標題: Procuratorate and what you think [打印本頁] 作者: alksf00ug 時間: 2015-7-15 16:53 標題: Procuratorate and what you think After five first-instance verdict four remand reprieve from the death penalty to imprisonment and then
Outstanding female students murder eight years
Eight years in the hospital five times verdict, the High Court sent back four times. Reprieve from the death penalty to sentencing, to have a reprieve from the period, Shanxi Hongdong happened eight years ago, female students murder case suspect back to life, but the victim's family were extremely chilling. Until now, the judicial process is still in progress
The rule of law Weekend reporter from the bottom of Linfen Applicated in Winter
February 21 each year, song of Shanxi Normal Town Village, Hongdong farmers Shuang remember, Ma Fuying, it is a sad day. Because this day is the anniversary of the little girl Lirong Jian. Eight years ago on this day, is the Dalian Institute of Translation college daughter was killed, and postmortem jianhe in. That year, she was 21 years old.
8 years ago, as a mother almost cried Mafu Ying blind, but every day she was to go to the intersection to see, because she always thought her daughter would suddenly come back one day.
While Shuang remember the couple, this year's February 21, they are particularly sad, accused of rape, murder suspects chestnut Lirong Jian Hua, Linfen Intermediate People's Court ruling was denied. This is tantamount to saying that her daughter's case became a head case. They felt unable to give an account of her unjustly. And more than seven years before that, the Linfen in institutions for the fourth judgment are identified chestnut China is killing killer.
Girls suffered postmortem suspects involved in several cases
At 17 o'clock on February 21, 2004, Shuang remember the little girl Lirong Jian Ma Guiying home from aunt went out to the train station to buy tickets, prepare the next day back to school. At this point, she is Dalian Institute of Translation a freshman in college. Who would have thought that she would never go back. So looking Lirong Jian's family, to no avail, 24, uncle Liang banner report.
February 27 morning, Hongdong County Public Security Bureau's 110 command center received a rapid alarm call. Police rushed to the county is located east of Stream flood the scene. I found a naked woman's body in the water, after examination of the corpses, and for technical appraisal, the police believe that naked body of a woman had suffered sexual assault, killed after being raped postmortem.
After investigators and technical staff survey found that the deceased neck Le Hen obviously recognized as strangulation death, and place where the body is not the first crime scene, from the scene of the survey, the police found the deceased in addition to leaving a beyond the first flower, and drag marks on the field found on the ground, the other nothing.
Police launched an investigation visits, quickly informed the Lirong Jian's family to identify the corpse, the result is the Lirong Jian.
Killed female students Lirong Jian cases quickly uproar in Hongdong County, the county and the people talk about the case when the surrounding villages are full of fear. Public Security Bureau set up a "2? 21" task force. Since the place of the dead were found not the first crime scene, plus the dead bodies in a small stream, the site did not leave any useful clues in detective work when in trouble, the police task force around the crime scene and found that there were several suspicious footprints, this finding make the case a turning point.
In order to extract clues from the detection of the footprints, the police from the Provincial Public Security Bureau invited experts identified footprint added to the task force, under suspicious footprints left at the scene of a comprehensive analysis. Footprint expert for Public Security Guo Hua was concluded that this person height between 1.75 m to 1.82 m, around the age of 30 years old.
But after three months on the three towns 15 villages carpet investigation, the case is still not the slightest progress. Then by the end of May, the police detective work to adjust the direction, decided to focus Mopai rape had occurred surrounding area, for the victims who did not report the found clues. July 16, the case has been a breakthrough. Police at the scene south stream Hashimura investigation, when I heard a few days ago, a girl was raped. After many setbacks, the police finally found the girl.
The victim after the incident due to various concerns, not reported. By doing the work, the victim cried JIANG July 13 after being raped. She said that criminals were hooded and raped her,http://cq.kdnet.net/home.php?mod=space&uid=14047, also asked her for a phone number.
