刚刚，吴敏家属收到鹰潭司法局回函 Wu Min's family received a reply from the Yingtian Justice Bureau.

江西吴敏、吴忠兄弟二人被控受贿、行贿案件中，吴敏家属宋秀兰女士于近日收到鹰潭市司法局送达的鹰司援投受字﹝2024﹞第1号《法律援助投诉受理通知书》。

In the bribery and bribe-giving case involving the brothers Wu Min and Wu Zhong from Jiangxi, Ms. Song Xiulan, a family member of Wu Min, recently received the Legal Aid Complaint Acceptance Notice (No. 1 [2024]) from the Yingtan Municipal Justice Bureau.

借此，近期备受关注的#江西吴敏案##江西吴忠案#，江西鹰潭司法部门肆意、连续、非法给江西省吉安市原人大常委会主任吴敏指派法律援助律师，拒不接收家属委托的张庆方律师、王春丽律师提交的辩护手续，拒绝张、王二位律师会见吴敏等引起社会公众和众多律师关注的法律事件，首次得到江西鹰潭地方的官方回应。

Taking this opportunity, the #JiangxiWuMinCase# and #JiangxiWuZhongCase#, where the judicial department of Yingtan, Jiangxi, arbitrarily, continuously, and illegally assigned legal aid lawyers to Wu Min, the former director of the Standing Committee of the People's Congress of Ji'an, Jiangxi, refusing to accept defense procedures submitted by lawyers Zhang Qingfang and Wang Chunli, appointed by the family, and refusing meetings between lawyers Zhang and Wang with Wu Min, has garnered public and legal community attention and received an official response from the local Yingtan authorities in Jiangxi for the first time.

据公开消息，吴敏系江西永丰人，1977年5月参加工作，曾在永丰县、吉安县、泰和县、吉安市等地工作，2017年8月退休，退休前的最后职位是吉安市人大常委会原党组书记。

According to public information, Wu Min is from Yongfeng, Jiangxi. He started working in May 1977 and has worked in Yongfeng County, Ji'an County, Taihe County, and Ji'an City, retiring in August 2017. His last position before retirement was the secretary of the Party group of the Standing Committee of the Ji'an Municipal People's Congress.

吴忠是吴敏的弟弟，系江西省知名民营企业家。2023年1月12日，官方发布吴敏因涉嫌严重违纪违法问题被立案审查调查，此时，距离吴敏被留置已过去了218天。

Wu Zhong, Wu Min's brother, is a well-known private entrepreneur in Jiangxi. On January 12, 2023, it was officially announced that Wu Min was under investigation for suspected serious disciplinary and legal violations, by which time, Wu Min had been detained for 218 days.

吴敏在被留置前，曾联系过好友贵州大学王春丽教授。2024年1月15日，王春丽教授接受吴敏家属委托后，即向办案机关提交会见手续，要求会见当事人，因为吴敏身体不好，被羁押在鹰潭当地医院的监管中心，王春丽律师办完手续准备会见吴敏时，突然被告知会见被制止，因为鹰潭市法律援助中心和鹰潭市中级人民法院已给吴敏指定了法律援助律师吴文兆。

Before his detention, Wu Min had contacted his good friend, Professor Wang Chunli of Guizhou University. On January 15, 2024, after accepting the commission from Wu Min's family, Professor Wang submitted procedures for a meeting request with the authorities because Wu Min was in poor health and detained at a supervision center in a local hospital in Yingtan. When Lawyer Wang Chunli was ready to meet Wu Min after completing the procedures, she was suddenly informed that the meeting was prohibited because the Yingtan Legal Aid Center and the Yingtan Intermediate People's Court had already assigned Wu Min a legal aid lawyer, Wu Wenzhao.

这种情况下，根本不需要多么高深的法律知识，不论是从（家属）委托辩护优于法律援助的角度，还是从委托或指派的律师人数上看，都能判断出办案机关拒绝王春丽律师的会见要求是违法错误的。

Under these circumstances, it doesn’t take profound legal knowledge to see that from the perspective of prioritizing defense by family-appointed lawyers over legal aid, or from the aspect of the number of lawyers appointed or assigned, the authorities' refusal of Lawyer Wang Chunli’s request to meet is legally incorrect.

2024年1月18日，接受吴敏家属委托的北京市汉鼎联合律师事务所张庆方律师从外地赶往鹰潭，在与第一波被指派的法律援助律师吴文兆的沟通中，张庆方律师了解到吴文兆存在严重违反法律援助法、律师法等各项行为，便公开对其举报，负责指派的鹰潭市法律援助中心，至今未对张律师的举报控告作出任何回应。

On January 18, 2024, Lawyer Zhang Qingfang from Beijing Handing United Law Firm, commissioned by Wu Min's family, rushed to Yingtan from another city. In communication with Wu Wenzhao, the first batch of legal aid lawyers assigned, Lawyer Zhang found that Wu Wenzhao had seriously violated the Legal Aid Law and the Lawyers Law among other actions, and publicly reported him. The Yingtan Legal Aid Center responsible for the assignment has not yet responded to Lawyer Zhang’s report.

