标题: in vitro and clothing. [打印本页] 作者: oygRq7u7t9 时间: 2015-2-11 00:40 标题: in vitro and clothing. January 27, the reporter learned from the Second Branch of Beijing Municipal Procuratorate, the Beijing Second Intermediate People's Court of First Instance of intentional murder and sentenced defendant Li Yanming death, suspended for two years. According to the prosecution allegations, Li Yanming murder carries two together was in 1994 in the murder of a schoolgirl in Baotou, Inner Mongolia, and the other along the 2007 murder of a middle-aged woman in Beijing. The latter is not due to lack of evidence the court finds that, while Inner murder before being recognized by another man king of the murder charges carry more than eighteen years and serving.
Wang Yu wrong case to be corrected, the tireless efforts of Beijing, Inner Mongolia, two from the judiciary.
The little girl was killed, I was recognized as the king of the murderer
December 16, 1994 afternoon, Inner Mongolia Baotou Donghe District residents Zhou Jian-Gang (a pseudonym) 8-year-old daughter, Zhou Xiaolin (a pseudonym) to go to school,chaussures louboutin, but did not come back until the evening. Family looking disappeared, then. The next day, the police would have committed crimes suspect arrested Wang Yu.
Dossier year, made the following records: the beginning of the trial, Wang Yu said it was living with Li Yanming killed the little girl, but two days later he changed his statement, admitted that he was the murderer. "Around December 16 at 1 o'clock, I go for two years and a half red flag in front of hospitals, aged about seven or eight saw a little girl,while only one person on your, to get an ink bag, and she said: 'Go with uncle Uncle Sugar to go home. 'The little girl told me to go home, I took her into the house of a throw on the bed, grabbed her neck with both hands. "
A few days later, he again confessed: "At noon that day, I have stopped the two little girls, and they said to go back to school and later a girl, I say to my house with my sugar went, and brought this girl went to my home. At that time I just wanted to rape the girl after she was dead ....... "
The next day after justice, Wang Yu led the investigators found the bodies of the little girl in a highway culvert.
March 1995, the investigating authorities will be transferred to the prosecution case, Baotou City Procuratorate investigators questioned Wang Yu and later visited the witness, the investigating authorities require additional investigation. The hospital believes that the lack of evidence found Wang Yu adultery, requiring additional technical appraisal; Wang Yu found direct evidence of a crime is not, and can not rule out the suspect Li Yanming should Communications Li Yanming examined and verified.
November 1996, Inner Mongolia Baotou City Intermediate People's Court hearing the case. The trial, Wang Yu argue that this is not his adultery killed, but Li Yanming are for; they just helped pull the bodies by throwing in a culvert Li Yanming.
Wang Yu's counsel, Baotou Hondlon District City lawyer Ping Chen believes that the allegations Wang Yu adultery sex crimes lack of conclusive convincing evidence, "not extracted from any physical evidence or the victim body defendant's fingerprint"; Li Yanming have major crime suspects, Wang Yu is an accomplice in this case, the "king of the times I lived together with their confessions Li Yanming is truly criminal case."
Court ruling confirmed the following facts: at 13:40 on December 16, 1994 Xu, Donghe District of Baotou City, the Red Sea a small preschool schoolgirl Zhou Xiaolin way to school,scarpe hogan, rental housing near the school in order to give more than the king of the "sugar" as bait the Zhou Xiaolin cheat into the home, put it by the bed, the imposition of adultery. In the meantime, Wang Meng Yu Zhou Xiaolin pinch neck, causing the suffocation. Then, the king's body stuffed Zhukuang week night with a tricycle pulled the bodies Donghe District Iraqi battalion subpackages throw at 7.5 km road in the culvert under the road. Ultimately, the Court of intentional murder and sentenced Wang Yu to death,parajumpers norge, suspended for two years; sex crimes of adultery and sentenced to life imprisonment; decided to implement the death penalty, suspended for two years.
March 1997, the High Court approved the Inner Mongolia Autonomous Region suspended sentences. records: Wang Yu, "there is no appeal."
The murderers were arrested, the case of a turnaround
August 2007, at 7, Fengtai District No. 60 Front Street West dahongmen murder occurred outside, the dead line of 37-year-old woman Yang Moumou.
