Yesterday, tian Weidong, Chen Jianyang, Zhu Youping, Tian Xiaoping and Wang Jianping took them to expect the long already innocent report that robs murder, although Zhejiang saves presiding judge of senior people court why 鑑 Wei is in front courtyard careful is backward 5 people apologize, but 5 people show as before, will continue to find out the responsibility that handles the staff member of public security organs that robs murder in those days.
Charge of 5 people murder does not hold water
Yesterday morning, zhejiang saves senior people court to be robbed to the person such as Chen Jianyang, larcenous review case is adjudged publicly, think former one, 2 adjudgement maintain Chen Jianyang, Tianwei to winter, Zhu Youping, Tian Xiaoping was robbed on March 20, 1995 and kill definitely the fact of taxi driver Xu Caihua is wrong, cognizance Chen Jianyang, Tian Weidong, Wang Jianping, Tian Xiaoping will be robbed on August 12 in of the same age and the fact of old gold river cannot establish killing taxi driver, cancel former one, 5 people narrate to be aimed at crime two cases this before 2 adjudgement are opposite definitely conviction measurement of penalty, declare Wang Jianping, Zhu Youping is innocent; Behavior steals in what carried out on September 2, 1995 to Chen Jianyang, Tian Weidong, part with set term of imprisonment of Chen Jianyang of larceny change the original sentence, Tian Weidong one year; Behavior is robbed in two when carried out on October 5, 1995 to Tian Xiaoping, sentence its set term of imprisonment in order to rob a blame 3 years. The court announces at the same time, after adjudicating declare service, 5 party can apply for national compensation.
Presiding judge on the court to 5 people excuse
After announcing innocent court decision, the committee member of full-time of committee of adjudgement of Zhejiang tall courtyard that holds the position of presiding judge of this review case why 鑑 Wei is right the 5 people such as Chen Jianyang, Tian Weidong expressed regret.
Why 鑑 Wei says, although Zhejiang is tall courtyard cancel original court decision, but the body and mind that a miscarriage of justice of 17 years lets 5 young people got great harm. "Your law case public security organs is responsible. Although the very lucky in misfortunspring poole, zhejiang tall courtyard did change the original sentence when 2 careful, but final penalty or we make, we are responsible, I represent Dean Qi Ji (Zhejiang saves tall courtyard dean) , apologize to you on behalf of tall courtyard. " why 鑑 Wei still expresses, relevant section should be pressed do good compensation according to relevant law laws and regulations, government of local Party committee is responsible also had taken care of the life of the person such as Chen Jianyang.
The innocent court decision that waited 18 yearsbrass faucet
Be in why when 鑑 Wei announces 5 people are innocent, 5 people family member heats up a tear to be filled with the socket of eye. "Judgment of this one paper, we waited 18 years, be taken now, already relaxed sad, very complex. " Tian Xiaoping say. In the front courtyard careful yesterday, one large window is the presiding judge apologizes to 5 people on the court, face Zhejiang to save tall courtyard this blazing act, 5 people that got wrongful treatment are not all show respect for.
"I won't thank Zhejiang to save senior people court, I am taking their judgment to be imprisoned namely 18 years ago, they gave a judicial court decision nowadays, just corrected an error, only this just. " Chen Jianyang thinks, what cannot the apology of a mention lightly make up for to change 18 years of youth that do not come, "My life had been changed from 1995, what to lose to do not have the thing that the law redethe best selling modern dining chairsems. " opposite Yu Chenjian is in relief, tian Xiaoping is quieter, he tells a reporter, he acthe most popular norton internet antiviruscepts the apology that Zhejiang saves tall courtyard today, "What adjudicate our capital punishment in those days after all is not these judges, they helped us break up case. They helped us break up case..
To prospective plan, 5 people express to want to accompany the family that accompanies his more, because come 18 this years, the pressure that family member place gets should be returned than them big.
5 people express to will continue to chase after duty
About the thing that the country compensates for, 5 people speak bluntly did not think to this too much, find out however instead in those days the responsibility of personnel of neglect one's duty of public security organs is current the most important. "Time of 18 years is how many money changes what do not come back, I had not thought of to compensate for now, want to find out only in those days the person of deliberatelly break the law. " Wang Jianping says.
