The morning of August 26, chaonan district Shantou, Guangdong Public Security Bureau formerly Party Secretary of discipline Inspection Commission Secretary Zheng Shaoxin Chaoyang District using GPS tracking case Chen Xinzao re-examines its second session. Zheng Shaoxin insisted innocence.
The indictment in March 2014, and former member and Secretary of Commission for discipline inspection of the CPC Committee of Public Security Bureau of chaonan district, Shantou City Branch Zheng Shaoxin, install the GPS device to Chaoyang District, Shantou city Party Secretary Chen Xinzao car chassis, implement tracking shot, and then in the online reporting Chen Xinzao.
In September that year, Zheng Shaoxin on suspicion of crime of illegal eavesdropping equipment, was detained. In December 2015, haojiang district, Shantou city court verdict found Zheng Shaoxin committed crimes of illegal eavesdropping equipment use, acceptance of bribes, decides that the Executive shall be sentenced to 6 years and fined 20,000 yuan.
Zheng Shaoxin appealed in May 2016, the Court considers the case in Shantou "unclear facts, insufficient evidence", and remanded. On August 2, the first hearing for a retrial in the case, August 26 second session.
Zheng twice a retrial, after a trial, a trial court, against several groups critical of judicial decisions based on the debate by the prosecution.
District Police Bureau Party Secretary of Commission for discipline inspection districts GPS tracking
The indictment in March 2014, and Zheng Shaoxin Li Binyun found through friends, get a GPS locating device, through redeployment description well. A few days later, he ran to the Chaoyang District Government compound, attach the device to Chen Xinzao vehicles – a white Toyota Highlander car chassis.
Since then, Zheng Shaoxin login "car online" website, check out the approximate location and course of the car. Whenever vehicles parked near the luxury consumer sites, driving to stalking. See Chen Xinzao from these places out, taking pictures with mobile phone video.
Zheng Shaoxin records show, tails for about a month, and succeeded four times. Early in May 2014, Zheng Shaoxin finishing Chen Xinzao April 19 in "Tao Xuan restaurant" hosted video of Shantou Municipal Finance Bureau leader after dining out, after some screenshots to copy into a USB memory stick, and written a report written material to the print driver Zhou Houwu and Internet access. 7600 contracted 40 acres of forest land villagers
Then, Zhou Houwu Zheng Shaoxin content, with "Chen Xinzao violates the Central eight overweight use official cars, upscale restaurant titled" published online. Zheng Shaoxin wife Lin Weishan said the report will soon be deleted.
According to Zheng Shaoxin confession, he held office from the Public Security Bureau of chaonan district districts report district Party Secretary Chen Xinzao to the Chaoyang district to track, there are personal factors, but more important is the response to the call center.
Lin Weishan, said Zheng Shaoxin began on June 21, 2014 real reporting month in Shantou City Commission for discipline inspection Xing Taian (December 2014 Lok Ma) had a meeting with Zheng Shaoxin, but does not give a substantive response. Zheng and then report to the Guangdong discipline Inspection Commission, but by September of that year, he was taken away by police.
Provides GPS Li Binyun and Zhou Houwu of Internet materials were taken away by the police, in late 2015, two people have been released on bail pending trial.
On December 1, 2015, haojiang, Shantou people's Court trial court found Zheng Shaoxin committed crimes of illegal eavesdropping equipment use, acceptance of bribes, decides that the Executive shall be sentenced to 6 years and fined 20,000 yuan.
Controversy: GPS positioning devices or are listening device
In court, Zheng Shaoxin consider themselves using GPS, aimed at tracking shot after the orientation, rather than eavesdropping, and the bottom of the equipment installed in the vehicle, all but impossible to hear Chen Xinzao conversation.
August 26 trial, Zheng Shaoxin says he used to track GPS is not identified by the police, when GPS is not open, identified and there is no real, expert conclusions are tailored for his conviction.
Court found Zheng Shaoxin basis for using GPS, is a forensic examination. Police forensic Center in Shantou city, Guangdong Province, the police seized 2 "smart" brand GPS portable data terminal is identified, the result is eavesdropping equipment.
Li Binyun said that tracking Chen Xinzao Zheng Shaoxin positioning device tracking is complete, he took as his way lost. Indictment shows that in order to make up for the lack of evidence, the Panel from the Li Binyun place the two devices have been found, and as an alternative to prosecution evidence for identification.
Zheng Shaoxin Defender Li Xiaolin, argued that the equipment is produced in connection with public offerings of products, prosecutors identified them as "bugging equipment", according to the GPS is portable data terminal "remote listening" function, but no evidence that he ever used the "remote listening" feature. From Zheng Shaoxin reporting materials, contents are Zheng Shaoxin obtained through tracking shot after the orientation, not hacking.
Shantou municipal Bureau of State security issued by the team on May 4, 2015, according to a copy of the explanatory material in the: "has yet to obtain evidence that Zheng Shaoxin Chen Xinzao by using the device to monitor the function of eavesdropping. "
Report says its reputation has been damaged
Zheng Shaoxin reported to Chen Xinzao, Chaoyang District Committee has responded to the media, Chen Xinzao Tao Xuan restaurant is not upscale places, did not use public money, spend more than 600 Yuan.
