Xu Yan’s uncle tweeted that the authorities’ court rejected the lawyer appointed by the Family. (Photo source: Weibo screenshot)
Xu Yan, a 90-year-old female auxiliary police officer in Jiangsu Province, was sentenced to 13 years in prison and fined 5 million yuan for “extortion and blackmail” after having inappropriate relationships with several Chinese Communist Party officials over the past five years. The indictment was posted online by the court in Gounan County, Jiangsu Province, causing an uproar, with netizens saying that the authorities were harboring the officials and sentencing the female auxiliary police officer heavily.
Xu Yan’s father said in an interview, “As a public official, they bullied my daughter and played with her, but they are the ones who made the mistake. On March 17, Xu Yan’s uncle posted a message on Weibo saying that Xu Yan and her family thought the court’s sentence was too harsh and had filed an appeal, but the court refused to allow the family to appoint a lawyer.
The company’s main goal is to provide a comprehensive range of products and services to the public. In the past few days, the case of his niece has aroused a high degree of concern, because Xu Mou’s Parents are not highly educated, entrusting the blogger himself to express his feelings and demands to everyone online as a family member.
According to the article, Xu has now appealed. From the online circulation of the verdict, there are still many doubts, so the family commissioned the Shanghai Deng Xueping, Du Jiaqian two lawyers, for Xu Mou second trial defense.
Xu Yan family entrusted Deng Xueping appointment letter (Photo source: @ female auxiliary police Xu Mou family microblogging)
But on March 15, after the family completed the full commissioning procedures, Du Jiaqian’s lawyer arrived at the detention center in hopes of meeting Xu Mou. At this Time, something unimaginable happened: Lianyungang City Central Court actually assigned two legal aid lawyers (without any prior communication with our family) and refused our request to meet with the lawyer.
On March 16, Du Jiaqian’s lawyer negotiated with the Lianyungang City Central Court on the matter of appointing a lawyer to defend the case, but the Lianyungang City Central Court still refused, and on March 17, Deng Xueping’s lawyer also came to the Lianyungang City Central Court to negotiate, and was also refused by the Lianyungang City Central Court.
The two lawyers told the family that the court said that two legal aid lawyers had been appointed and there were no more places for defense, and that “this is my niece’s own will, but they did not provide any written materials to prove their claim, and refused our request to verify whether the appointment of legal aid lawyers is my niece’s true will.
The family would like to analyze a simple logic: the first trial family spent money to appoint a lawyer, and the first trial results Xu Mou expressed dissatisfaction and appeal, how to the second trial, the family will not be allowed to appoint a lawyer, but willingly accept the court-appointed assistance lawyers? This logic is probably a three-year-old child can figure it out.
As a family member, “we are not willing to let Xu Mou just accept legal aid lawyers, and hope to let our family-appointed lawyers intervene to conduct a truly effective defense of her, so that the case gets a fair and impartial hearing”.
The article also said that the family could not endorse Xu’s extortion charge so far. “Among the criminal facts my niece was found guilty of in the first trial, the earliest time was 2014, when she was less than 20 years old, while those public officials, all in their 40s and 50s, are prominent figures in society, in various aspects such as age, experience and social status, are not equal, whether they have coercion, threats and other means against my niece is still unknown. I hope that this can be found out in the second trial.
Xu’s parents still believe that it was these public officials who bullied their daughter and dragged her down with them. She is only an auxiliary police officer, before doing auxiliary police only work in the hospital, these “victims” are leaders, some are also her top supervisor, it is likely that the supervisor used his power to entice, coerce her to have sex. The money given afterwards is only hush money, breakup fees, compensation. From the verdict, from beginning to end, my niece also did not take any excessive means to extort money from them, how can they be so convicted?
“As her father said two days ago, it was these public officials who made the mistake, and you can’t put the shit on her head alone. Xu did not take money out of the pockets of these people, robbing money, and so sentenced to 13 years and a fine of 5 million yuan, this result is not acceptable to us. I hope the court of second instance can restore the truth, to Xu, to our families a just verdict, so that we are convinced”.
The reporter found that Xu Yan’s uncle’s microblogging on March 17 just opened, only one microblog, is the above article released at 22:54 that night. The number of followers has been 13,853 in less than 1 day after the registration of Uncle Xu Yan’s microblog, and the number of followers is still rising.
However, Xu Yan’s uncle turned off the comment function and deleted more than 10,000 messages at around 17:00 BST.