February 13, 2012, the case was suspect Li Yanming was arrested by Beijing police. At the trial, Li Yanming Yang Moumou killing confessed to the crime, in addition to account, at the end of 1994, one day, in Baotou, Inner Mongolia, and Wang Yu shared his cottage, he killed a little girl. He said that the reason to kill from the heart, because a few days ago, a man covered in alcohol had chased him, "I ran home, he followed into the room, picked up a kitchen knife to cut the house I also let my knees. After a few days, I saw a man hit me led a little girl. Then, after a day or two for an afternoon, I saw the door of the little girl in the residence pass, put her house called inside, grabbed her neck with both hands ...... "
He also confessed, see the little girl is dead, and he reached into the little girl's nakedness ...... "I took the little girl into the bamboo basket, and later the king of this I came back, I said I strangled the little girl. In the evening, Wang Yu riding a tricycle, the basket attached to the car, we ride to the yingzi direction,woolrich donna, in a local highway bridge, the bridge thrown into the basket. "
Li Yanming account cause handling organ attention. Beijing Municipal Procuratorate Deputy Attorney General, when he was the Second Branch of Beijing Municipal Procuratorate Attorney Amy HL think, Wang Yu misjudged the possibility of a larger case, prosecutors found that the problem should fulfill their legal oversight responsibilities according to law, the matter must not be set; must first-hand the situation, Wang went to prison sentences of more than listen to his confession and excuse soon as possible. "To make real criminals be punished, maintain social fairness and justice."
The hospital immediately investigate the composition of the investigation team to Inner Mongolia. The hospital did not check at the prosecutor Sun Wei Li Yanming case as contractors, full participation in the investigation and handling of cases. December 2012, he saw the prison was Wang Yu. Wang I told him after the case:
In 1994, he was alone when he was 6 years old daughter with Bob, came home from Sichuan header by Dengsanlun living,the content is very rich, father and daughter had each other. Because of his short stature, often bullied, Li Yanming often record straight for him, the two became friends. Later, Li Yanming Wang moved to the living room I rent. One day, Li Yanming beaten by a drunken man, he was in retaliation to the killing of the man's child. For the man child loyalty, he knew Li Yanming murder without informers, but also to help Li Yanming postmortem. After fleeing Baotou Li Yanming,the family from rural areas, Wang Yu was arrested was identified as the killer.
"King of the I insisted that he did not rape or kill, it is wrong, I hope the prosecution for his redress." Sun Wei said.
Prosecutors found that many doubts
After the king of this year more than the case carefully study this dossier, the investigation team found that Wang Yu homicide, there are some doubts:
The first is the king of the remainder of the confession. There are 10 times more than the confession after the king of the incident, in addition to two times a confession of guilt, the other eight are to testify Li Yanming murder. Confession of guilt out there twice: once at the red flag, said hospitals would cheated, and Zhou Jian-Gang father claimed his daughter disappeared in the vicinity of schools; Wang Yu testified that the perpetrator of this little girl with a bag, and Zhou Jian-Gang, said her daughter's schoolbag at school. Another testified that he has had two interception girls did not succeed, the third girl Zhou Xiaolin away; the investigating authorities to find a witness to an eight-year-old female student system, which only proves king of the girls I asked her, "To money you ", does not intercept intercepted another girl did not find.
Secondly, the evidence of rape. Wang Yu said in a body for ejaculation, but after the incident and did not find Forensic fine spot on vivo, in vitro and clothing.
Once again, Li Yanming whether committed crimes. Wang Jun and then a neighbor testified that before the incident left Baotou Li Yanming, the "Li Yanming not have committed crimes"; the other two witnesses claimed that after the incident the next day to leave the Department of Li Yanming, "Li Yanming have committed crimes." . Li Yanming whether committed crimes, there is a contradiction between the evidence.
