【禁聞】「立功」造假 企業前總裁減刑外逃

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【新唐人2014年01月22日訊】原中國「健力寶集團」董事長張海,2011年提前出獄。日前,廣東省司法部門證實,張海在獄中因為「立功」獲得減刑而提前出獄,存在造假的問題,已經立案調查。但張海本人已經逃往海外。

1月20號,中共喉舌媒體《央視》在它的官方微博上發表消息說,「廣東省檢察院證實,健力寶原董事長張海已經逃往境外。」

張海是河南開封人。2002年,成為「健力寶集團」董事長、和總裁。2005年3月,張海因為涉嫌挪用資金,被廣東佛山市公安局刑事拘留。2007年2月,佛山市中級法院以職務侵佔罪、和挪用資金罪兩項罪名,判處張海有期徒刑15年。之後不到一年,張海因為「舉報他人犯罪有功」,二審被改判為10年徒刑。2011年張海假釋出獄,總共在獄中只有6年的時間。

當年張海提前出獄時,社會上就有質疑,但是當局一直沒有回應。直到去年11月,廣東省檢察院才第一次在一個文件中提到「張海徇私舞弊減刑案」。

今年1月10號,廣東省高院在它的官方微博上通報說,張海在監獄服刑期間的立功表現都是造假的,案件已經立案審查。

根了解,張海在獄中有3次「立功減刑」。大陸媒體報導,這些立功減刑現在被披露出來都是造假。其中第一次,張海之所以能檢舉搶劫案立功,是因為監獄人員出賣案情線索。

在此之前,廣東茂名監獄,也曾經被曝光「花錢買減刑」的醜聞。

大陸維權律師李向陽:「監獄造假是非常普遍的現象,像達官顯貴他們判刑之後,大多都是很早就出獄了,要麼就造一個假的保外就醫、假釋、要麼以很多理由減刑。」

秦永敏:「中國司法完全一片黑暗。曾經有一個專門報導四川監獄系統的黑幕的,從監獄局長往下,各個貪污受賄,用各種方法買放重大罪犯,那重大罪犯他們都有錢呢,那窮人呢?在那裏不管你怎麼努力,不死在裏面都是好的了,很難出來。」

秦永敏曾經被中共當局關押了22年,被稱為「坐牢皇帝」。據他透露,他在監獄期間,經常看到一些重大罪犯,只要是打通關係,就能立馬被釋放。

秦永敏:「中國的司法就是這樣,只要你有錢找準門路,甚麼都能暢通無阻。但是你要是沒有錢,無錢、無勢,哪怕是冤案也不解決。我在監獄裡碰到過很多人,很明顯的冤案,但是複查的人對監獄裡說,這事我們處理不了,雖然是冤案,但是我們一動對我們以後工作不好做。真正的冤案也沒有辦法,但是罪再大,有錢就可以,這是中國的現實。」

大陸網友「醉意稻草人」在網上發表評論說,判緩刑的上訪戶離開居住地,你們派警察和鄉幹部在火車上抓回,那麼大一個保釋老闆,怎麼就能外逃了呢?

李向陽:「在中國只要是有錢或有權,甚麽事都是能辦到的。因為法律的底線、道德的底線是一點顧忌都沒有了。可以這麼說,他們所有的道德底線與法律底線都崩塌了,他們從無顧忌。」

李向陽表示,司法腐敗根源是一黨專政的結果。

據了解,張海減刑牽涉到公安、法院系統40多人,目前已經有多人因為此案被查、移司法機關處理。而張海本人,雖然被證實已經逃往海外,但是具體是去了哪個國家、以及他外逃的詳情並沒有披露。

採訪/朱智善 編輯/田淨淨 後製/鍾元

Paroled CEO Escapes Overseas On Fake Prison Merits

Former Chairman of China’s Jianlibao Group Zhang Hai

was released early from prison in 2011.

Recently, Guangdong Provincial Judiciary Department

confirmed that there are issues of fraud regarding

Zhanghai’s merits for early prison release,

and there is a criminal investigation into this matter.

But Zhang Hai himself has fled abroad.

On January 20, Chinese Communist Party (CCP)

mouthpiece CCTV published on its official microblog,

“Guangdong Provincial Procuratorate confirmed

Jianlibao former Chairman Zhang Hai has fled abroad."

Zhang Hai is from Kaifeng City, Henan Province.

In 2002 he became Chairman and CEO of the Jianlibao Group.

In March 2005, Zhang Hai was detained by the

Public Security Bureau of Foshan City, Guangdong Province

on suspicion of misappropriation of funds.

In February 2007 Foshan Intermediate People’s Court

sentenced him to 15 years imprisonment for

embezzlement and misappropriation of funds.

In less than a year later Zhang Hai’s sentence

was reduced to ten years for merits of “reporting others."

In 2011 Zhang Hai was released on parole.

He only spent a total of six years in prison.

China human rights activist Qin Yongmin and founder of

“China Human Rights Watch":

“Zhang Hai must have come out through networking."

Qin Yongmin: “The law allows sentence reduction,

but the reduction cannot be more than half of the term.

He needs to be in prison for at least seven years.

So he must have used ‘backdoor networking’

for his only six years of imprisonment."

There were questions from the society on Zhang’s early release.

The authorities did not respond until last November

when Guangdong Provincial Procuratorate mentioned

in a document for the first time:

“The Case of Zhang Hai’s

Sentence Commutation by Using Favoritism."

On January 10 2014 Guangdong Provincial Supreme Court

stated on its official microblog that Zhang Hai’s prison merits

were fraud and a case has been filed for investigation.

It is said Zhang had “Three Sentence Commutations via Merits".

Chinese media reported these merits are now

disclosed to be fraud.

Zhang got the first sentence Commutation for reporting a robbery,

because prison staff sold him clues.

There had been exposures of “Buying Merits" at

Guangdong Maoming prison prior to this.

China human rights lawyer Li Xiangyang:

“Prison fraud is a very common phenomenon, such as

fake medical parole or various sentence Commutations,

The powerful and the rich are all released early."

Qin Yongmin: “The Chinese judicial system is completely dark.

There was once a special report on the dark secrets

of the Sichuan prison system.

From the Chairman to each level below,

they sell release to major criminals, who have money.

How about the poor? No matter how hard they try,

they would be lucky to survive there, not to say come out."

Qin Yongmin was once locked up by the CCP authorities

for 22 years. He is called “Jail Emperor".

According to him he often saw major criminals

immediately released as long as they open up the relationship.

Qin Yongmin: “China’s judiciary system is just like this.

As long as you have money and identify opportunities,

there will be no obstacles.

But wronged cases are not solved without money or power.

I met many people who suffer obvious injustice.

But investigators told the prison that they could not handle it,

although there is injustice.

Any change will be back to our future work.

So real injustice cannot be corrected,

but money can help major criminals.

This is the reality of China."

A Chinese netizen stated online that petitioners with

suspended sentences are even arrested by

police and township carders on the train if they leave home,

so how can such serious criminal flee?

Li Xiangyang: “Everything can be done in China

as long as there is money or power.

There is no legal or moral bottom line.

So they do not have any concern."

Li Xiangyang said the root cause of judicial corruption

is the result of a one-party dictatorship.

It is said Zhang Hai’s sentence reduction case involved

over 40 people in the public security and the court system.

Many people are being investigated and transferred

to judicial departments because of this case.

Zhang Hai’s whereabouts and

details of his escapee have not been revealed.

Interview/ZhuZhishan Edit/TianJingjing Post-Production/ZhongYuan

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