Before Xu Yan’s uncle spoke out, Xu Yan’s father had been interviewed by the official media, Red Star News, and the related topic had exceeded 110 million readers on Sina Weibo. However, the official report on Red Star News was quietly deleted, and only “404” was displayed after clicking on the link.
Xu Yan’s father said in an interview that the so-called “victims” were all public officials, “They shouldn’t have bullied my daughter. The money they gave to my daughter was a voluntary payment for the loss of her youth, so how can you call it extortion? If they said my daughter was blackmailing, why didn’t they call the police at that time? Some of them are the police.”
Xu’s father denied his daughter’s extortion and pointed out that “as public officials, they bullied my daughter and played with her, it was them who made the mistake, and they cannot put the shit on my daughter’s head all by themselves.”
The court in Gounan County, Jiangsu Province, in December 2020, the first trial verdict shows: from March 2014 to April 2019, the former Lianyungang City Public Security Bureau Haizhou Branch auxiliary police Xu, simultaneous or uninterrupted and a number of public officials to have sex, and later to their own family members learned to make trouble as well as the purchase of a house, pregnancy, break-up compensation, etc., blackmail a total of 3.726 million yuan. A total of nine people were involved, including public officials such as the deputy director of the Lianyungang Public Security Bureau Haizhou Branch, the deputy director of the Gouyun County Public Security Bureau, two police station chiefs, the chairman of the labor union of the Women and Children’s health Hospital, the deputy director of the health center, and the principal of the elementary school. The first trial found Xu guilty of extortion and sentenced to thirteen years in prison and a fine of RMB 5 million. And unlike what happened to Xu Yan, none of the nine officials with whom he had a relationship were held legally accountable.
Xu’s father said in an interview at the time, “We don’t have the money to pay the fine, my daughter is now sentenced to 13 years, how can we afford to pay this 5 million fine later?”
The incident continued to ferment and became the hottest news in China at the moment, both scholars and publicists were talking about the incident, but people found that officials had started to censor the content, and many related news and comments were deleted. As a result, a WeChat public website encouraged readers to create sentences and poems with the theme of “Daylight is deleted”, forming a large “poetry art exhibition”. A large number of netizens for the female auxiliary police officers in the online relay to create limerick poems such as: “daylight a delete all, the police are too nasty. The netizens are shocked to see that the police station Sai Qingluo”, “daytime a delete all, the meat paid for the east. To poor five million, more years of imprisonment”, “daytime a deleted, flower police also into the stream. The public article has also been deleted.
As the incident was caused by the indictment issued by the court in Gounan County, the constantly suppressed Chinese lawyer community also took a rare collective interest.
According to attorney Eddie Zhou, must a female auxiliary police officer’s simultaneous or uninterrupted inappropriate male-female relationships with multiple public officials followed by demands for property on the grounds of pregnancy compensation, etc. constitute extortion and blackmail? I will say my answer directly: not necessarily! Whether from legal theory, or from judicial practice, I think there are many doubts in this case. Female auxiliary police officer Xu Mou, is probably innocent! In short, excessive claims are not the same as racketeering crimes. It is not the demand for high compensation (compensation), it must be extortion. As long as there is a legitimate basis for the claim (i.e. the claim has a factual or legal basis), even an excessive claim is still a civil dispute, not a criminal offense!
Beijing lawyer Liu Xiaoyuan said, after the case, nine men became the “victim”, and the “victimizer” female auxiliary police more miserable, to sleep with people, confiscated the money received, but also a fine of 5 million, and 13 years in prison.
Wang Kang lawyer said, Wu Xiubo’s mistress, extortion 3 million attempted, 37 million attempted, sentenced to 3 years suspended 3 years, Lianyungang female auxiliary police, extortion of public officials, 3.72 million, the amount is similar, sentenced to 13 years, a fine of 5 million.
Xu Yan’s family entrusted Du Jiaqian lawyer said, a mouse, blackmailed a group of cats, the group of cats probably do not think they were blackmailed it (blackmailed and then actively blackmailed, not common sense), even if you feel aggrieved, this aggression should also be foreseen before. Other cats came with knives to avenge them. Originally kicked two feet on the can, but had to cut on a few knives, to make sure that the mouse no possibility of turning around. Now well, the national attention, and this is such a thing, when the political and legal rectification, afraid of Lianyungang’s public security system to enter this rectification of the top priority, right. Throw the mouse, they previously did not consider, and now the intestines are estimated to regret it.
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