From JIANG description, the police learned that the suspect also used strangulation modus operandi, and the "2? 21" cases are very similar. So "2? 21" rape and murder whether the same person? Police extracted JIANG suspect's phone number, by Jizhen means,Doudoune Moncler, found a suspicious person named chestnut China.
Although, the police finally identified the two rapes July 13, 2004 and December 26, 2003 is the Chinese chestnut is, but there is no evidence that chestnut blooms and "2? 21" is directly related to rape and murder. In order to not miss any clues, Hongdong County police again brought footprint expert on Chinese chestnut footprints simulation experiment was concluded that the site footprint is chestnut leave China, July 27, the experts made the technical appraisal of the book criminal.
Media reports said the case was, after approved by the evidence of experts, the police task force was China again chestnut Tushen, July 29 morning, Chinese chestnut confessed the crime.
Chinese chestnut, then 30 years old, Hongdong large tree fort town Sheen who is a self-employed ornamental fish sold, is married and has two children.
"2? 21" after the detection of cases,air max pas cher, like the New Year as Hongtong county, the people clapping and cheering. Hongdong television have been reported, in the television screen, chestnut Hua also identified the scene of the crime.
Suspects arrested allow Lirong Jian's family felt a little comfort, Shuang remember the couple returned to the Public Security Bureau sent a heavy case team banner.
Court sentenced the suspects back to life on May 7
According to media reports then, through the trial, chestnut China also explained in the fact that within six months a total of 6 raped women. However, due to unreported, could not find the victim, the police finally identified four cases.
The first took place on December 26, 2003. According to the indictment allegations, 8 o'clock that night, near Hongdong County South Loop Manor Newbridge,peuterey prezzi, chestnut Chinese motorcycle, followed the passing women here Zhang Xiaoying, after Zhang's neck with a tie trap drag stream dam , and with the blade intimidate Zhang took out 500 dollars, then Zhang rape. After that, Li and Zhang say home address and forced to hand over the house keys. After Zhang's clothes stripped down, with a blade to tie cut into two parts, each tied Zhang's hands, feet, placing it next to a canal, throw down clothes Zhang sneaked Zhang fled the scene and stole Value 488 yuan of a cell phone and health products boxes.
The second play is suspected of rape murder Lirong Jian.
The third occurred in April 11, 2004. 9 o'clock that night, chestnut China in Taiyuan railway station waiting ready to purchase. More than one hour late due to the train, the station stroll he saw women's term Ling riding a motorcycle passing, the speed is very slow,http://bbs.laofoye.cn/forum.php?mod=viewthread&tid=163663&fromuid=38518, followed him, with a prepared rope around his neck items, people and cars to the nearby hostage groves, stole 670 yuan in cash, and then drag the item to the ridge edge of the entry rape. Then he opened the box on a motorcycle,tn pas cher, fled the scene after stealing unsuccessful.
A fourth is the "7? 13" this together. 9 o'clock that night, during the Chinese chestnut South Bridge Night Market to eat in the county and found one girl JIANG walking, they followed to the nearby elementary stream bridge, from the back of the neck with a vest reined JIANG, and threatened at knife, which was held hostage to the nearby A private house behind, forced sexual relations with her. Meanwhile, through his identity card look JIANG know her name,http://www.zijieshangmao.com/news/html/?156426.html, and wrote down her phone number. Before leaving, also told Jiang Hong said, "you have the money to spend it, I'll give you no money,chaussures louboutin hommes, and then contact you." 20:30 the next day or so, using a friend's cell phone to Li JIANG dialed the phone twice. China Mobile (microblogging) Telephones record sheets are on the record. Chestnut China this "effect" helped police a lot. "2? 21" rape and murder thus solved.