Finally, Bob's testimony questionable. She identified the father killed Wang Yu,Song Ying, made two survey groups testimony attention: one has her signature, a signature without her,Xu Bilan back tens of meters , "Bob was only 8 years old, testified situation meets the provisions of the Criminal Procedure Law ? "
After Wang Yu jingfangxingju, Bob was sent to the orphanage, and changed its name, leaving the orphanage grew disappeared. March 2013, the twists and turns, the investigation team has found marrying Bob Fujian. Bob recalls the day when Li Yanming at home, she came home from school to find something to hold the body touched the bamboo basket, bamboo basket to open the lid a little, she saw and she was filled with a girl the same age, "Li Yanming was also shouted me! "The next morning,they will be properly address, I told her that Li Yanming Wang was sent away.
"This confirms that Li Yanming have committed crimes, but also denied the king of the remainder of the case file of evidence 'Li Yanming not have committed crimes' of." Wei Sun Road.
To verify Li Yanming confession of guilt, the Beijing Municipal Procuratorate Second Branch of the Public Security Ministry commissioned forensic center Zhou Xiaolin causes of injury were identified. Frankly lower body injury Zhou Xiaolin Li Yanming hand to pull its formation, and the king of this I was fucked cause statement said. Submission of proof of evidence examination Ministry of Public Security, perineal injuries consistent with blunt objects role in the formation, the formation of the male sex organs alone is difficult.
"Sexual assault behavior Wang Yu confession, not enough to cause their injuries can be excluded Wang Yu confession of guilt." Sun Wei said.
Incident investigation team also went to the East River District, Baotou Erliban Lane fieldwork education, find a crucial witness - Choi. Choi confirmed a week before the incident, his six-year-old daughter were living in the king of this than men (mean Li Yanming) interception over that he was drunk hit the man.
"King of the remainder of the file, there is no evidence of Choi's testimony, maybe he was no investigation into the line of sight." Wei Sun, analysts say.
Integrated whole case evidence, the investigation team that "Li Yanming In retaliation, the Zhou Xiaolin, daughter of Choi mistaken killing."
"Li Yanming naturally cunning, cruel, with a criminal record, with a fake ID anonymity for years, has been at large. We have to assume the responsibilities under the law,woolrich donna, to identify the facts, determine the perpetrators, but also those who wronged innocence, maintain fairness and justice." Sun Wei said.
Eventually cleared of murder charges
Wang Yu has also been the case in Inner Mongolia attaches great importance to the judiciary. After both communication and coordination, in July 2013, in Inner Mongolia,even being placed on an elect, serving for 18 years I was the king of this release.
September 2013, Baotou Court retrial of the case. Retrial verdict states: retrial identify, Wang Yu returned home and found a place within the body of a little girl with a bamboo basket,louboutin homme pas cher, Li Yanming was made to ask the reason, Lee told his father in retaliation for the little girl and the little girl brought back and strangled.
Retrial that the trial verdict, Wang Yu guilty of intentional homicide and rape sex crimes, the only direct evidence of Wang Yu's testimony, there is no objective evidence confirms, some indirect evidence for the existence of defects can not be used as the basis. Li Yanming confession evidence and submissions and other evidence examination Ministry of Public prosecutors in the retrial submitted to prove that the case can not exclude the possibility of another crime. After Wang Yu Li Yanming told in their killing still help abandoned corpses and sent Li Yanming Li Yanming fled Baotou, their actions constitute the crime of harboring, and the circumstances are serious, punishable by law. Accordingly,hogan 2014, the court sentenced Wang to cover more than three years imprisonment (penalties are finished).
November 2013, Wang I get state compensation of 1.5 million.
Reporter linked to Wang Yu. He told reporters: "announced the withdrawal of the murder charges that moment,air jordan, my tears suddenly welling up inside spent nearly 20 years, but I still believe that one day there will be innocent.."
42 years in prison, when released from prison nearly 60 years. Nearly 20 years in prison, so I want to remember this king. For reporters, "After Li Yanming murder, why do not the police?" Question, he said,rushing to pay, was a ruthless man Li Yanming, then threatened him, "You dare to police, I'll kill you and your daughter!" Then, Li Yanming kneeling Under begged him not to alarm. "I'm afraid he hurt the girl, I thought I did not kill people, even if I'm caught in 2023 off the big deal in it, and then I know where this is so. Blame me confused, ignorance of the law!"
December 2014, in Li Yanming murder trial, the king of this I testify, and Li Yanming confrontation.
