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(Reporter Liu Wei) yesterday, China's electronic newspaper deputy editor often suspected of killing his wife Lin Feng burned his body in the case of Beijing High Court upheld the hammer. Higher Court of First Instance verdict that some facts are not clear, a decision to dismiss the verdict, the case back to City in the hospital a new trial.
the Higher Court of Final Appeal ruling on a total of three. Higher Court of Appeal opinion will often be summed up as Lin Feng, Lin Feng he made in police often made during pre-trial confession of guilt in the public security organs to extract confessions,mbt shoes, Gong, lie for, the case against their persecution made, its no crime. At the same time, the defender often Feng Lin - Beijing Dacheng Law Firm Zhao Yun-Heng made,MBT Women's Shoes, investigators torture, Gong's ample evidence, illegally obtained evidence thus obtained should be excluded by law; as a final decision based on autopsy reports, on-site survey inspection reports,Nike Zoom Kobe VI Brown Red Blue, fire reports identified the reasons are the lack of rigorous, scientific, exclusive, according to the law can not be used as evidence, the proposed second-instance court to declare often Lin Feng guilty.
City Prosecutor's court opinion, often referred to Lin Feng excuse torture by violence,MBT M.walk Shoes Black White, the lack of objective support.
Yesterday, the High Court that the city, a city in the part of the Court of First Instance verdict, the fact is unclear. Accordingly, in accordance with
hear the results of the Higher Court of second instance, are often Feng Lin asked the judge in court: If you have comments to submit written materials.
a month ago, when the second instance court case, often several times to the judge Lin Feng said he was innocent. He said he was in custody for more than three years, was burned limbs has not been well treated, he needs to take care of congenital autistic son.
often said Zhao Yun-Heng Lin Feng's lawyer, Lin Feng met often when he discussed the results of the second trial, although the results of remand is better than upheld, but often Lin Feng a long time that a retrial , waiting for him is suffering.
>> Interrupted

defense counsel: whether torture has not been identified

City High Court that the first instance verdict, some facts are not clear But the fact is unclear which part of the book does not explain the ruling.
Zhao Yun-Heng law analysis, from the court of second instance, when the focus point of view, where
Zhao Yun-Heng said, according to relevant regulations, in addition to death penalty cases of second instance must be executed immediately to trial, the other cases are generally the main hearing in writing. Chang Feng Lin case of second instance trial of the method used by the prosecution to provide the three police witnesses to testify on the issue of torture to accept cross-examination and autopsy. But because of time reasons, the re-mortem examinations have been impossible. Seen in focus in the court of second instance, allows the trial court found that the problem should only torture. He believes that the confession of guilt is often guilty of the trial identified the core evidence. Therefore, identification of whether torture is critical, direct impact on the identification and exclusion of illegal evidence.
Zhao Yun-Heng said the reason for remand court of second instance is generally described as In his view, the idea of ​​second-instance court, not the full problem of the inadequate evidence, but evidence is true, the possibility of introducing problems.
legal experts: that a rational decision instrument to strengthen

Zhao Yun-Heng that the Higher Court of Final Appeal ruled that if an open and clear that what the facts are unclear, then allow the accused , counsel to understand the major problems facing after remand, and thus targeted to the defense.
last December, the Supreme Court issued a Advice provided, to remand the second instance court ruled, should be spelled out in the rule book, the reasons and legal basis for remand.
yesterday, several experts expressed the Criminal Procedure Law Court decision instrument to implement the reasoning clear expectations. Experts believe that, do not elaborate on the reasons for remand, but the simple format, the practices of the court. Since the Supreme Court had, the court said, should strengthen the implementation of a rational level.
and a judge in the criminal trial, told reporters, in practice, the second instance court can only try to write clearly the reasons for remand. However, the trial court attached to the letter will explain. And before the hearing, the prosecution provided the defense based on new evidence, etc., will know the appropriate direction.
>> case playback

47-year-old Chang Lin Feng is China's electronic newspaper deputy editor, his wife Ma Yan (a pseudonym) is the Central University of Finance and teachers.
City in the Court of First Instance found: May 16, 2007 early morning, often at the Central University of Finance Lin Feng Jia Shuyuan home, and 42-year-old Ma Yan's wife after an altercation, often hand-Lin Feng Ma Yan brief pressure on the neck, caused by Ma Yan mechanical suffocation. Chang Feng Lin after the horse's body will be transported to the cell floor corridor of fire burned his body, causing fire, burns two neighbors,mbt Kafala Shoes, one of them was identified as seriously injured.
last May, Chang Feng Lin was the first instance of intentional homicide, arson sentenced to death, suspended for two years. Chang Feng Lin appealed against the verdict.
Chang Feng Lin first trial that his confession of guilt based on, from torture and Gong. To this end, in the case of Lin Feng often a pre-trial investigation of the Interpol and specialized personnel to testify in the second trial, saying they and their colleagues are in accordance with the law, not often Lin Feng torture. (edit: SN047)
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