【吴敏案最新情况】鹰潭中院院长亲自到北京威胁吴敏之女 Update on the Wu Min Case

LAW

3/6/20245 min read

整个刑辩界乃至法律界高度关注的鹰潭吴敏案,在法律圈围绕法援律师占坑展开大谈论之后,时至今日,鹰潭中院仍旧置司法的脸面于不顾,打算将暗箱操作进行到底,将法援占坑进行到底。

The highly publicized Yingtan Wu Min case, which has attracted great attention from the criminal defense community and even the entire legal profession, has been widely discussed in legal circles regarding the issue of legal aid lawyers occupying seats. However, to this day, the Yingtan Intermediate Court still disregards the face of justice and plans to carry out its behind-the-scenes manipulation to the end, as well as the occupation of seats by legal aid lawyers.

202431日,鹰潭中院院长田甘霖亲自带队前往北京,要求和吴敏家属见面,吴敏家属同意见面,但要求必须由律师陪同,田甘霖拒不同意律师在场,并放话:你们愿不愿意沟通,都不影响我们开庭!撂下这番狠话后,双方便没有再进一步沟通。本以为田甘霖院长就此放弃沟通打道回府了,没想到,直到今天,他还在北京候着。今天田甘霖再次通过吴敏家属所在单位传话:

On March 1, 2024, Tian Ganlin, the president of the Yingtan Intermediate Court, personally led a team to Beijing and requested to meet with Wu Min's family. Wu Min's family agreed to meet but required the presence of a lawyer. Tian Ganlin refused to allow a lawyer to be present and declared, "Whether you are willing to communicate or not, it will not affect our court hearing!" After leaving these harsh words, both parties did not further communicate. It was initially thought that President Tian Ganlin had given up on communication and returned home, but unexpectedly, he is still waiting in Beijing until today. Today, Tian Ganlin once again conveyed a message through Wu Min's family's work unit:

第一,还是要求和家属见面,但是不能有律师在场。律师给法院领导发威胁短信,在网上炒作案件,严重违规,所以不能和律师见面。

First, he still demands to meet with the family, but lawyers cannot be present. The lawyers sent threatening messages to the court leaders and hyped up the case online, which seriously violates regulations, so they cannot meet with the lawyers.

第二,不是他们要给吴敏指定法律援助律师,是吴敏自己要求给他安排法律援助律师。

Second, it is not them who want to appoint legal aid lawyers for Wu Min; it is Wu Min himself who requested legal aid lawyers to be arranged for him.

第三,家属不愿意见面也可以,可以在组织上的人在场的情况下,通过第三方见证的通话给家属沟通情况,这对家属好,但通话不能录音、不能公开。

Third, if the family is unwilling to meet, it is also acceptable to communicate the situation to the family through a third-party witnessed phone call in the presence of people from the (communist) organization. This is good for the family, but the call cannot be recorded or made public.

第四,见吴敏家属不入圈套,田甘霖恼羞成怒威胁吴敏的女儿:"你们这个房子你爸当时也给赞助了,我们也可以查!"

Fourth, seeing that Wu Min's family did not fall into the trap, Tian Ganlin became furious and threatened Wu Min's daughter, "Your father also sponsored this house of yours at the time; we can also investigate it!"

兴师动众,千里迢迢,耗时四五天,鹰潭市中院院长田甘霖绕了这么大一个圈子,想要解决的不过还是"将占坑律师合法化"这一件事。只不过,他这个水平,办起事来,总是容易节外生枝,将事情越办越糟了。

Mobilizing a large number of people, traveling a long distance, and spending four to five days, Tian Ganlin, the president of the Yingtan Intermediate Court, went through such a big circle, only wanting to solve the issue of "legalizing the occupying lawyers." However, with his level of competence, when handling matters, he always tends to go off on a tangent and make things worse.

针对田甘霖提出的第一点——不能由律师陪同见面:四天前不愿律师陪同见面,僵持了四天后,还是不松口,为什么这么怕律师啊?律师是洪水猛兽吗?不见律师,到底是律师违法,还是因为你们鹰潭中院无法无天害怕被律师揭穿?只见家属不见律师,很显然,那是因为,这次来北京,你们就是奔着家属的软肋来的,律师是家属的盔甲,有了律师在场,你们碰不到家属的软肋。不是吗?

