from the original five defendants, and later the nine defendants, almost all in the public security organs made confession of guilt. In fact, the nine accused, only HE Yu-shan and Chen Peifeng (Zhu Jifeng cousin) two, never to confess guilt. Chen June 11, 2007 has been detained at least six years, was "released from prison", and now still petition, "seek to innocence."
first hearing, Zhu Jifeng has produced a court clots of blood, a judge said was evidence of torture and beatings. And Wang Hongren also in the third trial in the fall to a judge to show his teeth.
2010 August, Wang Hongren, He Zhansheng and the other four defendants, respectively, accepted the newspaper reporters. They said he has been to extract confessions in the investigation stage, said had suffered "a large Various Artists", "Jiro Tam Hill" and "torture position," the torture, which is basically the same description of the details.
6 defendants have said they had been beaten too unbearable, suicide attempts. Wang Hongren said he had tried to head collision metal cargo, He Zhansheng said that he had in the toilet, trying to roll down the stairs.
but all these allegations of torture, not by the court. Yulin in the first instance verdict in the Third Court said: "(the defendant) argued that investigators in the investigation of torture during their reasons, no evidence that, can not be established."
Lan Luo Yulin Intermediate Peoples Court prosecutor, in any case before 2005 had been the prosecutor, she said,
Nike Air Griffey Max 2, although many said the defendant suffered torture, but its Procuratorate, after several surveys, including finding people with the monitoring room to prove to see when they enter the detention centers physical examination notes, etc.,
nike heels shoes, did not find relevant evidence.
witness "defection"
In addition to the defendant retracted the case, the key witness Sunchang Guos "defection", and added to the case "embarrassing."
Sun Changguo in April 24, 2001 was taken away by investigators asked, and on April 25 and 26, make three copies of transcripts. Record, the Sun said he came back the same day medicine, see Zhu Jifeng, who played high Huai Tong.
but to the prosecutor subsequently sued Sun, claiming the Public Security Bureau brought 57 hours, pressed overnight, and was with "Kaozi handcuffs", "slapped", witnessed the scene had fabricated the plot. Saying that he complete a tractor the day after someone else has been drinking with friends at home. In June 2001, Sun had also written to the defendant a copy of your family He Meiling "was forced" proof.
Sun Changguo transcripts of their testimony to overthrow, in the first sentence in the first instance, was not used. The court held that: "This testimony consistent with the confession of the accuseds circumstances are inconsistent with Sun Changguo and has been to overturn the testimony, so their testimony in the investigation stage inadmissible." However, the testimony of three times in the first instance verdict was in and was used. Among them, the second hospital of Yulin in the first instance verdict, said: "Although the Sun and later to prove the evidence obtained by torture Department police officers, but acknowledged later that he made numerous experiences of finding the defendants family, so the The proof of the public security organs to be identified for. "
investigators: collusion case the defendant had had no problem
alleged the defendant had been subjected to torture, when the investigators are not surprised.
"the defendant retracted very common." Zhang Yuyang Public Security Bureau police said. He believes that this case is no problem. "The only regret is that we solve the case, the distance of the incident a long time, the evidence difficult to collect, but we post a lot of work." He said.
a statement that this incident occurred more than three months, there have been shocking moment Hengshan Mafang bombings. Yulin area police were running a large deployment of this case, the shortage of policemen, led to the case in some of the evidence is not collected in place.
Zhang remember the case of "collusion." As can be seen from the verdict: In Zhu Jifeng being held in detention Jiaxian,
wholesale snapback hats, Zhus wife had to carry a dress, inside the folder with paper and cloth, including "March 24 during the day you and so and so and so bar Golden ... ... has been cooking at 7 points of a certain ... "and so on. Paper and cloth, but was later intercepted, did not reach the Zhus hands.
Wu also remember that defense counsel situation. He said that although collusion does not close, but because the families of wrongdoing, making the case more complicated, but also makes the public security authorities, who believe that Zhu Jifeng guilt.
year this reporter tried to contact several other investigators, but most of them have risen to more important positions, have said they do not know the case to reporters.
prosecutor Robert Wright is also the year that the case is not a problem. August 20, she told the reporter, and later asked to be excused because the defendant, she would no longer take over the case.
"At that time the case was returned for supplementary investigation twice, the second returned for supplementary investigation period, the public security organs of the discovery of new evidence, so we withdrew the prosecution. after the evidence added back, and re-prosecution." she recalls. side of the court case dragged on for a long time, but prosecutors, public security bureau here does not exceed the time limit.
of witnesses Sunchang Guos "defection", Robert Wright said that the people to overthrow their own testimony, the public security authorities to find him taking note, he simply said: "both sides are the folks, I order Tengli body." This sentence she was impressed.
as evidence in the case if there are problems, Luo Lan says this is the Review Committee set case. Means to prosecute the case is ultimately decided by the collective discussion.
