海南陈宪清案,张庆方律师到法庭内维护辩护权,被法警强行架出法庭Hainan Chen Xianqing case: Lawyer Zhang Qingfang went to the courtroom to uphold the right to defense and was forcibly removed from the courtroom by the judicial police.

Zhang Qingfang

5/24/20241 min read

今天上午九点十分,三亚海韵集团董事长陈宪清涉嫌虚假诉讼、合同诈骗等罪一案经过违法分案后,其他五名同案被告人的案件预定在海口中院第九法庭开庭。

At 9:10 this morning, after illegal case-splitting, the trial of Chen Xianqing, Chairman of Sanya Haiyun Group, accused of false litigation and contract fraud, along with five other co-defendants, was scheduled to commence at the Ninth Court of the Haikou Intermediate Court.

八点五十分,陈宪清委托的辩护人——北京汉鼎联合律师事务所张庆方律师进入法庭,希望在庭前,和合议庭沟通:为什么不允许我为陈宪清辩护,你们真的合议过吗?你们的法律依据是什么?

At 8:50, Lawyer Zhang Qingfang from Beijing Handing United Law Firm, commissioned by Chen Xianqing, entered the courtroom. Before the trial, he sought to discuss with the collegial panel: Why am I not allowed to defend Chen Xianqing? Have you truly deliberated? What is your legal basis?

值班法警发现张庆方律师不是分案后被告人的辩护人后,马上过来,要求张律师退出法庭。

Upon discovering that Zhang Qingfang was not the defense attorney for the defendants in the split case, the on-duty judicial police officer immediately approached and asked Lawyer Zhang to leave the courtroom.

张庆方律师手持律师证,大声说:我今天是依法来维护自己的辩护权,我就见审判长和合议庭一面,听完他们的解释,马上离开。

Holding his lawyer's license, Zhang Qingfang loudly stated: "I am here today to legally uphold my right to defense. I will meet with the presiding judge and the collegial panel, listen to their explanation, and leave immediately."

结果,合议庭在法庭外一直在交头接耳,到现在九点半了,法官不敢和张律师打照面。

As a result, the collegial panel whispered among themselves outside the courtroom until 9:30, with the judges afraid to confront Lawyer Zhang.

期间,四个泥菩萨一样的陪审员在进来,坐在了审判席。张庆方律师上前问她们:法官助理说你们合议过了,以陈宪清已经换过两次律师为由不许我为他辩护。你们懂律师法吗,懂刑事诉讼法吗?你们知道非法剥夺当事人的辩护权和律师执业权的严重性吗?如果你们不懂,就不要参与合议!不要配合他们作恶!

In the meantime, four jurors, silent as clay sculptures, entered and sat at the bench. Lawyer Zhang approached and asked them: "The judge's assistant said you have deliberated and refuse to allow me to defend him because Chen Xianqing has already changed lawyers twice. Do you understand the Lawyers' Law, the Criminal Procedure Law? Do you realize the seriousness of unlawfully depriving a party of their right to defense and a lawyer's right to practice? If you do not understand, do not participate in the deliberation! Do not cooperate with their wrongdoing!"

几个陪审员依然泥菩萨一样一言不发,最后被进来的一个女法官拉出去了。

The jurors remained silent as clay sculptures, and eventually, a female judge who entered the room pulled them out.

九点四十分,在法庭拖延开庭三十分钟后,合议庭不敢来和张庆方律师打照面,法警将张律师强行带出法庭。

At 9:40, after a thirty-minute delay in starting the session, the collegial panel still afraid to face Lawyer Zhang, the judicial police forcibly removed him from the courtroom.