Liu Suxia said that he has appealed to the second trial in Zhoukou, and the trial will begin on the 20th. Liu Suxia implored the second trial to uphold justice, exclude illegal evidence of Hubei experts' opinions, correct the wrong judgment of the first trial, and acquit Liu Suxia. Liu Suxia expressed her gratitude to the second instance for allowing the on-site audio and video recording of the trial. Can the second trial uncover the mystery of the six-year case? Have you been detained, arrested, prosecuted and sentenced twice? Have you detained Liu Suxia? Why are there so many duplicate identifications? Is inter-provincial appraisal and inter-provincial trial reasonable and legal? ..... Let's look forward to the live broadcast together.
What kind of case can this be so complicated? The time goes back six years. According to reports, Liu Suxia said that she and her neighbor Wu Moumou run a restaurant and often have conflicts because of trivial matters. 16, 15 After the conflict in March, she used the fact that Wu was injured by a fracture in the past to accuse Ms. Liu of causing personal injury to him. When Liu Suxia went to the relevant unit to inquire about the progress of the case, she was told that Wu's right hand had a comminuted fracture and was identified as a minor injury. Subsequently, on August 15, the relevant units in Shangshui County criminally detained Liu Suxia on suspicion of intentional injury, and on August 30, it was changed to bail pending trial. It was not until 2065438+September 28, 2007 that the relevant units in Shangshui County officially issued a decision to withdraw the lawsuit to Liu Suxia.
Liu Suxia said: "I objected at that time, because before the conflict, I knew that Wu's hand was broken, and her hand fracture was an old injury. Besides, I didn't hit her at all that day. The three of them beat me and my nearly 80-year-old mother, and I was powerless to fight back. The surveillance video of my family can also prove that although she is trying to disguise herself, she is very sensitive and free to play with her mobile phone! " Liu Suxia believes that Wu Moumou colluded with relevant institutions to commit perjury and disguised the old injury as a new one. Therefore, she entrusted her family to see a doctor in Zhoukou medical institution in Wu Mou, and obtained the medical image data taken by Wu Mou that day, and went to a medical institution in Shanghai for identification in late August of 20 16. All the diagnosis opinions indicated that "fracture of middle and lower metacarpal of right hand and callus formation". This is to certify that Liu Suxia reported that Wu's fracture was an old injury, but the relevant unit of Shangshui said that there was no callus and it was not recognized.
Relevant units in Shangshui County have entrusted forensic doctors in Shangshui County and Zhoukou City to identify the injury of Wu fracture. Although the results of two forensic examinations confirmed the objective existence of Wu's hand injury, it did not show that the injury was caused by Liu Suxia. Therefore, on August 30, 20 16, the relevant procuratorial units in Shangshui County refused to approve the arrest of Liu Suxia and issued a Notice of No Arrest.
On September 7th, 20 16, the relevant units of Shangshui County entrusted the imaging experts of Henan Provincial People's Medical Institution to consider the fracture of Wu's right hand as a "fresh fracture" according to the X-ray data of the day of Wu's murder on March 6th, 5438+05. (Liu Suxia said that she didn't know who had hidden the clear CT film of Zhoukou, only based on the fuzzy X-ray film)
Liu Suxia was arrested on June 0, 201kloc-0/6 by the relevant units of Shangshui County on suspicion of intentional injury, 2011,2065438. 2065438+On September 28th, 2007, the relevant units in Shangshui County officially issued the Decision on Handling the Case by Withdrawal. Before that, she was detained for 26 1 day.
On June 27th, 20 17, the Beijing judicial appraisal opinion was that "the fracture healing process seen by appraiser Wu Moumou on March 27th, 20 16 does not conform to the characteristics of fresh fracture healing formed by trauma that day, and should be an old fracture".
On July 4th, 20 17, the relevant units in Shangshui County made a decision to release Liu Suxia on bail pending trial. On the same day, Liu Suxia was released home. On September 28th, the relevant units in Shangshui County issued the Decision on Handling the Withdrawal of the Lawsuit, saying: "During the trial, prosecutors found that the case needed supplementary investigation and put forward suggestions for postponing the trial. After the case is postponed, it has exceeded the statutory time limit for supplementary investigation, and the case is declared dismissed.
Liu Suxia said that on June 22nd, 165438+ Liu Suxia, accompanied by a lawyer, filled out an application for state compensation and claimed 867,570.29 yuan from the relevant units in Shangshui County. According to the statutory time limit of two months, 65438+1October 24th was the deadline for the organ liable for compensation to reply, and Liu Suxia did not wait for compensation and reply.
