(Clearwisdom.net)
Mr. Wang Shougui is a Falun Dafa practitioner from Liupanshui City, Guizhou Province. On August 20, 2009, his home was searched by CCP personnel, and his computer, printer, and Falun Gong informational materials were confiscated. Mr. Wang was not at home when this happened, and he had to escape after he heard the news. On October 18, 2009, he was arrested in the Fenghuangxin District of Liupanshui City and taken to the Second Detention Center in Liupanshui City. During his trial, Attorney Li Jinglin from the Haosheng Law Office in Beijing successfully defended Wang Shougui's innocence.
Attorney Li pointed out that, although the Zhongshan District Procuratorate in Liupanshui City had accused Mr. Wang of "crimes of sabotaging the implementation of the state's laws and executive regulations by utilizing an illegal religious organization," that charge simply could not be proven. He gave four reasons why not:
"First, almost all the evidence that the Procuratorate used to charge Wang Shougui were acquired illegally by the police department. Based on the law, illegally acquired evidence cannot be used as evidence in a court of law.
"Specifically, on August 22, 2009 at 11 p.m., police from the National Security Team in Zhongshan District, Liupanshui City, broke into Mr. Wang's home and searched it without a warrant. They made up a search warrant afterward."
Attorney Li Jinglin pointed out that Wang Shougui and his wife were not at home at that time, so the police broke into the home without permission and without a search warrant, which is illegal. The police did not have any evidence to identify Wang Shougui as a suspect, but they searched his home with the excuse of a "daily check," which is certainly an illegal search. So, the police illegally invaded a citizen's home and searched it illegally. Any evidence gathered as a result of illegal activities is inadmissible in a court of law.
"Second, the Procuratorate's accusation that Wang Shougui 'handed out propaganda materials' cannot be legally verified.
"1. In the indictment, the Procuratorate listed 'the infringement based on law.' But it did not include anything related to "handing out materials."
"2. Since there is no evidence that Wang Shougui handed out materials, the Procuratorate cannot draw the conclusion that Wang Shougui 'handed out materials.'
"Third, Wang Shougui did not disrespect the law."
Attorney Li pointed out that there are no laws or regulations currently on the books that declare Falun Gong to be an illegal religion. And the country has never proclaimed any orders banning Falun Gong.
At the same time, Attorney Li Jinglin pointed out that the constitution guarantees freedom of belief. He said, "Wang Shougui thinks Falun Gong is good and he believes in Falun Gong. This conforms with the constitution's assurance of freedom of belief. If he wanted to produce and distribute Falun Gong materials, that is a reasonable thing to do. It is also a natural extension of the freedom of belief and the natural extension of the freedom of speech guaranteed by the constitution."
Fourth, the attorney asked the court to review and correctly apply item 300 in the Criminal Law, as well as the High Court's relevant interpretations on that item, when it judged the case.
He said, "Based on item 300 in the Criminal Law and the High Court's interpretations of that item, to be guilty of the crime of sabotaging the implementation of the law and executive regulations by utilizing an illegal religious organization, two criteria must met, and neither one is dispensable. If Wang Shougui had met those criteria, the Procuratorate might legally challenge him. But none of the evidence that the Procuratorate presented proves that Wang Shougui utilized a illegal religious organization or proves he sabotaged the implementation of the state's laws and executive regulations. So how can he be guilty of 'sabotaging the implementation of the state's laws and executive regulations by utilizing an evil religious organization?'"
In summary, Attorney Li Jinglin asked the court to proclaim Wang Shougui innocent and release him according to the law.
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