as he knew the CCP dared not expose his felonies.
The CCP is now stuck between two options.
They have the option to give heavy sentences against
minor charges, or to a file felony indictment to conquer Bo.
At the trial held on August 26, the prosecutor argued
that criminal charges against Bo Xilai were all based
on evidence, instead of on his verbal confessions.
The prosecutor stated,"the defendant has committed
extremely serious crimes, but resisted, denying guilt.
So it would not be fit to give him lenient sentences.
He must be severely punished according to the law."
Yu Meisun, former secretary at
the State Council, commented.
The plea has exposed some of Bo’s serious
offences, but these were ignored by the judge.
For example, the defendant said that Neil Heywood had
charged 14 million Yuan as intermediary fees on a project.
Market pricing showed that the project’s
profit reached hundred of millions Yuan.
Yu says, Bo has now only been charged with taking
20 Million Yuan in bribes, and corruption 5 Million Yuan.
The indictment did not cover Bo’s involvement in live organ
harvesting, not his military coup attempt with Zhou Yongkang.
Yu Meisun: “He’s committed six felonies,
including the military coup attempt, live
organ harvesting, and body trafficking.
These felonies touch upon the CCP’s political legitimacy.
In order to reduce threats to the CCP’s
legitimacy, Bo’s crimes were minimized.
Bo has only been prosecuted with minor
economic crimes, and that in itself is the deal."
Yu Meisun says that Bo Xilai has grasped the CCP’s
soft ribs, which is they are avoiding exposing Bo’s crimes.
Thus at his trial, Bo recanted all of his confessions.
Former government researcher, Yao Jianfu, believes
that Bo has no way to truly reverse the verdict.
Yao Jianfu: “He cannot make it, absolutely.
Before the trial was held, the CCP had
already passed through the verdict.
The whole trial was just an act, following a script.
It was a show for the civilians,
foreigners, and you journalists."
Yao Jianfu continues that although Bo recanted
his confession, he reached agreements the CCP.
That is, evading his real felonies by charging him with
some minor offenses, such as corruption and bribery.
The entire trial has only charged Bo with very
minor offences, like a drop of water in a bucket.
Yao Jianfu: “His killing, coup plot or reviving the
brutality of the Cultural Revolution, all these
are more serious than corruption and bribery.
Now he was given the most lenient charges.
He was not charged with offences
of taking a Cultural Revolution line.
Nor was he charged with his attempt to seize power."
Yu Meisun says that Bo has made a speech for self
defense, whilst the prosecutor’s evidence is not solid.
The CCP authorities are now stuck between two options.
One is to give a heavy sentence against the charges,
the other is filing new felony charges against Bo.
Yu Meisun:"Perhaps the authorities
may still follow the original plan.
That is, giving Bo a heavy penalty against minor
criminal charges, and then forcibly closing the case.
With more details exposed, this might be hard to do.
It may force the authorities to make his crimes public.
But this would initiate a new internal battle within the CCP."
Yu Meisun thinks that Bo Xilai does
not fear being exposed for his crimes.
Yu Meisun: “No matter if it is live organ harvesting,
or a coup attempt, nor be it his personal behavior.
They were committed by an organization of people.
He doesn’t fear exposing all the people involved.
Live organ harvesting was approved by superiors.
It is a systematic crime, a violation of
international law committed by the CCP.
That’s why he doesn’t fear exposing those involved."
In his closing statement at the trial, Bo Xilai said that
when investigated by the Central Discipline Inspection
Commission (CDIC), he had admitted his guilt.
This was to retain his CCP membership,
as well as his political body and soul.
Beijing lawyer Mo Shaoping has previously spoken
of the Liu Zhihua case with NTD television.
Liu was Beijing’s former Vice-Mayor,
and his confession was coaxed during
being investigated by the CDIC.
Later, the CDIC did not fulfill the promises they
made to Liu, but took legal action against him.
Liu thus recanted his confession in court,
which was very similar to Bo Xilai’s actions.
