周三,一辆警车离开上海第一中级人民法院。力拓四名员工涉嫌窃取商业 秘密的案件在这里审理。
律师表示,针对力拓(Rio Tinto)四名员工涉嫌受贿和窃取商业机密一案的审理已于周三结束,法院未当庭进行宣判。
A trial of four Rio Tinto Ltd. (RIO.AU) executives in Shanghai concluded Wednesday without immediate word on a verdict, lawyers said.
在此次历时三天审判中,包括澳大利亚籍公民胡士泰(Stern Hu)在内的四名力拓销售人员被控受贿约1,125万美元,并窃取了商业机密。律师及其它旁听的人透露,本案周一开庭时所有四名被告都出人意料地承认收取 了现金,尽管他们对一些指控的细节问题提出了反驳。本案可能会就一些指控给出有罪判决。
The three-day case against the four Shanghai-based Rio Tinto executives, including Australian national Stern Hu, involved allegations the mineral salesmen separately accepted around $11.25 million in bribes and stole unspecified commercial secrets. Likely ensuring guilty verdicts on some counts, the case opened Monday with the surprise acknowledgement from each of the men that they accepted cash, lawyers and others present said, although some of the accused disputed details of the accusations.
律师说,法庭休庭时并未透露何时宣判。
The court adjourned with no word on the timing of a verdict, lawyers said.
就在庭审结束前不久,澳大利亚外交部长史密斯(Stephen Smith)在一个广播节目中说,预计上海法院将在几天内宣布判决。
Shortly before the trial ended, Australia's Foreign Minister Stephen Smith told a radio program Wednesday that a verdict could take 'some time, a matter of days.'
作为一家英澳矿业企业,力拓是在中国最能挣钱的外国公司之一,去年销售收入达到了106.9亿美元,而且去年7月时对上述四名员工的逮捕也引起 了其他跨国公司高管的关注。这四人最初是以犯有间谍罪之名被中国司法机关逮捕的,当时力拓与铁矿石的主要买家以及中国国有企业、公司最大的单一股东中铝公 司(Aluminum Corp. of China)之间的关系正是紧张之际。
The Anglo-Australian miner Rio Tinto is one of the most profitable foreign companies operating in China, generating $10.69 billion in revenue last year, and the detention of the men last July has been a concern of executives for other multinationals. The four were detained by Chinese authorities, initially on suspicion they were spying, at a tense time in relations between Rio Tinto, the major steel producers that buy its iron ore and the company's single largest shareholder, state-controlled Aluminum Corp. of China, or Chinalco.
在他们被捕后一个月,北京方面降低了案件级别,去掉了有关间谍罪的部分,此后一直称力拓案件是一起不涉及政治问题的商业案件。力拓方面最初坚称 员工一直没有违反职业操守,但近来已经拒绝就调查和案件发表评论了。
About a month after the men were first detained, Beijing downgraded the case by appearing to drop the national espionage allegations and has ever since contended it was a non-political, commercial criminal matter. Rio Tinto initially said its employees have always acted ethically but more recently has declined comment on the investigation and case.
澳大利亚政府并未讨论中方审判澳籍公民的法律依据,但呼吁法律程序能够做到透明,同时对中国拒绝其外交官旁听审判一事表示了遗憾。本案被告并未 发表声明或公开露面。
Australia's government hasn't discussed merits of the case against its citizen, Mr. Hu, but called for a transparent process while expressing regret that its diplomats were shut out of part of the proceedings. The accused themselves have not issued statements or been seen in public.
中国法庭并未设立陪审团来裁决此案。判决将由上海第一中级人民法院以刘欣(音)为首的三位法官做出。他们并未公开发表评论。
In deciding the case, no jury is involved. The case is now in the hands of the three-judge panel at Shanghai No. 1 Intermediate People's Court that heard it, led by Judge Liu Xin. They have made no public comments.
早在胡士泰等人认罪之前,人们就普遍预计会有一些罪名得到确认。中国法庭很少做出无罪判决。分析师人士认为,在不考虑法律依据的情况下,认错是 一种谨慎的选择,因为彻底否认指控有可能招致更严厉的判决。
In deciding the case, no jury is involved. The case is now in the hands of the three-judge panel at Shanghai No. 1 Intermediate People's Court that heard it, led by Judge Liu Xin. They have made no public comments.
一位澳大利亚外交官说道,胡士泰部分承认了有关他分两次收取了价值约93.5万美元贿赂的指控。
On counts against him that he accepted two bribes totaling about $935,000, Mr. Hu 'made some admissions concerning those bribery amounts,' an Australian diplomat said.