December 8, 2004, Linfen City Procuratorate to the Linfen Intermediate People's Court on the above four cases, Shuang remember the couple to file an incidental civil action. August 10, 2005, Linfen Intermediate People's Court ruled that the prosecution recognized the content of public prosecution, Chinese chestnut found guilty of rape and sentenced to death; guilty of robbery and sentenced to 15 years, graft, decided to implement the death penalty, and fined 3,000 yuan. At the same judgment Li Shuang remember the couple compensation for funeral expenses, death compensation totaling 58,263 yuan. Li refused to accept the appeal, the High Court ruled that remand. Linfen Intermediate People's Court collegial panel shall be formed, November 29, 2006 and for the first time made the same decision again, but commuted to become a civil compensation 65,636 yuan. Li appealed again to the High Court again ruled remand.
This time, the Linfen Intermediate People's Court did not persist in the end, although they are still the original prosecution of those facts, but the judgment of 28 April 2009 will be commuted reprieve Chinese chestnut. But China does not buy chestnut still appeal, Linfen City Procuratorate to lodge a protest, in the High Court during the second trial, the Provincial Procuratorate withdrew the protest. High Court remanded the case to the Third. October 4, 2010, Linfen Intermediate People's Court verdict 4th, Chinese chestnut still found guilty of rape, robbery and sentenced to death. Chestnut Hua 4th appeal,http://www.fzeyy.com/home.php?mod=space&uid=77021, the High Court remanded the case to the 4th.
We arrived at the November 10, 2011, Linfen Intermediate People's Court the fifth hearing the case, although still accused chestnut China Procuratorate crime everywhere, on suspicion of rape, robbery, but this time in the Court's attitude has changed a lot, only identified the December 26, 2003 and July 13,http://ssycjy.com/home.php?mod=space&uid=3077&do=blog&quickforward=1&id=20634, 2004 two cases. December 19, 2011, Linfen Intermediate People's Court of First Instance judgment Article 5 parts,http://cqboke.com/home.php?mod=space&uid=31229, rape and robbery were sentenced to 10 years in prison Chinese chestnut and 5 years, graft, decided sentenced to 15 years imprisonment and fined 2000 yuan; while not ruling chestnut Hua civil liability.
Hear the verdict, Shuang remember a person is simply ignorant. They did not expect, boil for eight years, until the results turned out to be so.
While the chestnut China, he was there from death to pull back. But ironically, the chestnut China still appealed.
Since the "insufficient evidence" why "see-saw" seven years
Changes in court attitude was commuted reprieve from chestnut China then, Shuang remember a person glimpses.
Court April 28, 2009 judgment of the Chinese chestnut commuted reprieve. Judgment said: "The accused China subjective vicious great chestnut, with particular cruelty, extremely serious consequences, should be severely punished according to the law, but according to the specific circumstances of the case, his death sentence can not be executed immediately." The same facts and evidence before He made the death penalty and reprieve different decision. "Specific circumstances of the case" refers to what is it? Reporter unknown.
According to the reporter, the Court of pressures from the High Court. 2005 The first judgment, the High Court on the "facts are unclear and insufficient evidence" remand. Reporters do have a December 21, 2009 the High Court to Linfen Intermediate suspected internal guidance letter (not sealed). This letter points out the problem of prosecution evidence on the existence of four cases. Which states that evidence of doubt Lirong Jian murder are:. "Scene investigation and autopsy reports record February 28 rape contents were not mentioned in the book", "no Moumou body and clothing of the site to identify the defendant within the volume recorded Victim boots and the back black packet did not specify the whereabouts of the scene did not find. "" Internalization no chestnut Chinese shoes extract notes and photos, there is no specific production chestnut China footprint plaster model and imprinting process descriptions, only the last of the appraisal report . "
Lingling was raped for items that case, this letter also pointed out the problem, "scene of the crime scene investigation is no record in the volume, there is no explanation about the site location."
This letter concluded: "Please note that the above contradictory evidence at the retrial, and for reasonable exclusion." But Linfen Intermediate People's Court on October 14, 2010 Kusakabe judgment remains that "the prosecutor accused guilty," Chinese chestnut Beipansihuan, and civil liability to Shuang remember the couple.
