Two Chinese citizens to buy chips by the U.S. military trapping agents
correspondent was informed from the authorities: September 2, Budapest, Hungary, the city court against two Chinese citizens provisional arrest and extradition conditional on the establishment. Now it seems that Chinese citizens both grand and Li Li Xian was extradited to the United States, it seems a foregone conclusion.
Beijing Normal University Institute of Criminal Law Professor Huang Feng told reporters that such incidents occur frequently in recent years.
2007, China’s Hunan Yuan Hongwei, an entrepreneur with a U.S. company has intellectual property disputes, was lured to the other party to negotiate on behalf of the British arrested. Yuan Hongwei Yin Lundui later, a court on an arrest warrant in the name of phonetic spelling errors lucky enough to return home.
3 years, Chinese citizens of the United States trapping happen again. This time, involved two Chinese people not so lucky.
airport in Hungary, was arrested
2008 year, Chinese citizens from the Internet, the great constitutional British aerospace company BAE selling a PROM chip, The advanced chip performance, is an alternative storage device.
magnificent constitution is in the computer industry, the chip of interest are not rare. So he passed the message to its U.S. branch sales manager Timothy Scott to get in touch, asking the possibility of buying the chip.
Timothy active and strongly recommend the U.S. Habor Trade International (HTI) companies, and stressed HTI company BAE Systems in the great constitutional area (China), the sole distributor, very happy to meet the region’s procurement requirements.
2009 April, began with the great constitutional head of HTI’s Malcolm Lee by e-mail and telephone contacts overseas. In the contacts, Malcolm Lee has repeatedly made clear that: he and his company in international sales of these products very capable, that if the relevant products related to U.S. export license, he can find a suitable way to meet parties procurement requirements.
magnificent constitution has made it clear through the normal import declaration logistics companies in Beijing, delivery. However, this proposal was firmly rejected Malcolm Lee. When asked why, he did not directly explain.
2009 In October, the great constitutional and Malcolm Lee about the Internet into the 40 PROM chips intent to purchase, then pay by wire transfer of the first advance nearly $ 20,000.
2010 March, according to the recommendations of Malcolm Lee, the great constitutional Li Li and his companions met with in Jakarta, Indonesia. During the meetings, Malcolm Lee told them they could consider setting up branches in New Zealand export products.
2010 年 5 月, Malcolm Lee offered delivery in Hungary, that Hungary is the base for its Asian trading. He also asked to meet personally with the constitutional grand, very adamant that he saw himself, have not seen any third party, if not the great constitutional Hungary, he cut off cooperation. Meanwhile, Malcolm threatening to the first advance, urged the grand threat to the Constitution second tranche of export advances.
advance for fear of being embezzled, the great constitutional then pays the second advance payment, and Malcolm Lee agreed to the request.
2010 年 9 月 1 morning around 6:30, the great constitutional and Li Li arrived in Budapest, Hungary. So that they never imagined that, at the airport, they are not into the customs, he was arrested by Hungarian police.
traders American undercover agent
the day that two people were arrested on September 2, Budapest, Hungary, the city was quick trial court of the United States provisional arrest and extradition requests.
without informing the Chinese Embassy in court, flatly rejected ties with the Chinese Embassy asked the parties to the case in two Chinese people do not have time to hire a lawyer and forced to accept court-appointed counsel in the case, the trial began.
correspondent by the trial record to see, first of all, the trial judge to explain the international arrest warrant. Warrant said, PROM chip is a U.S. manufacturer of programmable read-only anti-radiation memory chips can be used for military and high-radiation environment of aerospace systems, such as outer space. The products listed in the list of U.S. defense articles and restricted weapons abroad and ITAR (International Traffic in Arms Regulations) in the.
magnificent constitution, and Li Li has been to realize that they are dealing with Malcolm Lee is American undercover agent.
as early as June 9, 2010, the United States Court for the constitutional grand and Li Li issued an arrest warrant. August 25, 2010, U.S. Department of Justice Office of International Affairs Criminal Investigation Bureau on secretly proposed to the Hungarian Government for the purpose of extradition of the two Chinese citizens on request for provisional arrest on the grounds that: they deliberately circumvent U.S. export control laws in an attempt to without obtaining any export license under the premise of buying a controlled micro-processing chip, in violation of the United States, “Arms Export Control Act” and the “International Traffic in Arms Regulations.”
and magnificent constitution and did not know Li Li began to limit the export of this product included in the list of weapons, although it was later told the undercover agent that they need an export license, but has been guaranteed to help them solve this problem. Constitution so grand and Li Li in a trap.
a one-hour trial
in the trial, the judge also told the two defendants, there are two types of extradition.
one is the defendant agreed to extradition. In this case, the process will be simplified, the defendant’s detention time will be shortened. The maximum time in custody for six months, but can be extended to two years depending on the circumstances. According to the agreement between Hungary and the United States, if the extradition documents not provided within 60 days, the accused can be released, but this does not mean that the 60-day expiration of the defendant must be released. Once they agreed to be extradited, they will not be able to recover the comments, and they will be based on evidence provided by the United States were detained.
the other is not agreed to be extradited. But they may also in Hungary, under the premise of the court to allow evidence to be provided according to the U.S. detention.