其后，吴文兆退出吴敏案的辩护。在吴文兆退出吴敏案的第二天，在鹰潭中院已知吴敏家属已委托张庆方律师、王春丽律师作为辩护人的前提下，继续非法为吴敏指派法律援助律师许春林、洪迪琛介入辩护。

After being reported, Wu Wenzhao withdrew from Wu Min's defense. The day after Wu Wenzhao's withdrawal, despite knowing that Wu Min's family had appointed lawyers Zhang Qingfang and Wang Chunli as defense attorneys, the Yingtan Intermediate Court continued to illegally assign legal aid lawyers Xu Chunlin and Hong Dichen to intervene in Wu Min's defense.

许春林是江西赣鹰律师事务所的主任，兼任江西省律师协会常务理事、鹰潭市律师行业党委副书记、鹰潭市律师协会副会长；洪迪琛，系江西赣鹰所律师。

Xu Chunlin is the director of Jiangxi Ganying Law Firm, also serving as a standing director of the Jiangxi Provincial Lawyers Association, deputy secretary of the Yingtan Lawyers Industry Party Committee, and vice president of the Yingtan Lawyers Association; Hong Dichen is a lawyer at Jiangxi Ganying Law Firm.

张庆方律师看到鹰潭中院毫不顾忌地连续非法适用法律援助法，对家属委托的律师置之不理，便公开悬赏100万元征集占坑律师许春林、洪迪琛的违法犯罪线索。（见 张庆方律师：停止百万悬赏的紧急声明）

Seeing the Yingtan Intermediate Court's continuous and illegal application of the Legal Aid Law, disregarding the lawyers appointed by the family, Lawyer Zhang Qingfang publicly offered a reward of 1 million yuan for collecting illegal and criminal clues about the placeholder lawyers Xu Chunlin and Hong Dichen. (See: Lawyer Zhang Qingfang: An Urgent Statement to Stop the Million-Yuan Reward)

律师的职责是什么？是维护当事人的权益，维护社会公平正义，维护法律正确实施。在吴敏案之前，“占坑式”法律援助介入案件辩护导致家属委托的律师迟迟无法介入案件，法援律师无法有效维护当事人合法权益的事情常常出现，“占坑律师”受指派担任辩护人，在当事人家属已经聘请律师的情况下仍拒不退出。

What is the duty of a lawyer? It is to protect the rights of the parties, maintain social fairness and justice, and ensure the correct implementation of the law. Before Wu Min's case, "placeholder" legal aid interfering with case defense led to the family-appointed lawyers being unable to participate in the case for a long time, and legal aid lawyers often failed to effectively protect the legal rights of the parties. "Placeholder lawyers" assigned as defense attorneys refused to withdraw even when the family had already hired lawyers.

有的占坑律师，在明知当事人是冤枉的，不仅不维护当事人的权益，还“劝降”当事人，以各种理由动员自己当事人认罪认罚。

Some placeholder lawyers, knowing that the parties are innocent, not only fail to protect the parties' rights but also "persuade" the parties to plead guilty, using various reasons to mobilize their clients to confess and accept punishment.

对于此种现象，素有“国内重大案件风向标”之称的真辩网于2024年1月21日至28日面向社会开展有奖征文活动，此后学术界、律师界反应热烈，短短8天时间共收到征文65篇、特约稿2篇。主办方最终评选出征文的一、二、三等奖和鼓励奖，并将论文公开发布。（见 “占坑式辩护”严重危害刑辩制度根基的报告——基于“占坑式辩护”大讨论征文汇编 张庆方律师：占坑辩护大讨论一等奖作者是谁？）

In response to this phenomenon, the well-known "major case weathervane" in the country, Zhenbian Net, held a prize essay competition from January 21 to 28, 2024, which elicited a warm response from the academic and legal communities. In just eight days, they received 65 essays and 2 commissioned articles. The organizer finally selected the first, second, and third prize winners and encouragement awards and published the papers. (See: The Report on "Placeholder Defense" Severely Endangering the Foundation of the Criminal Defense System - Based on the Compilation of Essays from the "Placeholder Defense" Grand Discussion. Lawyer Zhang Qingfang: Who is the first prize winner of the Placeholder Defense Discussion?)