5 parts of the judgment, chestnut China commuted to 15 years. The same allegations found in the hospital before and after the Linfen how can such a big change? Reporters came to interview Linfen Intermediate People's Court. It is understood that the case between the Linfen Intermediate People's Court sentence of a court and criminal court two circling back and forth, each time the collegial panel are not the same. Reporters contacted the presiding judge of the fifth sentence of Hu Yuanfeng. He said that immediately go to the ancient county court, what inconvenience told reporters. But he said, Chinese chestnut and appealed, prosecutors have to protest. A local attorney familiar with Huyuan Feng told reporters that in this case, Hu Yuanfeng are helpless.
Shuang remember family is also very puzzled, since the High Court found the problem, why the continuous revision remand rather than their own?
Evidence for the High Court pointed out, Linfen Intermediate People's Court has not found or is dumb?
Sentenced to 15 years for the Chinese chestnut decision recently made by the Linfen Intermediate People's Court, Procuratorate and what you think? If they would protest? Reporters saw at Linfen City Procuratorate in court to support the prosecution of inspectors Xu Haiyan. But after he asked the leadership refused to provide any information to the reporter, just let reporters to the Provincial Procuratorate interview procedures.
But the attitude is very intriguing Provincial Procuratorate. After the Linfen Intermediate People's Court in April 2009 commuted reprieve Chinese chestnut, Linfen City Procuratorate filed complaints, but the High Court during the second trial, the Provincial Procuratorate withdrew the protest.
Murder eight years no solution who's to shame
Shuang remember one of the people, things seem to be back to the origin. Although the defendant appealed, the case there is no final conclusion, but they feel things have been significant changes in the wind direction.
Shuang mind told reporters after the verdict came out, he went to the county Public Security Bureau, an internal police man told him something harder, let him not find a. And this is also Procuratorate protest, he is not known.
In Hongdong County Public Security Bureau, the reporter did not see heavy case team to solve the case of the original officers. Office Lu Bao-hong told reporters: This is just the first trial, is not the final conclusion, not be evaluated.
Shuang remember a better understanding of the law's relatives told reporters that the case was appealed to the High Court Criminal Second Chamber. There are indications that things are quietly with China in favor of chestnut direction.
Shuang remember also speculation that things can come to this point, the family continued to appeal chestnut China also played an important role.
It is understood from the chestnut from China sentenced to death, his mother has been petitioning were Xiaofang, there is torture behavior reflects when police investigators that her son belongs to extract confessions. Chinese chestnut is also in the hospital are retracted in court the hearing everytime. For cases Xiaofang petition, Linfen City Procuratorate special investigation, and in June 2006 and August 2008 made two findings, that "there is no evidence of serious cases teams of police on the Chinese chestnut implementation acts of torture, so the defendant the investigating authorities in confession legitimacy can used as the basis. " Court two judgments have this written verdict. Nevertheless, the attitude of the courts has quietly changing.
Shuang remember friends and neighbors have wondered: 8 years, the case is not how it is judged that down? On the TV's case, how you can not identify the murderer? Judgment again, and again sent back, when is the head ah?
A relative Shuang mind that if the murderer is not a Chinese chestnut, that is who? Police can not break this case? Also how to break this case?
A local legal profession to the rule of law Weekend reporter said that on this issue, the three are responsible for public security. Since the High Court that "the facts are unclear and insufficient evidence" should not be tossing back and forth several times remand, waste time; in the hospital should be the early detection of problems, return the case Procuratorate. Procuratorates as the legal supervisory authority and the Public Prosecution Service, should the good customs,http://www.jbyyw.com/forum.php?mod=viewthread&tid=10453919&fromuid=382239, the police should take a review of the evidence; the police as the investigating authorities, it should be careful handling the case, you should not make the common mistake to let people grab. He said that a tripartite public security, as long as a department handling the case seriously, things would not do so passive, eight years no results.
He said the case is a typical reflection of some of the shortcomings of the criminal procedure system and in the actual implementation of the existing problems.
(Except , the other three cases the victims were not his real name)
Source: Law weekend
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