How about Zhu Mingyong, a Beijing lawyer?

He asked more and more people to defend him, and Zhu Mingyong raised the standard of accepting cases. "I don't want to answer so many calls. I want to stop, but I can't. "

Zhu Mingyong rarely takes a vacation in June 5438+February 65438+May 2020. He just returned to Beijing the night before.

During the interview, the criminal defense lawyer wore a black suit and a gray plaid tie. When talking about this case, he gave a rigorous statement. During more than two hours of conversation, his cell phone kept ringing, and almost all the topics that callers talked about were related to black and evil cases.

The three-year special struggle against evil came to an end, and local courts were busy cleaning up and saving cases. Zhu Mingyong has become busier. For a year, he often received phone calls, then dragged his suitcase and set off with a nucleic acid test certificate.

The centralized trial of cases is an arduous task for all parties to the trial. Zhu Mingyong called these "experiences of both the prosecution and the defense" "dancing at the tip of a knife".

"closed door"

Zhu Mingyong's memory in 2020 began with a black case.

65438+ 10/9, the case was heard in Mengcheng Court of Anhui Province. During the recess, several middle-aged women in down jackets shouted in the court square and cried in front of Zhu Mingyong, thanking him for his defense.

Someone took photos, recorded videos and posted them online. Since then, Zhu Mingyong has received many calls for help, hoping that he can protect himself.

But most of them were rejected by Zhu Mingyong because they didn't care. According to his statistics, the number of files involved in black cases is usually around 400. There are at least 40 crime-related cases. In the past three years, he has received nine cases involving black and evil. From the meeting to the marking of papers to the trial, almost every item exhausted him.

After the trial, the sudden outbreak of COVID-19 swept the country.

Had to stay at home, can't go out, also can't see the parties. This gave Zhu Mingyong more time to read the newspaper again and again.

During the "closed door" period, Zhu Mingyong spent a lot of energy to study the legal provisions and judicial interpretations of all cases involving gangs and evils since the special campaign of "cracking down on gangs and eliminating evils" in 2000.

In hindsight, if you don't "lay the foundation" in the first half of the year, you don't even know how to face the intensive court session in the second half.

"Closing the door" ended in May 2020.

At the end of April, the national office of "eliminating pornography and illegal publications" held a promotion meeting, proposing that political and legal organs should strengthen coordination and cooperation with epidemic prevention and control departments, remove obstacles, and promote the investigation, prosecution and trial of black and evil cases in an orderly manner. Since then, all localities have quickly pressed the "restart button" to digest the stock of black and evil cases.

The final blow of hooliganism

Like many criminal defense lawyers, Zhu Mingyong started his life "either in court or on his way to court".

Different prevention and control policies make the journey more difficult. Zhu Mingyong joked that if statistics show that in the second half of 2020, lawyers will appear in the list of professional groups that conduct the most nucleic acid tests.

On one occasion, Zhu Mingyong went to Jiangsu for a meeting. The day before the detention center, he said that nucleic acid tests in other places proved effective. The next day, when he arrived, he asked that it must be local.

Difficulties in obtaining evidence, marking papers and meeting are regarded as "three difficulties" by criminal defense lawyers, and the epidemic situation makes "meeting difficulties" more obvious. After many twists and turns, I entered the detention center, and I had to wear heavy white protective clothing. "Every two or three hours after the meeting, I will sweat profusely." Zhu Mingyong, who has practiced martial arts for 65,438+00 years, often feels exhausted instantly.

In the second half of 2020, two new items will be added to the black suitcase he carries on business trips, one is a carry-on cushion and the other is a belt. I didn't need it before, but now I can't do without it.

This year, Zhu Mingyong was most impressed by a gang-related case in Liaoning, which involved hooliganism that had been abolished for 23 years. This case is represented by him and Chang Lu, a lawyer of Beijing Wenzhong Law Firm.

Defendant Ye Tiechun was sentenced to 2 years and 6 months in prison by the court on 1993 for "hooliganism". Ye Tiechun has been complaining since he was released from prison. 1in April, 998, the Haicheng court in Liaoning province acquitted him. 20 19 In May, Ye Tiechun was arrested on suspicion of causing trouble, and was later charged with being involved in the underworld.

At the same time, the "hooliganism" that has been acquitted has also been restarted. In June 2020, the court revoked the acquittal of 1998 and sentenced Ye Tiechun to "hooliganism". Zhu Mingyong felt strange: "This is so contrary to common sense".

At present, the case is still under trial.

"Doing evil in court"

In addition to defense, Zhu Mingyong is also observing. He feels that compared with the previous "cracking down on evil", there are fewer confessions extracted by torture, and "it is rarely mentioned by peers and parties". Moreover, there are not a few defendants involved in the case who can finally "take off their hats".

"It's a black crime, not a black crime." This is the principle of handling cases repeatedly emphasized by procuratorial organs. Jiang Wei, vice president of the Supreme People's Court and deputy director of the National Office for Combating Pornography, has publicly stated that by the end of 2020 10, 4. 1% of the first-instance cases prosecuted by courts at all levels have not been ascertained, and 13% of the cases prosecuted have not been ascertained.

In 2020, Zhu Mingyong handled 7 cases involving black and evil, and 3 cases were successfully closed. In addition, there is another case, and the procuratorate also suggested going to court to sue evil, and no judgment has been made.

"Go to court to do evil." Zhu Mingyong couldn't hide his excitement.

The case has passed the first instance of Pingyu County Court in Henan Province and was sent back to Zhumadian City Court for retrial. The principal of a vicious case was sentenced to 23 years' imprisonment.

After representing the case on 20 19, Zhu Mingyong went to Zhumadian and Zhengzhou for more than ten times, and filed an application to ask Zhumadian City Court to withdraw the lawsuit as a whole. Finally, the Henan Provincial High Court appointed Zhengzhou Intermediate People's Court to hear the case.

On February 2, 2020, 65438, a trial lasting more than ten days began. In the afternoon debate of 12, Zhu Mingyong pointed out that the case involved neither legal issues nor factual evidence, but "a mathematical problem": the so-called evil criminal group, generally at least three people jointly committed at least three criminal activities. However, the indictment shows that three of the four defendants did not jointly commit criminal activities, and neither of them had more than three joint criminal acts. Where does evil come from?

This statement was recognized by the public prosecutor. Zhengzhou City Procuratorate said in court that the defendant "family evil forces" identified in the first instance was not established. It is suggested that Zhengzhou Intermediate People's Court make a comprehensive appraisal and make a judgment according to law. The case has not yet been pronounced.

He asked more and more people to defend him, and Zhu Mingyong raised the standard of accepting cases. "I don't want to answer so many calls. I want to stop, but I can't. " Zhu Mingyong said, but he couldn't help it. Seeing that the standard of "black evil" in some cases is obviously not enough, he still wants to try. If the defense is successful, it will give him a great sense of accomplishment.

On the day of the interview, the Jiangsu Provincial High Court called Zhu Mingyong and said that the collegial panel agreed to listen to his defense opinion on a triad-related case the next day.

Waiting for Zhu Mingyong is another game.