not get any legal assistance in the case of the great constitutional agreed to extradition. Li Li began to demand the extradition back to China, but the judge told him that the court can only be extradited to the United States, Chinese law does not work. Li Li also requested to contact the Chinese Embassy, ??said the embassy did not understand the views of the former can not make a decision, the judge said the ruling can contact the Chinese Embassy, ??and inform the defendant did not violate the laws of Hungary, should bear the legal responsibility from the United States. Li Li is no longer adhere to, agreed to extradition.
and court-appointed defense counsel, did not find any to meet the conditions to prevent the extradition, according to the description of two defendants, it is recommended to ease extradition procedures. The court-appointed translator did not explain any court proceedings and court documents, only to promote the great constitutional, Li Li signed his totally do not understand Hungarian documents.
this way, September 2, the court shall sentence the two defendants provisional arrest and extradition conditional on the establishment.
9 6, two of the defendants has commissioned a new lawyer and appealed, but the court held that, before the court appointed lawyer had given up the possible legal means to correct taste, therefore, according to Hungarian law, The new lawyer in this case do not have the appeal has been the conditions, dismissed the appeal.
correspondent noted, including the translation time, the trial only lasted for one hour.
It is reported that many such incidents have occurred since. Domestic traders had also seen a product on the Internet, with the production company contacted the United States, the other told him to attend trade shows to buy, provided in each other throughout the reception, the Chinese businessmen to buy the product the way to the airport to be told that no permit card, the product can not be taken away. Later, the business people know the reception staff are all FBI, this Chinese businessman’s lawsuit more than two years, and finally through the plea bargain, plea of ??guilty under the premise was able to return home.
U.S. citizen programs trapping serious violation of China
experts constitute individual rights of citizens and the state judicial violations of sovereignty double
moment to, both grand and Li Li Xian was extradited to the United States, it seems a foregone conclusion. In international criminal law experts, Beijing Normal University Institute of Criminal Law Professor Huang Feng seems that the United States and Hungary on the serious violations of due process of justice, making the two Chinese citizens in the slaughter of the situation.
serious violation of the program
First, according to Hungary, “International Judicial Assistance in Criminal Law” and Hungary and the United States signed an extradition treaty, extradition procedures in summary, extradited person will lose in the general case of extradition enjoyed “certain principles” of protection. In other words, once the simple implementation of extradition, the United States the right to Hungary without the consent of competent authority in the case of extradition before extradition of the person, not included in the extradition request to any other act criminal prosecution, to take coercive measures or its transfer to third countries.
simple extradition will be extradited because people lose “certain principles” of protection, the Hungarian law clearly states: Before you start simple extradition proceedings, the judge must inform the person sought and the legal consequences and warning risk. The Budapest City Court did not follow the statutory procedures for this.
second, according to Hungary “International Judicial Assistance in Criminal Law” Article 81, paragraph, and the constitutional court should be grand and Li Li were produced and sign the consent to extradition “single record.” Court also did not create this “single record.”
third, according to Hungary signed an extradition treaty with the United States provides: “If the offense is outside the field in the implementation of the requested State, when the law of the requested State in similar circumstances, the implementation of their crimes outside the territory shall be punished, it should allow extradition if the requested State without making the law stipulates that the requested State executive branch of government according to its discretion to allow the extradition. “
two Chinese were accused of acts outside the United States implementation, in accordance with the foregoing, if the Hungarian law provides for criminal prosecution of such extra-territorial behavior, can be extradited. However, according to the Hungarian criminal law, non-Hungarian citizens held overseas by the implementation of the act only three cases: crimes against the State, and crimes against humanity and acts of the Hungarian legal laws of the State are held accountable behavior. In other words, only when the constitutional grand and Li Li’s behavior in accordance with the laws of China and Indonesia should also be investigated for criminal liability, possible to constitute an extraditable offense, but the courts have not conducted any investigation.
Professor Huang Feng said: courts do not have and did not identify the alleged breach of conduct in the case law of the State, on the rush to declare the act in accordance with the conditions for extradition is not a sufficient basis, and it is very reckless.
violate internationally recognized principles of law
careful analysis of the whole thing, the yellow wind, told reporters: “Two Chinese people’s behavior only U.S. law unilaterally impose such a crime, not illegal in China and the United States trapping of individual rights of Chinese citizens and the judicial sovereignty of the double violation. “
reported, in accordance with internationally recognized principles of law, the United States the police can only investigation in its territory the use of secret means, if the investigation or in secret outside the “controlled delivery”, only for international crimes, and must be foreign government consent. U.S. Secret Service’s criminal investigation without their activities extend to the territory of China and Indonesia, both countries have constituted a violation of judicial sovereignty.
“is generally difficult to know whether a civilian technologies or products to be included in the United States banned the export of military supplies list. The United States Secret spider trap practice of Chinese citizens, not only Chinese merchants lost the sense of security, also let the whole world with the U.S. businessmen have lost a sense of security! “said Huang Feng.
and the trap to Why Hungary? Analysis of the industry, Hungary is the most liberal system of extradition, the extradition conditions is the most simple. It can be seen, the trapping behavior is carefully planned. (H red Lu Bin)