Regarding the first point raised by Tian Ganlin—lawyers cannot accompany the meeting: Four days ago, Tian Ganlin was unwilling to have lawyers accompany the meeting. After a four-day stalemate, he still refuses to budge. Why are you so afraid of lawyers? Are lawyers ferocious beasts? Not meeting with lawyers, is it really because the lawyers are breaking the law, or is it because your Yingtan Intermediate Court fears being exposed by lawyers for being lawless? Only meeting with the family and not the lawyers is obviously because this time, you came to Beijing targeting the family's weakness. Lawyers are the family's armor. With lawyers present, you cannot touch the family's weakness. Isn't that right?

针对田甘霖提出的第二点——是吴敏自己要求给他安排法律援助律师:因为鹰潭中院安排法援律师占坑引发的律师界大讨论,都已经过去快1个月了。法律界对于法援占坑问题已经讨论得这么透彻了,鹰潭市中院居然还想继续耍这种小把戏,继续玩弄法律、愚弄家属,不仅如此,竟然还派出你们的一把手亲自到北京来丢人现眼!好,按你们的说法,不是你们要给吴敏安排法援律师,是吴敏要求给他指派法援律师。那么第一,吴敏他符合法律援助的条件吗?法律援助作为一种司法救助资源,是应该无条件有求必应?《法律援助法》的明文规定要不要遵守?第二,既然吴敏自己想要法律援助律师,为何不让家属请的律师当面核实?为什么拒绝律师会见吴敏?你田甘霖作为鹰潭中院的一把手千里迢迢跑到北京来向家属解释,是吴敏自己要求法律援助律师,这不是脱裤子放屁多此一举吗?让吴敏和家属委托的律师见一面,当面确认就完了,还用大老远跑到北京来费口舌?为什么死扛到底也要继续占坑?答案非常明显,他们非常清楚,这个案子一旦家属聘请的真辩律师介入,里面的团团黑幕便兜不住了。法援律师占坑,必须死扛到底,配合他们演完这场大戏。

Regarding the second point raised by Tian Ganlin—it was Wu Min himself who requested legal aid lawyers to be arranged for him: It has been almost a month since the Yingtan Intermediate Court's arrangement of legal aid lawyers to occupy seats triggered a major discussion in the legal community. The legal profession has already thoroughly discussed the issue of legal aid occupying seats, yet the Yingtan Intermediate Court still wants to continue playing this little trick, continuing to manipulate the law and fool the family. Not only that, they even sent their top leader to Beijing to make a fool of himself! Alright, according to your statement, it is not you who want to arrange legal aid lawyers for Wu Min; it is Wu Min who requested legal aid lawyers to be assigned to him. Then firstly, does Wu Min meet the conditions for legal aid? Should legal aid, as a judicial assistance resource, be provided unconditionally upon request? Should the explicit provisions of the Legal Aid Law be followed or not? Secondly, since Wu Min himself wants legal aid lawyers, why not let the lawyers hired by the family verify it face-to-face? Why refuse to allow lawyers to meet with Wu Min? You, Tian Ganlin, as the top leader of the Yingtan Intermediate Court, traveled all the way to Beijing to explain to the family that it was Wu Min himself who requested legal aid lawyers. Isn't this like taking off your pants to fart, an unnecessary extra step? Letting Wu Min meet with the lawyers entrusted by the family and confirming it face-to-face would have been enough. Why bother traveling all the way to Beijing to waste words? Why insist on occupying seats to the end? The answer is very obvious. They are very clear that once the real defense lawyers hired by the family get involved in this case, the layers of dark secrets inside cannot be contained. Legal aid lawyers occupying seats must be insisted on to the end to cooperate with them in finishing this grand play.

针对法援律师问题,家属也明确回复说,给吴敏指定法援律师他们不可能答应。并且家属也要求田甘霖转达吴敏:"吴敏你作为一个老党员,这点觉悟都没有吗?这个法律援助是花财政的钱,花国家的钱,你都已经犯罪了,为什么还要花国家的钱?家属有这个意愿,也有这个能力帮你请律师,为什么还要花国家的钱?"