"After investigating the case to court, in fact, and we have nothing to do with public security organs of the Court that they do not constitute a crime if you can direct decision, now dragged on for so long, it is estimated the court can not determine it. "August 21, Yuyang Political Bureau Public Security Bureau official said. Reporters Jiangxue
correspondent Jiang Xue Cui Yongli
After nine years, which changed from at least 10 families (nine accused, a victim), the fate of two families of "gang homicide" not find out the truth,
griffey max 2, not only during the passage of human freedom, but also procedural justice should have the dignity.
"Zhu Jifeng is the detention center had the longest suspects." August 2010, said a police detention center Yuyang.
January 2007, "Zhu Jifeng gang homicide", the six defendants have been out of another detention center. Their first trial or have served to confirm the sentence, such as HE Bin, Chen Peifeng, etc., was the first trial to confirm or innocence, such as Wang Hongren, He Zhansheng.
as the "principal" of Zhu Jifeng from April 28, 2001 was detained, then after Procuratorate charged, four times the first instance court in Yulin, Shaanxi Provincial High Court, four returned a retrial, the case is not yet final. So far, Zhu has been spent in detention from 37 to 46 years 9 years time.
2010 Nian 8 11, has been heard by the Court of Yulin in the case, the fifth start in the first instance court Yuyang program. The prosecution also change from Yulin City Procuratorate Yuyangs Procuratorate. "Case is actually a downgrade." August 20, Yulin City Procuratorate Prosecution Service, said a prosecutor.
extended detention caused concern Zuigao Jian
"calculated according to a recent court case, fast detention period expires,
nike air max jr 2011 very funny., we will send the case next month, a letter of instruction, reminding the court case is about extended." August 20, supervisor of the Division Yuyangs Procuratorate Deputy Chief Liudian Liang said.
Division is responsible for overseeing the prison detention of criminal suspects in custody case. Zhu Jifeng as a suspect, detained for nine years, which Liu Dianliang impression is relatively rare.
However, he corrected the "extended custody for nine years," the statement explained: "In fact, the case has been intermittently delayed."
Liu Jieshao said, under the law, prosecution of criminal cases from the moment when their time is two months plus 45 days. Case to court, the period one month, one month before trial, the case is complex, and for 45 days. So, Zhu Jifeng start the fifth case of the first instance,
air griffey max 1 Fresh water, from May 20 Yuyang Procuratorate charged date, should be due on September 5.
Throughout Zhu Jifeng case, from every prosecution, the Court upheld the back, on average, about this program to more than a year. "Case in the District Public Security Bureau, prosecution, courts have not extended, mainly in the High Court and the Court is inconsistent understanding of the case, many remand, so until today has not closed." Liudian Liang said.
recently extended detention of the national clean-up operation, Yuyangs Procuratorate reported the case to their superiors. Starting from July 2010, the Supreme Peoples Procuratorate began to focus on the case. Now every two weeks, the Division will monitor Yuyangs Procuratorate up a report on the progress of the case Zhu Jifeng.
"long-term detention of criminal suspects in jail, not only the party has been in a state of uncertainty, without trial, but long-term loss of personal freedom, but also to Jiansuo, judicial resources,
kids hats, cause trouble, so the extended detention has been criminal proceedings is a chronic illness in recent years, the Supreme Peoples Procuratorate has been the next great efforts in cleaning up around the extended detention. "Speaking of the case, legal experts, who declined to be named, told reporters.
in this case, the defendants have so far detained HE Yu-shan. He is Zhus father. He Yushan XingJu from December 2005, has also been in custody for five years. Another defendant, Bai Guangjun, because there are separate case in the body, is now serving in Inner Mongolia.
murder trial jurisdiction of district court Yin Zhengyi
2009 In December, nine defendants were in the hospital receiving the hearing notice Yulin, said it again in the December 16 court of first instance. This is the fourth High Court after remand,
roger vivier shoes, again start the first instance procedure. But after a few days, the notice be revoked. Yulin Yulin City Procuratorate in the hospital and the "Joint specify" case by Yuyang court.
2010 Nian 8 11 January trial, a trial, lawyers on the objection to the court of jurisdiction.
defense counsel made his life segment, under the Penal Code section 232 provides that "intentional homicide,
nike air griffey max one, the death penalty, life imprisonment or 10 years in prison; less serious, and at 3 to 10 years imprisonment." while Article 20 of the Criminal Procedure Law stipulates Intermediate Peoples Court jurisdiction may be sentenced to life imprisonment, the death penalty in criminal cases of first instance.