5 people show, hope whole society pays close attention to this case to chase after duty development, "Want these people to still be on the post of public security organs only, continue possibly to happen with us the thing of injustice. " Wang Jianping discloses, he still is being written down want place in those days he at the deathtrap handle a case the appearance of personnel, these people should be punished severely. "Prospective way is very long still, if these people did not get due court decision, I can appeal for help certainly. I can appeal for help certainly..
Chen Jianyang tells a reporter, they can do exclusively now, let have next Xiao Shan socially no longer namely 5 youths appear, the person that lets can safe, dependable. Chase after so duty this road them 5 people must step down.
5 people think to extort a confession to their inquisition by torture in those days, sue adjudgement handle a case personnel has cannot the responsibility of shirk, next, they will be discussed jointly with the lawyer how to chase after duty.
□ lawyer argument
Chase after duty difficulty is great but cannot abandon
Zhong Guolin of counsel for the defence expresses when accepting a reporter to interview, of Zhejiang tall courtyard adjudge a result to accord with the public to anticipate, hope future drives our country public security organs to be in through this case of injustice obtain evidence the normative sethe best selling north face shirtsx that go up.
Zhong Guolin thinks, in the case of injustice that pays close attention to in this whole nation, zhejiang tall courtyard can is not worth with evidence and innocent and illative make innocent decision value must affirm to 5 people. "This law case is not actually complex, if the any branch of public security organs can grasp at that time,the manner that is in charge of seriously is treated, so these 5 people also won't sit in vain so old jail. " Zhong Guolin says, also handle a case to public security organs through this thing try a case a few enlightenment, it is OK that public security goes obtaining evidence some the most popular north face shirtstrials obtain evidence skill and technology, but the bottom line is to cannot do character affront and violent menace. At the same time procuratorate, court is the evidence that should investigate relevant case strictly, always hbrass faucet aerator ave blemish and interrogative, must deny stoutly, the behavior of supervisory public security, the tragedy that does not let these 5 people repeats.
To chasing after duty, although difficulty is very great,Zhong Guolin expresses, but cannot abandon. "Because had gone 18 years, handle a case at that time it what personnel has to violate behavior to want to restore to rise is very difficult that what personnel has to violate behavior to want to restore to rise, include the recording kinescope at that time and trial clue to need proof. " the evidence that nevertheless Zhong Guolin thinks to have an iron is 5 people were not participated in " 3·20 " and " 8·12 " the case that disaster kills rental driver, but in the trial, 5 people are willing to admit his guilt against one's will however, have inside information among them certainly, at present so the most important is collect in those days public security organs is broken duty evidence.
He expresses, will press legal laws and regulations next, strive for more compensation and compensation for party. Among them, the country compensates for be system level, must carry out strictly by the regulation, corresponding means computation reachs, highest won't exceed 1.1 million yuan; Still have the compensation that is local government, room of this opposite float is bigger.
>> analytic
1
Illegal evidence eliminates to was not reflected directly
Notable is, the existence in handling a case to the police that square lawyer of argue of rehear open a court session put forward on June 25 " inquisition by torture extorts a confession " " induce a person to make a confession " wait for illegal evidence to get a measure, tall courtyard of requirement short for Zhejiang Province starts illegal evidence to eliminate the application of the program, the rehear yesterday was not reflnorth face shirtsected directly in the court decision.
Forensic review is found out, this year on June 27, zhejiang province tall courtyard already was maintained and approve fine before promoting city quadrangle to be opposite 18 years, kill of Xu Caihua really fierce the court decision of stay of execution of a source of student, should adjudicating what evidence proves killing Xu Caihua directly is really fierce is a source of student, chen Jianyang of original judgement cognizance department, Tian Weidong, Zhu Youping, Tian Xiaoping commits the crime the fact has by accident, should grant to correct.
To Chen Jinjiang case, forensic review is found out, because public security mechanism is in during this case rehear check afresh did not get proof Chen Jianyang objectivity evidence that carries out this crime, and of Chen Jianyang, Tian Weidong, Wang Jianping, Tian Xiaoping for narrating incongruous, go up in a few main plots cannot confirm, and note with perambulate of witness testimony, spot the contradiction that the circumstance existence that waits for report cannot eliminate, of afore-mentioned 4 peoharrison hot spring public poolple guilty for narrating via checking disloyal, cannot regard decide on a verdict as the basis. Evidence of other on record cannot form the complete, proof system that discharges it, also cannot regard decide on a verdict as the basis. Afore-mentioned 4 people and its paraclete, appear in court procuratorial work member the opinion that puts forward to maintain a fact to should grant to correct to original judgement holds water, original judgement maintains afore-mentioned 4 people to rob, the fact of killing Chen Jinjiang cannot hold water, should grant to correct.
