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Deceased in his lifetime and love children Steel peak photo courtesy families
Legal Evening News (Reporter Zhang Lei) & nbsp; & nbsp; two years ago, 32-year-old was taken away in the steel peak Henanxiangcheng Municipal Public Security Bureau police three days later, the family received a police notice, "in the steel peak in 2011 October 26 morning sudden illness, death foaming at the mouth "& nbsp;. & nbsp; & nbsp; & nbsp;
This event by the media as "vomit dead" with the latest developments. Reporters today that three police has been convicted Henanxiangcheng City Court constituted the crime of abuse of power,http://bbs.smnet.com.cn/home.php?mod=spacecp&ac=blog&blogid=, but were exempted from criminal punishment.
The deceased's family and attorney - Beijing is still the right law firm, both said Zhang Yu, in case they did not receive advance notice of the hearing of the court, the court and the court for sentencing on December 15 5 days in advance, in violation of the criminal proceedings method.
Cases playback
Young was arrested & nbsp; 3 days later died in police & nbsp;
Born in 1977 to a peak of steel, Dancheng Henan Teng Yi Road Town Village people, parents are farmers. During his lifetime, in the steel peak in Zhengzhou fruit business.
To the steel ring at the peak of his brother said, October 23,Louboutin à Bout Ouvert, 2011,Louboutin Baskets Femme, is in the steel peak grandmother died one hundred days of the day, go home to visit him in accordance with local custom. When the day 13 am, in the steel peak arrival Dancheng bus station, several items the city Public Security Bureau police to take away.
Three days later, the family learned that the peak in the steel, 26 October morning, in the steel peak sudden death in the City of the Public Security Bureau of Criminal Investigation Brigade office.
October 27, 2011, an information note issued by the City of the Public Security Bureau to the families mentioned: in steel peak reason was arrested because he was on October 22, 2011 morning, in terms of urban culture Road farmers market suspected theft of a van Wuling light.
"Henan Daily" also reported that the city public security bureau issued a Items Description said: October 22, 2011, police found the suspects in the theft of steel peaks, the next day and arrested him. Feng confessed in steel together with others since September 2011 many facts of the crime of theft of the vehicle.
To the steel ring at the peak of his brother, he said: "After the event,http://www.he265-1375797.adminkc.cn, the government expressed the hope that the family had to find reconciliation and compensation, but the amount can not be laid down unanimously, and later did the news."
Dead body is injured & nbsp; & nbsp; families suspected to have been torture
October 29, 2011, after repeated requests from the families of the funeral home to see the body in key cities in the steel peaks. In the ring, he told reporters that the bodies had multiple injuries, his hands were black and purple, wrist and leg Le Hen.
"We suspect that my brother suffered torture." In the ring, "said brother height 1.75 m, weight 85 kg. Died physically fit, no heart disease, no high blood pressure, without any genetic disease."
Reporters learned from in the ring at, has family members still did not get any written appraisal report the cause of death. "At that time the Public Security Bureau police just to my father read a bit, saying in the steel peak four broken ribs, pulmonary thromboembolism caused by acute respiratory and circulatory failure and death."
Agents for steel peak families,http://web.thu.edu.tw/kudo/www/bbs/yybbs/yyregi.cgi, the Beijing lawyer Zhang Yu is still right that the police then peak for steel coercive measures taken under residential surveillance. But location is not in the steel peak of home, but the Office of Criminal Investigation Brigade.
The law: residential surveillance should be performed in the suspect, the defendant's residence; no fixed residence can be performed at a specified residence. Shall places of detention, a special place for the implementation of the investigators. Assigned residence residential surveillance, in addition to not be notified, shall, within 24 hours after the implementation of residential surveillance, notify the person's family under surveillance.
Hearing in advance
Lawyer: court judge agreed to the original time
Lawyer Zhang Yu told reporters, after the cases to the trial stage, myself and another lawyer of the families of the Liu Yuan have represented to the court mediation, also conducted talks with the judge on this.
"The morning of the 12th of this month, I received a phone Xiangcheng court, represents the mediation was not supported, the case is scheduled for Dec. 20 hearing." He said.
After determining the court date, are in Beijing lawyer Zhang Yu immediately booked a December 18 Beijing Zhoukou K401 bound train tickets.
But 12 afternoon, Zhang Yu lawyer again received Xiangcheng court's phone, said to advance to the Jan. 15 hearing. Zhang Yu lawyer said: "I was already on the 15th showed that other arrangements and bought a train ticket to go to item 18, the city judge finally agreed to remain on December 20 hearing.."