"This from the gang murder, has been by the Yulin City Intermediate Peoples Court, but by the District Prosecutors Office indictment, the district court, which does not meet the legal provisions on the jurisdiction of murder cases." section of his life, said. The old law was the work of the National House Judiciary Committee,
world series hats, participated in the Criminal Procedure Law changes and other research work.
a section of his life out the provisions of law that the Supreme Peoples Procuratorate, Ministry of Public Security and other six ministries, "a number of issues concerning the implementation of the Code of Criminal Procedure provides that" where the provisions of Article 5: The revised Code of Criminal Procedure delete the original on the "higher peoples court when necessary,
wholesale caps and hats, can be their own jurisdiction first instance criminal cases tried by the lower court," the content. According to this modification, the first instance criminal cases which shall be governed by the higher peoples court, can not specify the lower court jurisdiction.
"legislative intent is to ensure that sentences can be relatively high to high-level cases to court. This provision, but also may be deprived of life liberty and even life criminal suspects or defendants, the legal jurisdiction of the trial to be more careful to reflect the right to life and human right to freedom of reverence for life. "section of his life that.
Northwest University of Politics and an expert told the reporter the Criminal Procedure Law, as so designated to the District Court, the defendant, the future appeal, can only be to the hospital. While in the hospital four times in the past did the defendant adverse verdict, the High Court and was remanded. I certainly do not want the defendant. "This may be the second trial the defendant the opportunity to remedy the loss." He said.
But he also pointed out that the cases brought to Yulin, it means that the case can "digest" in Yulin. A knowledgeable person, the decentralization of district court case, the district courts sentence of not more than 15 years. This means that the case downgrade also means that the defendant might get a lighter sentence. "The fact is unclear, the lack of evidence case,
women griffey shoes, in principle, be acquitted, but in reality, tend to choose to be a local decision leeway, which is now an unwritten convention, namely the external pressure, both heavy sentence is not allowed, not allowed acquitted in the case, court to make such a choice. "Criminal Procedure Law of Peking University expert Professor Chen Ruihua said about SHE and other cases.
In fact, the temporary shock has also been decentralized to the case SHE District Court.
on August 11, the trial scene, Yuyang Politics and Law Committee official told reporters: "in the hospital designated District Court, we have no means."
suspected of innocence,
new york hats, easier said than done
from 2002 to the first instance ruling, made in November 2008 to the fourth verdict, although the High Court each time the reasons for remand are "unclear facts, insufficient evidence," but in Academy Yulin always "do not change his mind" that the evidence in the case we can verify each other.
An insider told this reporter, by law, remand the case every time, should also formed a collegiate bench, and a full court at least three people. The few cases of a few on that later in Yulin in the hospital "could not find a collegial panel of judges."
"verdict is not a judges personal will, are determined by the CRIC." insider told reporters.
reporter learned that, "Zhu Jifeng gang homicide" in the 2001 incident. At that time, the Academy of Yulin Ding adult just arrived. Dingyuan Zhang Yulin end of 2009 before retiring to leave the hospital. The reporter made several phone calls Dingyuan Zhang, Zhu Jifeng want to know the relevant circumstances of the case,
dunk sb heels, but he has not responded.
2007, at the first trial to the third, the defendant further appealed to the High Court, this time, Northwest University of Political Science Professor Xuanbing Zhao, Wang Xun and other three scholars, the case agent.
in accordance with prevailing practice, the second trial of criminal cases are heard in writing, with little direct trial. But the case is complex because of the case, Shaanxi Provincial High Tribunal judges also made a special trip to Yulin, in the local hearing the case.
"that the court works well. counsel is in place, there are several witnesses to testify." A defense lawyer told the reporter.
when defendant and counsel that the court will have a direct commute, the case was sent back to the Yulin in the hospital, started the fourth trial.
in 2004, handing the book the second remand determination,
jordan high heels Tangmou has returned Qidong., the presiding judge is to build a new judge mine. Ray graduated from Wuhan University build a new law, criminal trial experience. In this ruling, the Full Court that the "facts of the case is unclear, insufficient evidence, retrial."
2009 December Lei build a new one from the High Court Criminal Tribunal transferred to Yulin in the hospital. July 2010, was appointed president of Yulin in the hospital.
"According to Chinas Criminal Procedure Law of the spirit, if insufficient evidence, no matter how suspect, they have suspected of innocence, but the Conflict of the four words, easier said than done, once the court finds no crime, it means that it is wrong. Procuratorate or public security authorities either have supervision over law enforcement system. The next question too much. "Yulin a senior judicial source told a local newspaper reporter.
who believe that if the High Court commuted, Yulin in the hospital will be a lot less pressure. But he also said that because the law which is not clear that this little direct the High Court commuted, most will be remanded.
"This is a legal environment in recent years did not improve a performance." senior High Court judge told another reporter. High Court will be announced over the past year several cases of innocence, the past two years, less and less. The judge asked "overall situation" not only act according to law.
"guilt or innocence, this is actually a concept of the collision." The judge familiar with the case said. "The intention is not only criminal prosecution of crime, but also protection of human rights if there is not enough evidence, they should be suspected of innocence, but in China, from the presumption of guilt to innocence, from suspect to suspect from a crime of innocence, There is also a long process. "
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