Problems for overweight vehicles, driver Chen Xinzao said Chen Xinzao used exceeded because the public vehicles broke down, by the District Office of the provisional allocation; license plate suits because villagers know Chen Xinzao containment after the license plate number, he worries that affect the functioning and security of the person, look for traffic Police Brigade.
Chen Xinzao himself, his wife, as well as testimony of the Chaoyang District Government official said, after reported Internet, "Chen Xinzao are great mental stress, old taut face, nothing more", "dinner eat, sleep at night, sudden increase in blood pressure, always worried about being monitored at work."
According to the southern weekend reported that Zheng Shaoxin case after the incident, Chaoyang district invested a total of about 400,000 yuan to improve security. Included in the district, the District Government Office space 5 additional security, upgrade mechanism courtyard of the surveillance equipment, extended videos to save time, and the walls of heightening and consolidating high, buy new electric rolling door.
Chen Xinzao said in a note: "Zheng Shaoxin illegal use of equipment for eavesdropping or secret photographing to me, obviously damaged the image of the ruling party, is a challenge to the political interests of the State. Meanwhile, also hindered my behavior, hurt my political image, hurt my credibility and reputation and undermine the national party's image in the minds of the people...... "
Haojiang District Public Prosecutor's Office also charged in the indictment, Zheng Shaoxin reported Chen Xinzao "Chaoyang District had a serious negative impact on the image of the District Government, leading local investment projects being delayed or shelved, and seriously affected the normal work order of the district authorities, while Chen Xinzao damage resulting from physical and mental health".
In response to this allegation, Zheng Shaoxin's lawyers say, the testimony of a witness gets, and investigation activities are carried out under the command of Chen Xinzao without legitimacy.
Counsel upon checking found that, on September 28, 2014, Chen Xinzao Chaoyang district to personally contact the President of the Court, the Solicitor General, Deputy Director of the national people's Congress, the Deputy Mayor and 23 other party and Government officials to the Chaoyang hotel, police asked Chen Xinzao to testify.
Chaoyang district officials ' testimony, mainly commended Chen Xinzao is a good Secretary, actively attracting investments, they were people, secret filming and uploading, seriously affecting the Secretary of Chan's physical and mental health; fears of Chaoyang District's investment environment and the Government's credibility, stranding some investment projects.
Lawyer Li Xiaolin, questioning, preceding 23 witnesses and Chen Xinzao subordinate interests, testimony of a red herring. In particular Chaoyang District Court and the public prosecutor's Office officials, Chen Xinzao to testify violated the independence of the judiciary.
When the original trial, Li Xiaolin, a lawyer repeatedly described prior to the application of party and Government officials to testify, none appear.
The prosecution is free to restart spy programs
On August 26, 2016, Zheng Shaoxin reviewed the second trial, prosecutors submitted new Shantou Public Security Bureau added that three copies of documentary evidence to prove that police identification of GPS, sample legal identification is valid.
Li Xiaolin said this on August 2, when the first hearing for a retrial in the case, Zheng Shaoxin had to make a last statement, in accordance with the provisions of the criminal procedure law, the "final statement" is the end of court proceedings, evidence only able to appear in court for sentencing, can't start reconnaissance or supplement evidence proceedings.
Penalty v method 195th article of provides: "in accused last statement Hou, presiding judge announced recess, full for comments, according to has identified of facts, and evidence and about of legal provides, respectively made following judgment: case facts clear, evidence does, and full, according to legal finds accused guilty of, should made guilty judgment; according to legal finds accused innocence of, should made innocence judgment; evidence insufficient, cannot finds accused guilty of, should made evidence insufficient, and The acquittal of the accused of crimes cannot be established. "
Li Xiaolin, concluded that the new evidence is invalid under the provisions of procedural law before the Tribunal if there is a need for additional evidence, to submit an application by the public prosecution service in the trial, carried out by the Court's suspension, started procedures for additional evidence. But in this case all the way to made a final statement of the accused, prosecutors are not raised to go, before the Tribunal without restarting the investigation procedure, in law No. "This approach shows the arbitrary exercise of power the prosecution. "
A question brought up by lawyers, prosecutors requested an adjournment for half an hour. Recovery after a trial, the Prosecutor responded that the program legal, the presiding judge announced the trial ends, choose a sentencing date.
Public Security Bureau about the Party Secretary of Commission for discipline inspection reported GPS tracking, in Shantou caused the topic has not yet been removed.
Shantou Jinping district according to network news, the morning of July 26, according to the Shantou municipal party Committee and the municipal Committee of the Organization of work of the Office, Deputy Secretary-General Chen Xinzao comrade Zheng Hongyi, Deputy Director of the municipal party Committee Office accompanied by leading party confidential fuses section linked to the persons concerned, municipal support units long stone Fort Street community supervision and guidance of Wen's work.
The news shows that Chen Xinzao Shantou Chaoyang District Committee Secretary after leaving office, had been a member of Shantou municipal Committee, Deputy Secretary-General.