Five days in advance of the deceased family members said they had not received the notice
December 16, 2013, at the peak of his father came to the Steel City of the People's Court to submit material, saying the judge let the 60-year-old man suddenly froze: "You come late, yesterday opened a court These materials should be submitted pre-trial. "
Originally scheduled for the 20th of this month in advance of the hearing why suddenly? Steel peak in Mongolia's father.
"Lawyers do not know, we do not know the families." In the ring, told reporters, "Chen mine judge of the court has said that he gave my father sent a SMS notification, but my father was illiterate, others are carefully searched his father's phone, the judge said no piece of text messages. "
In the ring, he said: "In fact, there are many ways they can reach us, call, send text messages, and even contact the township government and the township police station will do."
Zhang Yu said that the incident from October 2011 indictment, took two years, but the indictment to the court verdict, only took more than a month.
Court
The three defendants had no objection to the prosecution allegations
Yesterday, at the peak of the families got the steel verdict of the court. Reporters also through different channels to get the instrument.
Verdict shows that Zhang Xianghua is key city Public Security Bureau of Criminal Investigation Brigade president and a deputy brigade commander, Marion City of Hebei Public Security Bureau of Criminal Investigation Brigade is a deputy squadron commander, Liu might be key city public security bureau Interpol brigade, a squadron of investigators.
Item City Procuratorate accused, in October 2011, the three defendants in the investigation in the steel peak on suspicion of theft crime case, the suspect in the steel peak illegal timeout subpoena, illegal residential surveillance coercive measures implemented, so that in the steel peak October 26, 2011 early morning sudden illness, he died.
After causing People and other media reports, resulting in adverse social impact.
According to records the verdict, the trial process, the three defendants are accused of crimes against Procuratorate no objection. lawyer said the defendant is the Executive Bureau of the order, adverse social impact does not exist, in July 2012 after 31 on the media basically no reports, previous reports is due to the authorities do not open and transparent due.
The lawyers believe that the defendant's conduct, although abuse of power, but still fall far short of a crime.
For the convenience of Figure & nbsp; & nbsp; residential surveillance office at the Criminal Investigation Brigade & nbsp; & nbsp; & nbsp; & nbsp; & nbsp;
According to Zhang Xianghua confession, execution venue residential surveillance should be a hotel, the executor should police; but in order to facilitate handling the case, the actual implementation in the Office of Criminal Investigation Brigade, executor, and the Criminal Investigation Brigade police patrol team.
Ma Liang Ji confessed to steel himself and other police peaks are caught together, he also confessed the theft of seven van, stolen money for my drug abuse situation. He said that the implementation of a given location is Zhang Xianghua, and arranged for them to do, they know doing so is inconsistent with the law.
According to detain people Zhou testimony, at 23:40 on October 25 or so, in the steel diarrhea Feng said,http://66.154.116.54, the result of a spit into the toilet. A few minutes later, he returned to the office, sitting on the ground foaming at the mouth, Touyi Wai fell to the ground.
After that, things will be reported to detain persons , after playing a doctor to 120.120 after the rescue, but people have to die to the hospital.
Zhang detain personnel testified that at that time in the steel peak sat the examination chair, one hand cuffed. At 23:00 more to the toilet, "the body a little shake his face sweat" in the toilet outside could hear the sound of vomiting.
But defendants and all the witnesses have said,http://112.124.14.136/forum/home.php?mod=space&uid=214804, during custody in the steel peak, did not beat him or against him corporal punishment.
Sa police abuse was established & nbsp; & nbsp; exempted from criminal punishment
The verdict is: the three defendants constitute the crime of abuse of power, but from criminal punishment,Louboutin Botte, the judgment date and court date, is December 15. In other words, the case is in court for sentencing.
The court held that the three defendants as the police, are not serious in accordance with the law in criminal proceedings, the suspect timeout summoned abuse residential surveillance coercive measures, resulting in adverse social impact, their behavior had constituted the crime of abuse of power, the prosecutor accused guilty. However, considering the three people have voluntarily surrendered themselves. Less serious crimes, can be exempted from criminal punishment.
Judgement also found that, in the steel peak at October 26, 2011 morning, died of sudden illness. After forensic cause of death was "pulmonary thromboembolism, caused by acute respiratory and circulatory failure and death."