但即便如此，在吴敏案中，鹰潭市法律援助中心、鹰潭中院始终没有依法保障吴敏的合法权益，没有正确适用法律援助法，在家属已为吴敏委托张庆方律师、王春丽律师的情况下，一直拒绝承认律师的辩护权。

Even so, in Wu Min's case, the Yingtan Legal Aid Center and Yingtan Intermediate Court have consistently failed to protect Wu Min's legal rights according to the law, incorrectly applied the Legal Aid Law, and persistently refused to recognize the defense rights of lawyers Zhang Qingfang and Wang Chunli, who were commissioned by Wu Min's family.

鹰潭中院田甘霖院长还打着“为家属好”“为吴敏好”的名义跑到北京要求见吴敏、吴忠兄弟的家属，在家属提出见面可以但需要律师在场的情况下，田甘霖断然拒绝，还放下狠话：“不管你们愿不愿意沟通，都不影响我们开庭”。

Tian Ganlin, the president of the Yingtan Intermediate Court, even went to Beijing under the guise of "for the family's good" and "for Wu Min's good" to meet the family of the brothers Wu Min and Wu Zhong. When the family suggested a meeting but requested the presence of a lawyer, Tian Ganlin flatly refused and sternly stated, "Whether you wish to communicate or not will not affect our court session."

江西赣鹰律师事务所许春林律师，这位占坑律师在2024年3月20日接见吴敏家属时表示“已尽力为吴敏争取权利”，还多次要求家属委托的张庆方律师到鹰潭见他。

Lawyer Xu Chunlin from Jiangxi Ganying Law Firm, a placeholder lawyer, claimed to have "done his utmost to fight for Wu Min's rights" during a meeting with Wu Min's family on March 20, 2024. He also repeatedly requested Lawyer Zhang Qingfang, commissioned by the family, to meet him in Yingtan.

吴忠、吴敏系亲兄弟，办案机关办了一年多根本没有发现吴氏兄弟之前有任何不正当的金钱往来，据家属公开举报透露，所谓吴敏受贿、吴忠行贿案件，完全是原江西省永丰县检察院反贪局局长、永丰县纪委监委委员戴耀青和其亲家、江西省纪委常委严正利用手中职权对债务人索取财物未遂后，蓄意构陷、炮制出的一起假案、冤案。（见 吴忠家属在律师陪同下到江西纪委控告戴耀青）

Wu Zhong and Wu Min are brothers. The authorities, after over a year of investigation, have not found any improper financial transactions between the Wu brothers. According to public accusations by the family, the so-called bribery and bribe-giving cases involving Wu Min and Wu Zhong were entirely fabricated by Dai Yaoqing, the former director of the Anti-Corruption Bureau of Yongfeng County Procuratorate, and his relative, Yan, a standing committee member of the Jiangxi Provincial Discipline Inspection Commission, after their failed attempt to extort property from a debtor. (See: Wu Zhong's family, accompanied by a lawyer, filed a complaint against Dai Yaoqing at the Jiangxi Discipline Inspection Commission)

而在吴忠的律师提出吴忠要参与到吴敏案的审理中，要求公开参与质证、辩论等庭审活动，许春林律师居然拒不同意，拒不接受吴忠律师的见面要求，对吴忠吴敏被莫须有事实视而不见，根本没有向鹰潭中院提出任何程序性辩护的申请。

When Wu Zhong's lawyer requested that Wu Zhong be allowed to participate in the trial of Wu Min's case, including public participation in cross-examination and debates, Lawyer Xu Chunlin astonishingly refused to agree, declined Wu Zhong's lawyer's request for a meeting, turned a blind eye to the baseless facts against Wu Zhong and Wu Min, and did not make any procedural defense application to the Yingtan Intermediate Court.

敢问天下刑事辩护律师，如此作为算得上许春林所谓的尽力为当事人争取权利了吗？

Dare to ask criminal defense lawyers around the world, can such actions be considered Xu Chunlin's so-called utmost effort to fight for the client's rights?

张庆方律师了解许春林约见后，便带领律师同行在2024年3月26日到达江西赣鹰所赴约，遗憾的是，许春林律师连续多日都不在律所，去向不明。

After learning about Xu Chunlin's invitation for a meeting, Lawyer Zhang Qingfang, along with fellow lawyers, arrived at Jiangxi Ganying Law Firm on March 26, 2024, for the appointment. Regrettably, Lawyer Xu Chunlin was not present at the law firm for several consecutive days, and his whereabouts were unknown.

