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People's Daily Online>>China Society

Former tycoon's death sentence weighs heavily (2)

By Zhao Yinan (China Daily)

08:30, February 08, 2012

Zhang Yanfeng, Wu's lawyer, argues that the case does not constitute the crime of financial fraud, a charge that requires fundraising from the general public by means of "swindling" for the purpose of illegal possession.

"Nine out of the 11 lenders are Wu's old friends and should not be considered general public," said Yang Zhaodong, one of Wu's lawyers.

He then said Wu has used the funds to invest in trading companies, hotels and real estate, instead of using the money to cover existing debt and purchase personal luxuries as accused by the prosecutors.

Oral testimony shows the lenders still believe Wu borrowed the money to improve cash flow instead of illegal possession and personal indulgence.

"The last time I met her was in November 2011, and she looked robust," Yang said.

He said Wu's request to meet lawyers was turned down by the detention house one week before the provincial court announced the final verdict.

Insisting that his daughter is innocent, Wu Yongzheng, a slightly tanned man with a bony figure, said he believes his daughter is being treated unjustly because it "implicates government officials".

The government of Zhejiang's Dongyang city, where Wu Ying was born and rose from a dropout to a billionaire businesswoman, froze her assets and auctioned them at an apparently low price before the court made a judgment.

"The government's auction is illegal, since at that time Wu Ying was still a suspect instead of a criminal," said Chen Guangzhong, a legal expert on criminal procedure.

But it will be difficult to retrieve the revenues from the government if Wu's verdict is overturned, Yang Zhaodong said. Questioning some of the facts in the case, Chen Guangzhong furthered his point about whether the death penalty is suitable for a non-violent financial crime, especially as the country tries to tighten the use of capital punishment.

The National People's Congress, the country's top legislature, moved to slash crimes punishable by death from 68 to 55 last year, following the top court's withdraw of the final say on all the capital punishments in 2007.

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  1. Name

Paty at 2012-02-1398.71.179.*
Chinese rich hope to follow the penaties of the west where the west allow criminals to negotiate, pay a pittance fine, and be free to do it all over again. That is why certain factions insist on having a lawyer in every family, to be criminals and get away with it. Soon you have a country with no morals policing the world while suing anyone that dares sign their contracts. Don"t go out on a limb and think you are doing any favours by letting her off. She is just the beginning.
PD User at 2012-02-13124.105.119.*
Deth penalty - you are not applicable in many country such as Philippines. For if you are applicable here, then all govertment officials will be dead.... In her case, death is right for this is the law and must apply to all, otherwise none at all.
PD User at 2012-02-10208.70.28.*
ming chu(US) wish to comment more on Wu Ying and the death penalty ....The very rich and wealthy people in America do not go to jail for serious crimes because they have good lawyers . In the case of Wu Ying of China , why should she be condemned to death ( her head chop off )?.....A true incident illustrates my point : A Chinese woman in this City of America walks out of this Chinese grocery store without paying for it--2 large bags of groceries--the store owner caught her , held her for the police . How embarrassed ashamed in tears she was in front of the other people . I am not a rich man but I paid the total cost of the grocers . I told her not to come back to this store .....maybe this woman have children waiting at home , waiting for dinner , maybe her husband is sick , cannot work . Show mercy and you will receive mercy . If I can afford $122 millions , Wu Ying would be a free woman today . Don"t chop her head off , execute here by the death penalty .
Tracker at 2012-02-09122.107.87.*
To prove a case the courts must prove "beyond reasonable doubt" that the person did indeed commit the crime but "to err is human" (we all make mistakes) and the severity of the sentence for making a mistake in law (even unknowingly) should be adjusted in accordance with the crime as not knowing the law is no excuse. I have no time or sympathy for criminals but is China sure they have the right criminal ? A jail sentence fair enough but the death penalty for a lesser charge of fraud.. hmmmm, alarm bells are ringing and something is wrong here but I am sure if Wu Ying is executed there will be some very relieved corrupt officials or businessmen. The death penalty should only be applied when the crime is "beyond reasonable doubt" and the punishment should fit the crime.
PD User at 2012-02-09220.164.118.*
One of famous Scientific Laws - for every action, equal and opposite reaction. She did not commit any physically violent crime, so no death sentence accordingly. She cheated someone of 1000 yuan? (one month"s average pay?), make her work for one and quater month, to pay back that someone she cheated (1000 yuan plus 1/4% interest. Oh..forgot to calculate in legal fees, court fees, etc.). If she cheated several people of several million yuan, well, you do the math- maybe several lifetimes of working in prison? I feel she should not be given the death sentence, but no free meals idling in prison for her or anyone either!
  

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