Identified that the detection of morphine in the hair from the feed composition, does not rule out its lower limbs had in a long time limit active (such as sitting interrogation chair), concluded that the peak in the steel department of pulmonary thromboembolism caused by acute respiratory and circulatory failure and death .
"Family and I will not agree to this judicial appraisal. This avoids many of the key issues identified, and did not see evidence of qualification accreditation bodies." Zhang Yu told reporters.
Latest Development
Xiangcheng Court: court has notified the families
"Legal Evening News" correspondent telephone contact with the judge in the case, Chen mine this morning.
Chen mine, told reporters Dec. 12 that he had informed his father in the steel peak by telephone and SMS, "call is not connected, to send a text message notifications, including court time and place and so on."
For the families of the peak in the steel did not receive calls and text messages to say, Chen mine said: "I do not know why, you can go check communications company."
For peak in steel Chen family attorney and court time to change mine to discuss the matter, Chen mine represents true, "I said to change the time to call him, he said no, but I did not agree, still tell him in accordance with time trial changed. "
Chen mine told reporters that he has fulfilled the obligation of advance notice. "I even went for steel peaks wife contacted, but his wife refused to appear in court."
This morning, reporters call in the steel peak wife's phone, but has no answer.
In steel peak brother told reporters that "after the accident, sister-in-law left the house, the telephone number is also changed, children and the elderly had no pipe. Where she is now, there is no re-married and we do not know."
Write police response
This morning, the "Legal Evening News" reporter also contacted the former Xiangcheng Public Security Bureau, political commissar Zhang state.
Zhang told reporters that the state,http://asayake.jp/thc/epad/epad.cgi, which has already transferred six months from the Public Security Bureau, now do not know the progress of the event.
Reporters asked Zhang state on the "vomit dead" case of the incident and other issues, he just said not remember, and has been removed from inconvenient to talk about.
Reporters then call the City of the Public Security Bureau publicity chief phone, but as of press time reporter, the phone has no answer.
Agents say
Are complaints & nbsp; & nbsp; also and their families to discuss
Yesterday, Zhang Yu lawyer to accept the "Legal Evening News" reporter, said that the court hearing in advance of a violation of the Code of Criminal Procedure Article 182, "three days before the hearing notice" requirement.
He believes that this denial of the right to counsel and close relatives of victims of serious violations of litigation practice.
Zhang Yu told reporters: "Not only that, the court verdict, the defendant was sentenced to reason this crime section, that too far-fetched and, throughout the judgment made no mention of whether the family of the deceased and lawyers arrived at the scene, why did not show up. "
He said that under the law the victim no right of appeal, and now he can only discuss their families, is a direct appeal until after commencement of the sentence,http://www.acga.net, or to the requirements of the prosecution's Procuratorate protest.
Expert opinion
For this case, the Criminal Procedure Law of China University of Politics and Law Professor Hongdao said that in criminal cases in the process, the victim may be present at the proceedings.
Among the case, the court had to contact a lawyer, consult the hearing time was changed to 15, and as an agent of victims in criminal cases and civil cases that came in two parts lawyer, has made clear that the 15th hearing their own inconvenience, and has done 20 day trial preparation,http://www.okaki.ne.jp, that the Court rejected the proposal.
In this case, the court should consult a lawyer and victim court time.
You can "illegal procedure" as an excuse to draw the prosecution protest & nbsp;
During the interview, one said to the court in the steel peak father sent a text message on hearing rescheduled, but the latter said that did not receive.
Hongdao introduced, according to article 182 of the Criminal Procedure Code provides that the court determine the date of the hearing,Louboutin Escarpins, the court should be the time and place inform the People's Procuratorate, summon the parties and notify the defenders, agents ad litem, witnesses, experts and interpreters, and summons and served notice no later than three days before the hearing.
Public trial of the case, the hearing should be announced three days before the cause of action, defendant name, court time and place. & Nbsp; & nbsp; & nbsp; & nbsp; & nbsp; & nbsp;
In this case, the court hearing the actual time of 15 days, in accordance with the law, shall inform the court time in the 11th personnel. "Obviously,Louboutin Plates-forme, the court was told the lawyer 12 pm time making a change, has been a violation of this provision, from the program have been illegal." Hongdao told the "Legal Evening News" reporter, the victim's family can be "violated the law" as an excuse, drew to Procuratorate protest, he asked to re-hear the case.
Text / correspondent Zhang Lei Goal Orientation |
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發表於 2015-6-18 06:00:55
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