2
norton internet antivirusTwo severe the disaster that hits setting to fall is killed case
On March 20, 1995, on August 12, in city of Zhejiang desolate hill (show region of Hangzhou Xiao Shan) happen 2 cases to rob, case of killing taxi driver. On March 20 afternoon, the chauffeuse that is called Xu Caihua is robbed to kill. This day, be worth in those days desolate hill city "Two meetings" hold.
After this case happens, xiao Shan spread out by a definite date two half-moon " spring fathers dozen of punish fight " . According to at that time " Xiao Shan daily " report, to in those days on May 18, place is accepted examine illegal criminal 130, "Heavy retype attacked the aggressive arrogance of crime activity. "Heavy retype attacked the aggressive arrogance of crime activity..
Severe after hitting an end before long on August 12, the taxi driver that is called Chen Jinjiang kills again in process of dispatch a vehicle.
Classicswatch cases police platoon is checked after, the lock decides winter of Tian Xiaoping, Chen Jianyang, Tianwei, Wang Jianping, Zhu Youping 5 people are case suspect two cases. September 1996, 5 people are arrested. In July 1997, in evidence, main without dactylogram rely on the accused person guilty fall for narrated case, first instance of Hangzhou city quadrangle sentences 5 people guilty, 4 people appeal, final judgment of Zhejiang tall courtyard sentences Tian Xiaoping life imprisonment, change the original sentence is additional stay of execution of person of 4 the accused.
2012, police discovers this case new clew when investigation other case, think staff of desolate hill membership source of student should be suspect of Xu Caihua case. This year on May 30, fine first instance of the quadrangle that start city sentences a capital punishment of source of student with intended homicide, postpone a deadline is carried out two years, privative politics right is lifelomodern dining chairsng. On June 28, 2 careful maintain tall courtyard of short for Zhejiang Province original judgement decision.
Be in before 2 careful adjudicate a case of source of student on June 25, tall courtyard of short for Zhejiang Province is right Chen Jianyang, Tian Weidong rob, pilfer burgalry undertakes rehear makes public sessional cognizance. In front courtyard careful, appear in court by what omit procuratorate name procuratorial work member admit on the court, be in in those days " severe dozen " below setting, when the judiciary handles a case, exist " serious blow, light protection " " guilty and illative " , brought about misjudged case happening.
3
From " doubt pain is slight " arrive " doubt blame from without "
As we have learned, the doubt that this case exists is in was discovered by tall courtyard of short for Zhejiang Province when 2 careful 1997, but at that time only " doubt pain is slight " , the 3 people stay of execution such as winter of Wei of cropland of change the original sentence. And before this 1996, our country " punishment tells a way " already made clear " doubt blame from without " principle.
This year in January, relevant judge is accepting when interviewing, disclose: "1997, the approve authority of capital punishment case has not get highest way, zhejiang saves tall courtyard to be in adjudicate to first instance discovering in process of this case check applicable law is correct, but evidence is put in a lot of doubtful point really, the mainest is to move there is fingerprint evidence in the material that delivers. Besides, also do not have at that time ' illegal evidence eliminates ' such error correction mechanism. Press ' doubt pain is slight ' , province tall courtyard is right the 3 people of philtrum of 5 the accused are stay of execution from capital punishment change the original sentence. These 2 cases have 2 drivers to be killed, if in those days the special authentic with true evidence, tall courtyard is commonly won't of change the original sentence. Tall courtyard is commonly won't of change the original sentence..
To the court in those days " doubt pain is slight " practice, tian Weidong holds the post of when 2 careful lawyer, the Xin Benfeng of solicitor of office of attorney of couplet of short for Zhejiang Province that holds the post of Tian Weidong counsel for the defence in rehear expresses, put in the case of the problem apparently so, the court would rather be adopted in those days " doubt pain is slight " wrong miscarriage of justice is punished, also do not wish to be made lawfully " doubt blame from without " innocent court decision, do not eliminate in case murderer of the complex homicide case that put a person, what dare not assume responsibility is likely.
Reporter of integrated capital timesWang Cheng" Oriental morning paper " " young times " " Shandong business signs up for " report
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