Yang Ming overturned his guilty plea and was allowed to continue bail: the situation is not unusual

Political situation

Written by: Wen Weiguang

2021-03-24 19:06

Last update date: 2021-03-24 19:08

Entertainer Yang Ming’s case after he drove a car on the top of a mountain last year was judged in the Eastern District Court today (24th). He was pleaded guilty to accidental driving and other crimes. The magistrate asked him on the grounds that he had problems with his driving skills and attitude. It's still waiting for a background report.

Yang Ming's lawyer, Qinghong, pleaded on his behalf, and later admitted or gave Yang Ming inappropriate instructions, which convinced him that he would not be sentenced to imprisonment or reimbursement, so Yang Ming deliberately overturned the decision to plead guilty.

The magistrate finally approved Yang Ming's application to change not to plead guilty, and the case was postponed to trial on May 11, when another magistrate tried to allow Yang Ming to continue on bail, and Qinghong also stated that he would not represent him again.

Practicing barrister Lu Weixiong pointed out that it is not uncommon for situations similar to changing not to plead guilty to happen occasionally.

Lu said that since the magistrates, lawyers, etc. who have heard the case have decided to prepare the case for "confession", it will inevitably have some impact if the processing continues. Therefore, I believe that the judge, the lawyer representing the defense, and the prosecutor will be replaced during the retrial.

Barrister Lu Weixiong said that if the client needs to be remanded because of the lawyer's wrong judgment, he has the opportunity to be seen as a reason to overturn the decision to plead guilty.

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If the lawyer wrongly convicts the person involved in remand or becomes a reasonable ground for overturning the guilty plea

When Lu Weixiong accepted the inquiry, he explained in terms of legal principles that before making a decision to plead guilty, the defense would generally ask his lawyer for advice, which may involve the trial of whether or not the sentence will be sentenced. If the lawyer’s wrong judgment leads to the client’s repayment Custody has the opportunity to be a reasonable reason to overturn the decision to plead guilty, because the party has the opportunity to mistakenly believe that the crime was just a small matter and plead guilty.

Lu Weixiong explained that judges have a chance to make mistakes, and lawyers have more chances to make mistakes in providing legal advice.

However, he emphasized that he believes that this approach will not "open the floodgates" (open the precedent), because the application still needs to be accepted by the court, and I believe that this case will not cause future procedures to be abused.

Tang Jiahua explained that when the defendant overturns the decision to plead guilty and is accepted by the court, the judge will reconsider whether to approve bail.

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The judge has already found guilty in the case

and must be replaced with the prosecution and defense lawyers during the retrial.

As for why the magistrate needs to be replaced, Lu Weixiong said that because the judge handling the case has already convicted the case, the lawyer who originally represented the defense also made a confession suggestion, and even the prosecutor had started work based on the other party’s confession. He believed the case During the retrial, all relevant units need to be replaced.

Senior Counsel Tang Jiahua pointed out that with regard to the bail decision, when the defendant overturns the decision to plead guilty and is accepted by the court, the judge will return to the "square one" (the starting point of the incident) and reconsider the decision whether to approve bail, and even ask "Why No bail?"

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