20 18, this case has undergone new changes. 2065438+In February 2008, Liu Suxia indicated that she would continue to apply for reconsideration. On April 4, 20 18, more than two years after the incident, the relevant units in Shangshui County once again entrusted relevant institutions to identify Wu's injury.
Liu Suxia said that because the dispute is about the fracture time of new injury and old injury, Zhoukou's appraisal opinion was not identified according to the controversial new injury and old injury. After his arrest, he also stated that he wanted to identify new injuries and old injuries, which he also reiterated in the relevant units. However, after many years, the relevant units still resolutely avoided this problem and only made a digression injury identification. Hubei appraisers also revised Wu's comminuted fracture, which has been uncontested by both the prosecution and the defense for more than two years, to constitute a minor injury ... deliberately leaving an unidentified place, which day is still in line? That kind of situation? ..... hiding from me makes me very angry.
According to the appraisal report issued by Chongmou Judicial Appraisal Institute entrusted by the relevant units in Shangshui County, the comminuted fracture prosecuted on 20 16 is divided into two parts, one for investigation by the relevant units and the other for compliance. ?
In the same month, Liu Suxia was arrested again by the relevant units of Shangshui County on suspicion of intentional injury, and was arrested and prosecuted by the relevant units of Shangshui County the following month. 20 1 18 years/0/0 on October 30th, the relevant units of Shangshui County issued a (20 18) criminal judgment, and sentenced Liu Suxia to five months' imprisonment 1 year for intentional injury.
Liu Suxia refused to accept the appeal. On 20 18 12.20, the relevant unit of Zhoukou Intermediate People's Court revoked the criminal incidental civil judgment of the relevant unit of Shangshui County (20 18) Yu 1623, and sent the case back to the relevant unit of Shangshui County for retrial.
202 1 12 13, Liu Suxia, who was working in Guangzhou, was suddenly approached by the staff of the relevant units in his hometown in Henan. They forced Liu Suxia into a commercial vehicle waiting outside. Later, I learned that I was going to the court to attend a trial of intentional injury that day. Shangshui is more than 300 kilometers away from Guangzhou/KLOC-0, but the relevant staff rushed to Guangzhou for a court session, which is incredible. Liu Suxia said that in this trial, the relevant units refused to let her see a lawyer, appointed a defense lawyer, and were not allowed to be tried in the court hall, and were not allowed to copy the file. Liu Suxia remembers that shortly after the trial, a staff member of the relevant unit handed over the printed and stamped criminal judgment to himself. ?
Liu Suxia said that in this 20 16.3. 15 conflict, the relevant units have called about 19 experts and forensic doctors for repeated injury identification. Their position seems to be to repeatedly verify that Wu's fracture is a fresh injury, but the fact is that the fracture has already produced callus. Hubei inter-provincial appraisal divided the comminuted fracture into two places, and then carried out selective appraisal, intentionally. According to this round of withdrawal, from detention, arrest, repeated prosecution to judgment ... he was deprived of his rights by secret supplementary investigation. Many acts such as identification and inter-provincial trial have violated relevant legal procedures. Hubei's appraisal opinion is not the new evidence obtained by the discovery stipulated by law, but is re-made for Liu Suxia's inter-provincial confidentiality.
Liu Suxia appealed, "I originally opened a small shop in front of the county seat, selling tobacco, alcohol and non-staple food. It has been opened for 18 years, and I usually take care of it myself. Suddenly caught for so long, the shop was destroyed, which caused me great losses. " Now I have appealed to Zhoukou for the second instance. I implore the second instance to exclude illegal evidence of Hubei experts' opinions, correct the wrong judgment of the first instance, and pronounce Liu Suxia innocent.
Legal link:
(hereinafter referred to as the "two highs" judicial interpretation)
The above-mentioned judicial interpretation of the "two highs" is a hard clause and there is no room for flexibility. Once the ruling made by the relevant unit to approve the withdrawal of the lawsuit takes effect, the proceedings will not only be terminated, but also irreversible. In the absence of new facts and new evidence, for whatever reason, the relevant procuratorial units cannot appeal the same case again, and the relevant judicial units should not accept it again. New evidence refers to the evidence collected and retrieved after the withdrawal of the prosecution, which is enough to prove that the facts of the original alleged crime can be ascertained.
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