In response to the issue of the legal aid lawyers, the family also clearly replied that they could not agree to assign legal aid lawyers to Wu Min. The family also requested Tian Ganlin to convey to Wu Min, "Wu Min, as a senior Party member, do you not even have this level of awareness? This legal aid is spending fiscal money, the country's money. You have already committed a crime, so why do you still want to spend the country's money? The family has the willingness and the ability to hire lawyers for you, so why do you still want to spend the country's money?"

针对田甘霖提出的第三点——通话不能录音、不能公开:阳光是最好的防腐剂,阳光司法才是最有公信力的司法。第三方见证下的通话,为什么不能录音?为什么不能公开?干净的、合法的、光明磊落的事情,从来不害怕公开。怕律师、怕录音、怕公开,畏畏缩缩,小把戏不断,话里话外,你田甘霖就是想私下拿捏家属。单独秘密见面的意图还不明显吗?不就想再次挟吴敏以抓家属之软肋,劝家属就范吗?你们这帮底线全无、无耻至极的家伙,不仅要抓软肋,还想要让抓软肋抓不留任何证据,不就是这个目的吗?

Regarding the third point raised by Tian Ganlin—phone calls cannot be recorded or made public: Sunshine is the best antiseptic; only justice under the sun has the most credibility. Why can't a phone call witnessed by a third party be recorded? Why can't it be made public? Clean, legal, and aboveboard matters have never been afraid of being made public. Fearing lawyers, fearing recordings, fearing publicity, being timid, constantly playing little tricks, and hinting at things between the lines, you, Tian Ganlin, just want to privately put pressure on the family. Isn't the intention of meeting secretly and alone obvious enough? Isn't it just wanting to once again hold Wu Min hostage to target the family's weakness and persuade the family to comply? You bunch of shameless scoundrels with no bottom line, not only do you want to target weaknesses, but you also want to leave no evidence of targeting weaknesses. Isn't that the purpose?

但是今天你们还是搞砸了,田甘霖你不想见阳光,我来帮你见阳光。你的一言一行,我都会将它公之于众。我要为鹰潭司法、为你,来撰写历史的初稿。互联网是有记忆的,前期假硕士刘赛连已经被记入历史了,接下来,历史也不会忘记鹰潭中院院长田甘霖在吴敏冤案中干的每一件事。

But today, you messed it up. Tian Ganlin, you don't want to see the sunshine, so I'll help you see the sunshine. I will make your every word and deed public. I want to write the first draft of history for Yingtan's justice and for you. The internet has a memory. The previous fake master's degree holder Liu Sailian has already been recorded in history. Next, history will not forget every single thing that Tian Ganlin, the president of the Yingtan Intermediate Court, has done in the unjust case of Wu Min.

针对田甘霖提出的第四点——你们这个房子你爸当时也给赞助了,我们也可以查:你田甘霖是何许人也?你一个法院的院长,想查谁就查谁?想不查谁就不查谁?你的职责是侦查调查还是审判?是谁给你的胆量和底气,让你这种赤裸裸的威胁张口就来?是不是本来是赃款赃物,你想不让查就不然查,本来不是赃款赃物你能够想让查就让查?你是能够做到指鹿为马的赵高吗?指鹿为马的赵高竟成了鹰潭市中院院长,鹰潭的司法还有救吗

Regarding the fourth point raised by Tian Ganlin—your father also sponsored this house of yours at the time; we can also investigate it: Who do you think you are, Tian Ganlin? As a court president, you can investigate whoever you want and not investigate whoever you don't want to? Is your responsibility investigation or trial? Who gave you the courage and audacity to make such blatant threats? Is it originally ill-gotten money and goods that you can choose not to investigate if you don't want to, and if it's not ill-gotten money and goods, you can choose to investigate if you want to? Are you capable of calling a deer a horse like Zhao Gao? Zhao Gao, who called a deer a horse, has actually become the president of the Yingtan Intermediate Court. Is there any hope for Yingtan's justice?