On December 20, Shandong lawyer Gao Bingfang was sentenced to four years in prison in the first instance for a case of false prosecution in which he represented migrant workers in a wage claim lawsuit. Lawyer Gao Bingfang stated in court that he would appeal.
It is reported that the first instance of the case went through five hearings and concluded on November 15 this year.
The first defendant in the case, Gao Bingfang, is the director and full-time lawyer of a law firm in Shandong. During the trial, the prosecutor accused him of the crime of false prosecution when he served as the plaintiff’s agent in a lawsuit in which 75 migrant workers sought wages from the general contracting company.
The prosecution alleged that Gao Bingfang, together with the contractor Mi and Chen, fabricated the fact that the migrant workers’ wages had not been paid, and filed a lawsuit in the name of the migrant workers, resulting in the court’s judgment that the general contracting enterprise should bear joint and several liability, and made multiple erroneous civil judgments, which seriously infringed on the credibility of the judiciary.
During the trial, Mi and Chen pleaded guilty and accepted the punishment. Gao Bingfang insisted that the case did not constitute a crime, that he was completely unaware of the situation beforehand, and that Mi and Chen did not understand the law and framed him because they were afraid of taking responsibility.
Gao Bingfang’s defense attorney pointed out that if the case was convicted, it would set a wrong example, that is, the contractor who paid the migrant workers’ wages would be punished, but the illegal sub-contractor (general contracting enterprise) who should have been held jointly and severally liable for the wage arrears was not held accountable.
Previously, the case had been postponed for trial twice and had not been pronounced.
Gao Bingfang’s family told the media that 56-year-old Gao Bingfang insisted that he was innocent and had been reflecting the situation to relevant departments.
The case has attracted widespread attention from the legal community.
In April this year, “Fadu law” published an article by Huang Yingsheng, a former judge of the Supreme People’s Court, “We cannot let those who help the weak be wronged and wronged.” The article appealed: “If Lawyer Gao is sentenced, I am afraid that there will be no righteous people willing to stand up for the migrant workers in the future, after all, good intentions will not be rewarded, which will really make people feel cold!”
After the first instance verdict, many lawyers expressed their views on the verdict.
Well-known lawyer Zhang Xinnian: The defense attorney feels deeply regretful about this verdict, which challenges the basic rule of law;”
Lawyer Lin Qilei: I believe with a kind heart that he will be convicted but exempted from punishment, at most probation, but I didn’t expect it to be so serious;
Lawyer Liu Lu: The verdict in the Gao case brought me a sense of heaviness and disappointment;
Lawyer Gao Yunsheng: I feel regret and disappointment about the first instance verdict, and encourage the defense attorney to “turn the tables in the second instance”, and not to be discouraged;
Well-known law professor Li Xuan: Those who abuse their power must have ghosts in their hearts, and there is still a chance to turn things around if they persist;
Lawyer Wang Teng: I don’t know whose sorrow it is;
Lawyer Hou Zhiyuan: Under the towering Mount Tai, such a verdict that does not distinguish between right and wrong has appeared. A lawyer who has defended the rights of migrant workers and has been commended by the government has been made a criminal of false prosecution….
Well-known lawyer Liu Changsong sighed and said: Very regrettable!
Senior lawyer Wang Shihua: This is a verdict that violates common sense, four years, the conscience of the judiciary and the wisdom of the trial have been swallowed by power;
Lawyer Tang Jiangtao: I have been following this case, and the first instance sentenced him to four years, which is really too harsh;
Famous lawyer Fan Chen: Such a case of innocence was sentenced to four years. Although Mount Tai is towering, the hearts of the people have been corrupted, and the mountain will collapse.
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