分析人士说,中国很多案件的判决都被认为受到了政治的操纵,很少有迹象表明备受关注的力拓案在这方面有任何不同。
Verdicts in many Chinese court cases are thought to be politically crafted, and there was little indication going into the high-profile Rio Tinto case that it would be any different in this regard, analysts said.
纽约大学(New York University)法学教授、中国司法制度权威科恩(Jerome A. Cohen)说,最重要的问题是,谁才是真正的决策者?科恩在此案庭审前的一次采访中表示,中国法官常常更像是“行政听证官”,而不是最终决策人,而且法 官可以有多种方式察言观色。
'The most serious question,' according to Jerome A. Cohen, a New York University law professor and authority on China's legal system, is 'who is really making the decision?' In an interview before the trial got underway, Mr. Cohen said Chinese judges are often more like administrative hearing officers than final decision makers and 'there are many ways judges can learn what to do.'
分析人士称,中国法律对刑罚可能规定得非常具体,但由于指控的细节并不为外界所知,所以很难估计有罪判决过后会处以多长时间的刑期。例如,据意 大利那不勒斯东方大学(Istituto Universitario Orientale)中国法讲师萨皮奥(Flora Sapio)称,在涉及不超过100万人民币(合14.5万美元)、并且不涉及政府官员的受贿案中,有罪判决的刑期可能在五到15年。
Chinese law can be highly specific about penalties for crimes, according to analysts, but because specifics of the charges aren't known it can be difficult to estimate how much jail time might follow a guilty verdict. In cases involving acceptance of bribes of up to 1 million yuan, or $145,000, and not involving government officials, for instance, a guilty verdict can result in a penalty of five to 15 years in prison, according to Flora Sapio, a lecturer on Chinese law at Istituto Universitario Orientale in Naples, Italy.
力拓案分为涉嫌收受贿赂和涉嫌窃取商业秘密两个部分。两项指控都没有得到多少公开说明,案件有关商业秘密的部分完全秘密审理,没有任何旁听者。 被告及其律师预计会出庭并能够辩护。
The case was broken into two parts, allegations the four Rio Tinto employees accepted bribes and that they stole industrial secrets. Little has been spelled out publicly about any of the accusations and the commercial secrets aspect of the case was conducted entirely in secret with no spectators. The accused and their lawyers were expected to be present and able to answer the charges.
除了胡士泰以外,其余三位力拓员工分别是刘才魁、葛民强和王勇。他们的律师分别是陶武平、翟建和张培鸿。记者周三无法联系三位律师置评。胡士泰 在本案中由谁代理仍不清楚。
In addition to Mr. Hu, the Rio Tinto employees are Liu Caikui, Ge Minqiang and Wang Yong. Their lawyers are Tao Wuping, Zhai Jian and Zhang Peihong, none of whom were reachable for comment Wednesday. It remains unclear how Mr. Hu was represented in the case.
周一,第一天的审理结束后,刘才魁的律师表示,刘才魁承认收受贿赂300万元,约合43.8万美元,此外他没有透露更多细节。葛民强的 律师表示,葛民强将对收受两家未具名钢铁公司600万元贿赂的指控提出抗辩,说数额更接近于200万元。
After the first day of testimony on Monday, Mr. Liu's lawyer said his client admitted receiving 3 million yuan, or about $438,000, without providing more details. Mr. Ge's lawyer said his client would contest allegations he received 6 million yuan in bribes from two unnamed steelmakers, saying the amount is closer to 2 million yuan.
同在周一,王勇的律师说,王勇承认他拿到了900万美元付款,但表示这笔钱是货款。律师说,对王勇的指控涉及中国最富的民营钢铁生产商之一山东 日照钢铁公司的实权人物杜双华,但他没有就这一关联透露进一步的细节。日照钢铁公司周三表示无法让杜双华置评。中国三大国有媒体的记者获准进入法庭旁听至 少部分审理过程。外国记者被拦在位于沪西的法院栅栏外。
Also Monday, Mr. Wang's lawyer said his client conceded he accepted a payment of $9 million but that it was for products. The lawyer said allegations against Mr. Wang touch on one of China's wealthiest private steelmakers, billionaire Du Shuanghua, who controls Shandong-based Rizhao Steel Co., but the lawyer offered no details to characterize that link. The company said Wednesday that Mr. Du wasn't available for comment. Reporters for three major state-run Chinese publications were admitted to the court for at least some of the proceedings. Foreign reporters weren't permitted inside a fence around the courthouse in western Shanghai.