【新唐人2013年10月17日訊】備受輿論關注的「冀中星機場爆炸案」，日前在北京法院宣判。儘管得到了來自各方的同情和理解，但冀中星依然被中共當局以「爆炸罪」判處有期徒刑6年。他的辯護律師劉曉原認為，當局對冀中星量刑過重，完全沒有考慮冀中星犯案的根本原因。目前，冀中星的家人已經決定上訴，並在近期起訴廣東省公安廳。

10月15號，北京朝陽區法院一審判決冀中星構成「爆炸罪」，判處有期徒刑六年。

冀中星的代理律師劉曉原認為，冀中星的行為是「過失爆炸」，並不構成「爆炸罪」。

北京律師 劉曉原：「冀中星不是故意到機場去製造爆炸案的，他只是去喊冤，拿著爆炸物只是要引起關注，警察叫他放下來的過程中，不小心引爆，所以我們認為，他是過失爆炸。過程都有監控錄像的，這個沒錯，這個都有的。」

冀中星在庭審中表示，事發時，他怕警察搶爆炸物，因此把自製的「炸藥」從左手換到右手，結果不小心碰觸到了機關，實際上他完全沒有想到要引爆，也沒有想過自殺。

按照《刑法》第一百一十四條的規定，「爆炸罪」尚未造成嚴重後果的，判處三年以上、十年以下有期徒刑﹔而「過失爆炸」的，判處三年以上、七年以下有期徒刑，情節較輕的，判三年以下有期徒刑或拘役。

雖然法院表示，在量刑時予以從輕處罰。但劉曉原對法官「輕判」這一說詞卻不認同，他指出，即便法官認定冀中星「爆炸罪」成立，6年的量刑也過重。劉曉原認為，法庭在判決中，完全迴避了案件的作案動機及起因。

劉曉原：「冀中星是當年被毆打致殘，八年得不到解決，才走上這樣的絕路的。所以法院對這個案件的起因都沒有考慮，我們認為，這樣判決是不公的，家屬也是這樣的觀點。」

冀中星2005年在廣東打工期間，因為騎摩托車搭載了一位乘客，被治安隊員用鋼管毆打致殘，此後多年裡，冀中星多次報警、投訴、上訪、訴訟，冤情卻一直沒有得到解決。走投無路之下，冀中星才決定不再走所謂正常途徑去申訴冤情。

今年7月20號，冀中星坐著輪椅在首都機場航站出口外散發傳單，在民警阻止時，冀中星自製炸藥不慎引爆，由於炸藥的威力不大，而且冀中星在引爆時有向周圍群眾示警，所以爆炸僅造成他本人和警員受傷。但冀中星受傷較重，左手臂需截肢。

對此，法律界認為，冀中星的經歷完全可以作為從輕或減輕處罰的「酌定情節」。

北京市「律師協會憲法與人權委員會」委員楊學林律師：「應該給他減輕，因為他的起因是一種非常特殊的起因，這在他的主觀故意啊、主觀惡性啊，以及社會危害性方面，應該都是比較輕的，在這個問題上應該是給他減輕的。」

首都機場爆炸案發生後，迫於輿論壓力，廣東省公安廳和廣東省高級法院承諾，將責成東莞警方在8月底，對冀中星被毆打致殘的問題進行複查，結果會即時向社會通報。但隨後，廣東省公安廳卻拒絕了冀中星要求公開複查結果的申請，一度引發輿論質疑。對此，冀中星家屬決定近期起訴廣東省公安廳，要求當局公開調查結果。

目前，冀中星及他的家屬已經委託律師劉曉原負責二審的辯護，16號下午，劉曉原趕到北京第二看守所，要求會見冀中星，但被拒絕，只許他把上訴狀等材料交由工作人員，由冀中星簽署。

劉曉原：「今天下午我去會見，但是看守所說，他們沒有人員把他從醫院的樓上推到律師會見室讓我會見。後面經過交涉以後，他們同意把冀中星的上告狀，由他們拿進去讓冀中星簽好字以後，他們再交給我。今天我沒有見到冀中星，但是冀中星在上訴狀已經簽字同意要上訴了。」

有評論指出，雖然冀中星應該法辦，但造成他殘廢以及逼迫他犯罪的人更應該法辦，冀中星所遭遇的傷害和不公，不能付之流水。

採訪編輯/張天宇 後製/黎安安

Lawyer: The Sentence Is Too Severe – Ji Zhongxing is going for Appeal

Recently, Beijing court heard the “Ji Zhongxing’s

Airport Bombing Case" which is causing much concerned to

the public.

Although Ji Zhongxing has received sympathy and

understanding from all sides, he nevertheless, was severely

sentenced to 6 years in jail with for crime of “explosive offense"

by the Chinese Communist Party (CCP) authority.

