A judgment that is not complicated in fact, because of its high absurdity index, has made everyone’s mood quite complicated.
Today (March 3) at 02:10 am, @The excavator’s lawyer posted a Weibo:
“Barefoot doctor” Feng Zilu was sentenced to one and a half years in prison by the two-level courts of Zhejiang for assisting in organizing prostitution for repeatedly seeing and giving intravenous injections to prostitutes without a license. Case number: (2012)
Zhe Xing San Zhong Zi No. 125. I think this is a very typical wrong case, with the wrong qualitative analysis. Regardless of whether it is for profit, it is essentially a “neutral helping behavior” without social harm. Please start the retrial or file an appeal in accordance with the law as soon as possible, and give the parties a fair and just attitude.
At more than 2 o’clock in the morning, it was the time of the ugly hour. In the past, even the cows had finished eating grass and were ready to rest. But this @The excavator’s lawyer stayed up late at night without sleeping, calling out to @Zhejiang Procuratorate and other units, calling for “to start the retrial or file an appeal in accordance with the law as soon as possible, and give the parties a fair and just attitude.”
This Weibo resonated. This judgment made “Lawyer Fu” confused, and also made many people in the legal circles feel “ridiculous” and “unbelievable”.
@The excavator’s lawyer: After reading the complete judgment, I was stunned.
@Xingbian Xu Junping: It’s really ridiculous, he sentenced people based on feelings.
Everyone in the circle knows that @The excavator’s lawyer is Fu Shifeng, a criminal defense lawyer from Nanjing. This young talent, who takes “willing to speak for the people, not to sing praises for the powerful; but wish the world without suffering, rather than let the medicine gather dust on the shelf” as his practice philosophy, is often invited by his peers to give theme speeches such as “Self-cultivation of the Thinking of Defending the Accused”.
Because Feng Zilu, who was sentenced by the two-level courts for repeatedly seeing and giving intravenous injections to prostitutes without a license, was not the client of the lawyer Fu, and he did not know Feng Zilu. He just “thought that the judiciary could not be like this, and society could not be so bad”. After reading the judgment, Fu Shifeng, who was “a warrior with a knife”, could not sit still.
According to the judgments of the Hangzhou and Zhejiang courts, Feng Zilu, born in 1974, is from Huoqiu, Anhui. He was criminally detained on May 30, 2011, for “assisting in organizing prostitution”, and arrested on July 1 of the same year.
The Hangzhou Intermediate People’s Court tried the case of the Hangzhou Procuratorate accusing Feng Zilu of assisting in organizing prostitution, and made a judgment on April 18, 2012. The court held that:
Defendant Feng Zilu, for the purpose of profit, knowing that defendants Zheng Mouping, Hu Moufen, Li Mouqiang, Lin Moumei, Hu Mouqian and others opened a leisure shop in Hejiacun, Huzhou Street, controlling female prostitution and that it was not convenient for the boss to control the situation when prostitutes went out to see a doctor, still obeyed the instructions and arrangements of the organizers of prostitution, repeatedly saw and gave injections to these prostitutes without a license, playing an auxiliary role in the activities of organizing prostitution.
After a non-public trial, the Hangzhou Intermediate Court believed that “the facts of this case are clear” and sentenced Feng Zilu to one year and six months in prison for assisting in organizing prostitution, and fined him RMB 5,000.
The Zhejiang High Court, after comprehensive evaluation, believed that the defendant Feng Zilu accepted instructions to go to the door to see the controlled prostitutes, providing assistance for others to successfully organize prostitution, and his behavior constituted the crime of assisting in organizing prostitution.
On December 19, 2012, the Zhejiang High Court made a final judgment, upholding the first-instance judgment.
11 years later, @The excavator’s lawyer “dug” out this old case.
After reading the judgment, Lawyer Fu “cursed for two minutes, and was really angry”. Yes, according to the logic of the judge, the prostitutes are unforgivable. Shouldn’t their parents, the teachers who taught them, the delivery guys and platforms who delivered food to them be questioned?
Not only Lawyer Fu was puzzled, but other legal colleagues were also puzzled: what logic? How to judge the case? How can you ignore the facts and evidence?
Lawyer Lu Tao from Beijing said that according to this logic, the patrons, knowing that they were prostitutes, also came to the door to accept services and pay for prostitution, which also played an auxiliary role in organizing prostitution activities, and they were also accomplices. If they didn’t come to the door, and there was no market for profit, wouldn’t they have closed down long ago…
Yang Quan, a famous doctor of the Jin Dynasty, and Yu Chang, a famous doctor of the Qing Dynasty, both said, “Doctors, are benevolent arts”. Article 54 of the Prison Law clearly stipulates that the medical care of prisoners is included in the health and epidemic prevention plan of the area where the prison is located.
The right to health is one of the most basic rights enjoyed by citizens. The right to health of prisoners is still protected by law. How can the “doctors” who see prostitutes be convicted? (Author: Bin Yu) (Bin Yue Yu Yun WeChat public account: lzkj328)
