Attorney: No Legal Basis for Charge with False Evidence Given

July 15, 2015 | By a Minghui correspondent from Shanxi Province, China

(Minghui.org) Falun Gong practitioner Mr. Wang Bingde was unlawfully tried by the Cheng District Court in Yangquan City at 9:00 a.m. on July 2, 2015.

The attorney, hired by Mr. Wang’s family, argued that the physical evidence presented by the public prosecutor was fallacious and illogical and that there was no legal basis for the charges against Mr. Wang.

Legality Questioned

The attorney argued that the charge which was based on Article 300 of China’s Criminal Code, “Using a cult organization to undermine law enforcement” had no legal basis because the Article did not apply to Falun Gong practitioners and that practicing Falun Gong is not against the law.”

The attorney further stated that there was no existing Chinese law that defines Falun Gong as a cult. The so-called regulations by the Ministry of Civil Affairs of the People’s Republic of China cannot replace existing Chinese law. The agencies that make the list are not law-making body and have no legal authority to dictate what’s a cult.

False and Illogical Physical Evidence

During the trial, the prosecutor presented physical evidence to underline his case against Mr. Wang, including Falun Gong books and DVDs, three vessels for burning incense and several mobile phone cards. The attorney said that it was ludicrous to present such items as physical evidence. The incense vessels are used to worship ancestors or the founder of Falun Gong and phone cards are used to make phone calls. Possessing such items violates no laws.

On behalf of his client, the attorney stated that Mr. Wang does not violate existing Chinese laws by persisting in his belief in Falun Gong and letting people know about the persecution.

Mr. Wang said in his own defense: “It is not wrong to cultivate Falun Gong and follow its principles of Truthfulness-Compassion-Forbearance, which requires that one is a good person. Furthermore, it is not wrong to tell people about the persecution of Falun Gong. I plead not guilty of the charges levied against me by the prosecutor.”

The public prosecutor remained silent throughout the trial.

Mr. Wang was arrested at home by officers from the Yangquan Police Department and Nanshan Police Station around 10 p.m. on January 19, 2015. The police ransacked his home.

Chinese version available

Category: Accounts of Persecution

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