【新唐人2014年09月26日讯】原中共发改委副主任，能源局长刘铁男一案，9月24号，在河北省廊坊经济技术开发区法院开庭审理。中共当局公布了刘铁男的自白书，声称刘铁男认罪态度良好，而且案发后，赃款赃物已经全部追缴。外界评论分析指出，由于“全部退赃”已经成为中共贪官获得从轻发落的一条捷径，刘铁男或许会被从轻处罚。
9月24号上午，身穿黑色上衣的刘铁男出现在被告席上，河北廊坊中院通过微博方式对庭审过程进行了文字直播。
直播消息显示，起诉书指控，被告人刘铁男在2002年到2012年期间，利用担任中共计委产业发展司司长、发改委工业司司长、发改委副主任等职务上的便利，和儿子刘德成共同非法收贿财物3558多万元人民币。
起诉书还说，案发后，刘铁男受贿的赃款赃物已经全部被追缴。刘铁男还主动交待了办案机关没有掌握的1875多万元的受贿犯罪事实，并如实供述自己的罪行，认罪态度较好，可以从轻处罚。
东南大学法学教授张赞宁还说：“中国法律有一个不成文的规则，坦白从宽，抗拒从严，这个法律在其他国家是很少有的。因为有这种情况，如果刘铁男，他做出一些有利于当局所需要的那些供词的话，就可能会跟王立军一样的会被轻判的。”
此次公审起诉书中声明，案情截止时间是2011年8月，当局并没有说明什么原因。然而，刘铁男当庭提出，在中纪委立案审查的时候，为了戴罪立功，他写了就如何反腐的建议材料。公诉人要求法庭依据材抖内容决定刘铁男是否构成立功。审判长表示，合议时会充分考虑。
旅美原大陆历史学教授刘因全：“从目前释放的这些信息看，显然是想从轻发落他，否则的话不会释放这一些信息。这还是一种官官相护，想保刘铁男的，同情刘铁男的一些人，利用这种办法来给刘铁男减刑，来减轻他的处罚。”
根据中共国家发改委去年8月12号的内部通报，刘铁男除了受贿1千多万元人民币以外，还利用职务之便，与儿子刘德成通过非法经营所得约1.1亿元，妻子郭静华非法所得3800万元左右，并收受礼品折合约41万元，加上刘铁男的受贿金额，已经查明非法所得超过1.5亿元。
从当局公布的数据前后对比，引起舆论界的质疑。刘铁男在卸任前的3月个月内突击审批的50个项目，到底有没有问题？此次公审中，刘铁男的妻子也没有被涉及，她在其中扮演什么角色？是否会另案调查？
刘因全：“中共对它这些官员的处分绝大部分还是大事化小，小事化了。你像有一些罪行没有提，这显然是想把这一批罪行给他包庇下来，减轻他的处罚。”
张赞宁：“主要是对那些贪官，我们现在没有办法查清他的那些具体的受贿和贪污的事实，但是他确实有很多财产和收入是不对称的。这有很多原因，一个就是调查取证很困难。比如，他贪污了一百宗，能查清他四十宗就已经很不错了，所以在判刑时肯定会低于他原来的报导估计的那个数字。”
香港《苹果日报》发表评论文章说，刘铁男被捕后的言行，不能肯定是否能帮助当局反贪，但肯定对贪官减轻罪恶感甚至立功有三大贡献。其中之一是，平日要多贪，狠狠地贪，贪到当局都查不到。被捕后，主动招供，退赃，起码混个“认罪态度好”，多一道免死金牌。
刘因全表示，在中共这种一党专制的制度下，没有其他党派的监督之下，对官员的犯罪向来是袒护的，共产党起不到真正反腐的作用。
采访编辑/凯欣 后制/舒灿
Former Official Liu Confesses – Will he Escape Death Penalty?
On Sept. 24, Liu Tienan, former Vice Chairman of National
Development and Reform Commission (NDRC), faced trial
at Langfang People’s Intermediate Court, Hebei Province.