Prevent injustice wrong cases, systems and people are important
Wang Yu corrected the wrong case,doudoune parajumpers, justice finally be maintained, but the reasons for the occurrence of wrong cases worthy of reflection.
"I harbored Li Yanming Wang, accurately identify postmortem place,spaccio moncler, when true false confessions, they misled the investigation." Sun Wei believes that the wrong case occurred, Wang Yu has a certain responsibility.
But then the main reason leading to the wrong case, but also in handling the case has gone wrong. Vice president of Beijing Normal University, Professor Song Yinghui scientific criminal law that the evidence of the case did not reach the full extent of the Criminal Procedure Code does not adhere to standards of evidence. There is ample evidence of the facts relating to the conviction requires plot to have evidence, verified through the exclusion of other possibilities, the conclusion is unique. For example, the identification of the incident during the year, did not accurately reflect the sexual assault victim suffered wounds to form a real reason, explain the identification of that year, more than the existence of negligence, did not meet the standard requirements conviction, did not rule out other possibilities.
China University of Politics and Law School Professor Xu Shenjian said that the construction of the rule of law have made great progress, but misjudged cases still occur, serious damage to the judicial authority and credibility. He said that academics think the reason is that the formation of the wrong case: by the supplier to permit investigation mode, preconceived sided evidence, in violation of the law of the deadline to solve the case, improper interpretation of scientific evidence of repeated torture, etc., "but part of the root cause investigation." .
Of course, the reason why the wrong case occurred, not just a problem of the judiciary. Wang eight times more than 10 times to testify Li Yanming confessed committing the crime, and ultimately admissible confession of their guilt, "reflects the past judicial practice the concept of the presumption of guilt of handling the problem." Song Yinghui said.
Prevent miscarriages of justice occurred, to prevent similar problems, countries are taking strong measures.
August 2013, the Central Political and Law Commission issued guidance on the effective prevention of miscarriages of justice. Subsequently, the Supreme People's Court issued a "establish a sound working mechanism to prevent miscarriages of justice in criminal opinions",scarpe nike air max, under the Supreme People's Procuratorate issued the "Opinions on the effective implementation of prosecutorial functions to prevent and correct miscarriages of justice," and proposed to the facts law as the yardstick, adhere to the bottom line to prevent miscarriages of justice, both insist on punishing crimes and protecting human rights, and earnestly safeguard justice.
Song Yinghui stressed to prevent miscarriages of justice happen to note two points:
First, adhere to the concept of law to establish evidence standard. Insufficient evidence, there is a contradiction,nike tn requin, we must verify if the investigation is not clear, we must adhere to the principles of the Conflict of. "Doubtful never likely to indulge criminals, but it will also be prosecuted if found evidence of guilt. If condemned, is bound to have been wronged innocent, but also indulge a murderer."
Second, we need to ensure the independent exercise of judicial powers. Handling is a complex process that requires a confession by a suspect, witness testimony, physical evidence, such as reconstruction of the crime the fact that there are many factors that could lead to an error of judgment, if outside intervention is likely to accelerate the formation of erroneous judgment. "The emphasis on the new round of judicial reforms to ensure that the judiciary independent exercise of powers, one meaning is to prevent miscarriages of justice happen."
"To prevent miscarriages of justice, the system is important, the human factor is also very important." Xu Jian said body. After all, people need to be elaborate system to operate, without due diligence, according to law enforcement personnel to operate investigators proceedings, even though legal norms and then complete the program and then compact design, can also cause handling errors. Wrong cases occurred in the final analysis is the result of law enforcement officers, some wrong case can be effectively avoided by strengthening mechanisms, but some misjudged happen is not strong sense of responsibility of law enforcement officers, law enforcement is not high quality caused by the need to improve the level of law enforcement and the ability of law enforcement personnel literacy.
"The key is to implement the party's eighth Fourth Plenary Session of the spirit of the rule of law, in accordance with the law and legal law enforcement investigators as prosecutors, we must earnestly fulfill their legal oversight responsibilities, to ensure correct implementation of a unified national law, and actively maintain social fairness justice. "Second Branch of the Political Department of the Beijing Municipal Procuratorate main Rengao Kai said at last.
(Original title: Eighteen years later, he still a fair)