His defense lawyer Liu Xiaoyuan thinks the sentence is too

harsh and the court hadn’t considered the root reason

why Ji Zhongxing committed the crime.

Now, Ji Zhongxing’s family decided to appeal and will sue

Guangdong Provincial Public Security bureau in the near future.

On October 15, Beijing Chaoyang District Court heard the first

trial and sentenced Ji Zhongxing to six years in jail with the crime

of “explosive offense".

Liu Xiaoyuan, the defense lawyer of Ji Zhongxing thinks,

Ji’s action is one of a “negligent explosion" which can’t be judged

as an “explosive offense".

Liu Xiaoyuan, a Beijing Lawyer, “Ji Zhongxing didn’t set off the

bomb explosion intentionally in the airport.

He went there to ask for help.

He held the bomb with that intention.

When the police were asking him to put down the bomb,

it explored accidentally.

That’s why we think it is a negligent explosion.

There’s surveillance video to testify the whole process.

It is true."

During the first trial, Ji Zhongxing said in court that

he was afraid that the police would grab the bomb

when the incident occurred.

Then he moved the bomb from his left hand to the right hand,

but touched the detonator by mistake. In fact, he has never

wanted to explode it nor commit suicide.

According to the Article 114 of the Chinese “Criminal Law",

the sentence for an “explosive offense" crime without

serious damage should be 3 to 10 years in jail.

The sentence for a “negligence explosion" should be 3 to 7

years in jail; the related less serious case, should be

sentenced to less than 3 years in jail or a criminal detention.

Although the court claimed that the sentence was light,

but Liu Xiaoyuan does not agree with that opinion.

He pointed out that even if the judge

regarded Ji Zhongxing committed an “explosives offense",

a 6 year sentence in jail is too severe.

Liu Xiaoyuan thinks the judge completely ignored

the motivation and causes of this case.

Liu Xiaoyuan: “Ji Zhongxing was beaten and maimed, and didn’t

receive fair treatment in last 8 years which forced him to

choose this kind of solution.

The court didn’t consider the root cause, which we think

makes the sentence unfair.

The family has the same point of view as us."

In 2005, Ji Zhongxing worked in Guangdong.

One day when he was carrying a passenger by motorcycle,

he was beaten and maimed by the security team with steel pipes.

In the followed several years, Ji Zhongxing asked for help

from the police, did the petition, raised complaints, sued,

but he did not achieved any positive feedback.

Ji Zhongxing decided to choose an abnormal channel to

pursue his grievances because there was no other solution.

On July 20 this year, Ji Zhongxing distributed leaflets about

his plight at the exit of the Capital Airport Terminal.

When police stopped him, Ji Zhongxing detonated his

handmade bomb by accident.

Because the power of the bomb wasn’t strong and Ji Zhongxing

had warned the people in advance, there’s a police and Ji

himself hurt in the explosion.

But Ji Zhongxing was hurt severely and his left arm was

blown off.

For this case, the Chinese legal profession think that

Ji Zhongxing’s experience can be one of “discretionary

circumstances" to reduce or lighten his punishment.

Lawyer Yang Xuelin, a member of Beijing’s “Lawyer Association

Constitutional and Human Rights Committee",

“the court should lighten his punishment because

there’s a very special reason for his actions.

It’s related in his motives, his punishment is vicious

and harmful to society.

The punishment should be lighter on him."

After the Beijing Capital International Airport bombing case,

the Guangdong Provincial Public Security Bureau and

the Guangdong Provincial High Court have been forced

to ask the Dongguan police to review the case

that Ji Zhongxing was beaten and maimed,

and to report to the society once there’s a result.

But then the Guangdong Provincial Public Security Bureau refused

Ji Zhongxing’s request to make public the result which makes

public opinion very suspicious.

The family of Ji Zhongxing plans to sue the Guangdong Provincial

Public Security Bureau, and demand the regime to make public

the review results.

Currently , Ji Zhongxing and his family have entrusted

lawyer Liu Xiaoyuan to make the defense case for the appeal.

On October 16, Liu XIaoyuan went to Beijing Second

Detention Center and asked to meet with Ji Zhongxing.

But he was refused and just allowed to pass the documents

to the police who would bring to them to Ji Zhongxing for signing.

Liu Xiaoyuan:"I went to meet with Ji Zhongxing this afternoon,

but the detention center told me that they didn’t have

the police to bring Ji from the hospital to the meeting room.

After negotiating, they agreed to take the complaint letter

to Ji and bring it back to me after Ji signed it.

I didn’t meet Ji Zhongxing today, but Ji agreed to appeal

and signed the complaint letter."

There are commentaries pointing out that although

Ji Zhongxing should be punished by law, but the person

who forced Ji to commit the crime should be punished even more.

All the injuries and injustices that Ji Zhongxing suffered

shouldn’t be in vain.