The Chinese Communist Party (CCP) has publicized Liu’s
confession, claiming he has displayed a good attitude to his crimes,
and all his ill-gotten gains have been confiscated.
Observers analyze that returning all corrupt goods and money
has become a way to reduce corrupt officials’ punishment,
so Liu will likely be given a lenient sentence.
On the afternoon of Sept. 24, Liu appeared in court wearing a
black jacket.The court proceedings were blogged live
via Langfang’s official Weibo.
The live-blogged messages show that Liu, accused of using
his senior positions between 2002 to 2012,
accepted more than 35 million yuan ($6.4 million) in bribes
together with his son Liu Decheng.
Prosecutors said that all goods and cash bribes taken by Liu have
been confiscated.
Liu has also confessed to an additional18 million yuan in bribes
that the court didn’t know of.
Because Liu has confessed his crimes with a good attitude,
they will give him a lenient sentence.
Zhang Zanning, China-based Professor of law school at
Southeast University:
“There is an unwritten rule in China’s law:
Leniency to those who confess, severity to those who resist.
So if Liu’s confession is in favor of the regime’s needs,
he would likely be similar to Wang Lijun, and
receive a lenient sentence.”
The indictment stated that the investigation timeline went
to August 2011, the regime didn’t give an explanation why.
Liu said in court that when the central disciplinary department
was investigating him,in order to reduce his punishment, he wrote a
suggestion proposing how to fight corruption.
Prosecutors requested the court to decide whether Liu has
achieved advances with his suggestion.
The presiding judge said that they will fully consider it
in panel discussion.
Liu yinquan, US-based professor of Chinese history:
“According to the current sources, obviously they
will give him a light sentence.
Otherwise, such information won’t be disclosed.
‘Officials shield one another’, those who want to protect Liu
and are sympathetic to Liu, utilize this method to reduce
his punishment.”
According to NDRC internal notice on Aug. 12, 2013,
apart from accepting more than 10 million yuan in bribes,
Liu alleged of using his position also gained 110 million yuan
along with his son Liu Decheng via illegal businesses dealings.
His wife Guo Jinghua illegally gained 38 milliion yuan and
accepted gifts worth 410,000 yuan.
In addition to Liu’s bribery cash, in total he was bribed
with over 150 million yuan.
Public opinion questioned the figures disclosed by the regime
before and after the trial.
Is there any issue with the 50 projects that Liu quickly
approved three months before he stepped down?
During the trial, Liu’s wife hasn’t been mentioned,
What role did she performed?
Will she be investigated in a separate case?
Liu Yinquan: “Most of the time the CCP punishes its officials
it does not sound too serious. It seems some of his crimes haven’t
been mentioned.
Obviously the CCP wanted to cover up his crimes,
to reduce his punishment.”
Zhang Zanning: “For the CCP officials, there is no way to
investigate each detail of bribery.
Liu’s many assets don’t balance with his income.
There are many reasons. One is that finding the evidence is difficult.
For example, he was charged with a 100 counts of bribery
in his case., it will be good if just 40 counts can be cleared out.
During the trial, the figures given are certainly smaller
than the estimated one.”
Hong Kong’s Apple Daily reported what Liu has said
after being arrested, that he was not sure whether to help the
regime fight corruption or not.
But it certainly has three major encouragements for corrupt
officials on how to reduce their punishment:
One is to be so corrupt in their office, until there is no way
for the regime to investigate the details.
Second is to confess actively after being arrested, and
return bribery goods and cash,
Three is at least they will be seen displaying a good attitude to
their crimes, and thus they can be free from the death penalty.
Liu Yinquan says that under the CCP dictatorship, and
without any supervision from other [opposition] Parties.
The officials’ crimes have always been covered up,
the CCP has never truly fought corruption.
Interview & Edit/Kai Xin Post-Production/Su Can
