Paragraph 2 of Article 243 of the Code of Criminal Procedure stipulates: 'The Supreme People's Court has the judgments and rulings on legally effective people's courts at all levels ... it has the right to put forward a trial or order a lower people's court to retrial if it finds any errors.'
This will be Gu Chujun's unforgettable legal provisions - On December 28, 2017, the Supreme People's Court decided to consider the case of Gu Chu Jun based on the above provisions. On the next day, Gu Chu Jun accepted the "Daily Economic News" reporter's interview with a meaningful Said: "I tried a little more in the last few years and are now exhausted. When I despair this is coming down, I want to thank this situation."
10 years complained that the road every place
At 2400 hours on December 29, 2017, Gu Chujun and the Daily Economic News correspondent met at Harvest Building in Haidian District, where the former 'capital predators' who have been near the Hailian have had gray hair and faltered somewhat. However, After receiving three media interviews still no significant fatigue.
'10 years, and finally hopefully, I have been complaining from the second instance, until now 10 years, released from prison for 5 years in 2012.' Gu Chu Jun said.
He was looking forward to the Supreme Court's 'Notice of Retrial'. "About a little over (9/28/2017 AM) A friend called me and said, 'Your case is retrial?' I was surprised. Saying, 'I do not know, how did you find out?' He said the news was out and I said 'You hurriedly sent the news in.' When I was reading the news, the Supreme Court called me, Let me go to the trial verdict at three o'clock in the afternoon. "One day passed and he remembered that he still could not hide his smile when he heard the retrial.
'Gu Chujun case' has been widely concerned by the outside world, and Gu Chujun achievements in the capital market are not unrelated to the beginning of this century, Gu Chujun founded the 'Greencool' strong momentum, the heyday control of five listed companies and has Kelon, Rongsheng, Meiling, Ginuoer and other refrigerator brands, sitting in the refrigerator half of the Chinese market in. In 2003, CCTV for Gu Chu Jun presented China Economic Person of the Year award in early 2004, Gu Chu Jun boarded the 'Hurun Capital Control 50' With the list of Liu Chuanzhi, Ding Lei, Zhang Ruimin and so on.
But from infinity to the beleaguered in just one year.In 2005, Gu Chujun was arrested on suspicion of false investment, false financial statements, misappropriation of assets and job encroachment, etc. In 2007, Greencool delisting in Hong Kong, 'Green In 2008, Gu Chujun was sentenced to 12 years' imprisonment and a fine of 6.8 million yuan for misappropriating funds due to the crime of falsely reporting the registered capital, illegally disclosing and not disclosing important information.
Gu Chujun recalled to the Daily Economic News reporter that after the second trial came down, he wrote a petition in prison until his release from prison in 2012 and formally filed a petition in 2013. The Supreme Court of 2014 instructed the Guangdong Higher Court of Appeal to accept the retrial, but since then, Delayed more than ten times.
'A few years ago I tried a little bigger and have now been exhausted, and when I despair this came down, I want to thank this situation.' About this hard-won retrial notice, Gu Chujun laments.
'My public company should give it back to me'
According to the Supreme Court disclosed in the official website of the news, the retrial of the three cases in addition to 'Gu Chujun case', but also the original Womens Holdings Group Co., Ltd. Zhang Wenzhong fraud, unit bribery, misappropriation of funds (hereinafter referred to as Zhang Wenzhong) , And Li Meilan and Chen Jiarong and Xu Ronghua confirmed the dispute over the invalidation of the Equity Transfer Agreement. Among them, the case of Gu Chujun and Zhang Wenzhong were directly examined by the Supreme Court.
'Retrial will not necessarily' turn the case ', but from the point of view of the cited law, the supreme law apparently believes that the trial hearing of the trial case of insufficient evidence or application of law is wrong, from this perspective, I think the possibility of a retrial Sex is great. 'Beijing Kyoto law firm director, senior partner Zhu Yonghui lawyer told reporters.
'This is a very strong signal that the judicial implementation of the relevant policies on the protection of property rights and the protection of the rights and interests of private entrepreneurs not long ago has often taken the liberation signal from the rectification of typical cases so as to promote the full implementation of judicial policies I think these three cases should take full account of this need, and I think the three cases themselves are very representative. "Zhu Yonghui told the Daily Economic News reporter.
Zhu Yonghui lawyer for many years engaged in economic dispute defense litigation, acting as many private entrepreneurs similar cases. 'From my feelings, our retrial more and more substantive' However, Zhu Yonghui also said that the highest The choice of 'trial in court' also shows that the judicial system is still having a hard time correcting errors. 'Our trial court rarely has the courage to recognize and correct its own mistakes.'
In accordance with the provisions of the retrial period of no more than 6 months, Gu Chu Jun said that as retrial 'injustice is about to come to the truth' It is worth mentioning that in 2006, Gu Chujun was 'banned from the implementation of a permanent market', even if released from prison is difficult to securities Market again Shi fist.
If re-trial 'reversal', Gu Chu Jun will apply for compensation, whether there is still courage to return to the business? 'I just want to take back the losses at that time.' Gu Chu Jun told the Daily Economic News reporter, 'My listed company should also Give me. 'In addition,' Kelon Electric, holding my patent to produce air conditioners, will certainly compensate me. '
Gu Chujun also said that compensation is not the most important moment, the most important thing is the case come and go.And comeback, Gu Chujun no longer prime of life, the appliance industry has also been a drastic change.Now he is waiting for the final conclusion, while planning Everything is settled after the game. 'Not necessarily into the field of home appliances, but it will certainly be in the manufacturing industry.' Gu Chu Jun said.