张庆方律师完全不明白作为鹰潭律师协会副会长的许春林为何要如此戏弄自己，敢于失信于天下法律人，他风尘仆仆地赶往赣鹰所，得到的却是拒绝。（见 拒不接受同行帮扶的许春林）

Lawyer Zhang Qingfang completely fails to understand why Xu Chunlin, as the vice president of the Yingtan Lawyers Association, would dare to deceive the legal community and mock him. After hurrying to Ganying Law Firm, he was met with refusal. (See: Xu Chunlin's Refusal to Accept Assistance from Fellow Lawyers)

吴忠、吴敏家属也无法理解，为什么许春林口口声声说要张律师到鹰潭来，但又拒绝见面？口口声声说为吴敏争取了权利，但拒绝吴敏弟弟吴忠及其律师要求并案审理、当庭质证的沟通要求？

The families of Wu Zhong and Wu Min also cannot understand why Xu Chunlin repeatedly insisted on Lawyer Zhang coming to Yingtan, yet refused to meet? He claimed to have fought for Wu Min's rights, yet refused the requests of Wu Min's brother Wu Zhong and his lawyer for joint trial and court cross-examination?

吴氏兄弟的家属感觉到自己受到了深深的欺骗。

The Wu brothers' family feels deeply deceived.

2024年3月26日下午，吴敏家属到鹰潭市法律援助中心，对吴敏案中吴敏被非法指派法律援助律师、法律援助律师涉嫌违纪违法的行为进行了控告。法律援助中心的工作人员对吴敏家属的诉求的回应是，他们是根据《刑诉法解释》第48条之规定指派许春林、洪迪琛辩护，合理合法。

On the afternoon of March 26, 2024, Wu Min's family went to the Yingtan Legal Aid Center to file a complaint about the illegal assignment of legal aid lawyers to Wu Min and the suspected disciplinary and legal violations of the legal aid lawyers. The response from the staff at the Legal Aid Center was that they assigned Xu Chunlin and Hong Dichen to defend based on the provisions of Article 48 of the "Interpretation of the Criminal Procedure Law," which they deemed reasonable and legal.

《刑诉法解释》第48条规定：“具有下列情形之一，被告人没有委托辩护人的，人民法院可以通知法律援助机构指派律师为其提供辩护：（一）共同犯罪案件中，其他被告人已经委托辩护人的；（二）案件有重大社会影响的；（三）人民检察院抗诉的；（四）被告人的行为可能不构成犯罪的；（五）有必要指派律师提供辩护的其他情形。”

Article 48 of the "Interpretation of the Criminal Procedure Law" stipulates: "In any of the following circumstances, if the defendant has not appointed a defender, the people's court may notify the legal aid institution to assign a lawyer to provide defense: (1) In cases of joint offenses, where other co-defendants have appointed defenders; (2) Cases with significant social impact; (3) Cases appealed by the People's Procuratorate; (4) Cases where the defendant's actions may not constitute a crime; (5) Other circumstances where it is necessary to assign a lawyer for defense."

吴敏家属认为，该条适用的前提是被告人没有辩护人，在被告人已委托辩护人的情况下，鹰潭市法律援助中心连续给吴敏指派法律援助律师错误、非法、没有依据，要求立即纠正。

Wu Min's family believes that the premise of this article's application is that the defendant has no defender. In the case where the defendant has already appointed defenders, the continuous assignment of legal aid lawyers to Wu Min by the Yingtan Legal Aid Center is incorrect, illegal, and unfounded, and they demand immediate correction.

吴敏家属的该项质疑，鹰潭市法律援助中心的工作人员一直没有做出解释。

The staff at the Yingtan Legal Aid Center have never explained this query raised by Wu Min's family.

2024年4月2日，吴敏家属宋秀兰女士收到鹰潭市司法局回函，鹰潭市司法局对吴敏家属投诉事项已经受理。

On April 2, 2024, Ms. Song Xiulan, a family member of Wu Min, received a reply from the Yingtan Municipal Justice Bureau, stating that Wu Min's family's complaint had been accepted.

《法律援助投诉处理办法》（司发通〔2013〕161号）第15条之规定：“司法行政机关受理投诉后，一般应当在45日内办结；投诉事项复杂的，经本机关负责人批准，可以适当延长办理期限。延长办理期限的，应当书面告知投诉人并说明理由。”

The "Regulations on Handling Legal Aid Complaints" (No. 161 [2013]) Article 15 stipulates: "After accepting a complaint, the judicial administrative organ should generally conclude the case within 45 days; if the complaint is complex, the handling period can be appropriately extended with the approval of the head of the organ. If the handling period is extended, the complainant should be informed in writing and given the reasons."

那么，鹰潭市司法局在2024年5月15日前，是否会解除占坑律师许春林、洪迪琛的辩护资格，鹰潭市法律援助中心、鹰潭中院，何时能够回到法治轨道上，依法接受张庆方律师、王春丽律师的辩护手续，我们会继续关注！

Therefore, we will continue to watch whether the Yingtan Municipal Justice Bureau will revoke the defense qualifications of placeholder lawyers Xu Chunlin and Hong Dichen by May 15, 2024, and when the Yingtan Legal Aid Center and the Yingtan Intermediate Court will return to the rule of law, legally accepting the defense procedures of lawyers Zhang Qingfang and Wang Chunli.