It took 4 years to prove that the injury appraisal error was changed to acquittal, and the parties received 220,000 national compensation

The Paper's reporter Duan Yanchao

On December 30, Ma Xianzhong received a text message, and 220,506.7 yuan of state compensation money arrived.

Ma Xianzhong was sentenced to one year and three months in prison for intentional injury. On August 31, 2020, he received a criminal verdict from the Tongxu County Court in Kaifeng City, Henan Province, and changed his verdict to acquittal. At this time, it has been more than 3 years since the implementation of the original criminal law was completed. After Ma Xianzhong proposed state compensation, the Tongxu County Court only supported his personal freedom compensation, and did not support his claim for compensation for moral damages. He was not satisfied, and then applied to the Kaifeng Intermediate Court for compensation.

On November 17, 2021, the Compensation Committee of the Kaifeng Intermediate People's Court made a decision on compensation: Tongxu County Court compensated Ma Xianzhong for personal freedom of 170,506.7 yuan and mental damage consolation payment of 50,000 yuan. The Tongxu County Court, within the scope of the impact of the infringement, eliminated the influence, restored his reputation, and apologized for the compensation request.

After four years of the case, Ma Xianzhong and his defender sought verification from many sources, and finally proved that the victim's injuries did not constitute minor injuries. At the end of the acquittal judgment, the court also found that the appraisal of the degree of human injury in the original case that found that the victim constituted minor injuries was insufficient, and the public prosecution organ charged the defendant with intentional injury on this basis, and the evidence was insufficient, and the crime could not be established.

The Paper (www.thepaper.cn) previously reported that on February 24, 2016, Ma Shuqin and his son-in-law went to Ma Xianzhong to discuss housing issues, and in the gatehouse of Ma Xianzhong's home, the two sides beat each other, and Ma Xianzhong injured Ma Shuqin's nose with his fist. Five days after the incident, Ma Shuqin went to Kaifeng Central Hospital for examination and diagnosed: fracture of the left nasal bone branch and the left maxilla frontal process. Accordingly, the forensic doctor of the Tongxu County Public Security Bureau identified Ma Shuqin as a minor injury of the second degree. On March 22, 2016, Ma Xianzhong was criminally detained.

However, Ma Xianzhong's defender took the CT image examined by Ma Shuqin at the Kaifeng Central Hospital and registered Li Shuxin, an authoritative imaging expert in Henan Province, and diagnosed it as a "left maxillary frontal process fracture" and no left nasal bone fracture. After that, the procuratorial organ instructed the case-handling organ to re-entrust the appraisal.

According to the "Forensic Human Body Injury Degree Consultation and Appraisal Certificate of the Kaifeng Municipal Public Security Bureau Forensic Evidence Laboratory" in September 2016, forensic doctors and police officers successively took Ma Shuqin to the Second Hospital of Traditional Chinese Medicine of Kaifeng City, the 155th Central Hospital of the People's Liberation Army, the People's Hospital of Henan Province, and the People's Hospital of Zhengzhou City for re-examination, and all of them found fractures of the frontal process of the left maxilla, but none of them detected the fracture of the left nasal bone branch. However, some hospitals have found that the left nasal and chin seam is widened, which is consistent with nasal suture separation. "After consultation and discussion by provincial forensic experts, it was believed that the separation of the left nasal and maxillary suture was a nasal bone fracture, so Ma Shuqin suffered trauma and fractured the left nasal bone and the left maxillary frontal process fracture, constituting a minor injury of the second degree."

On March 20, 2017, the Tongxu County Court rendered a first-instance judgment, sentencing Ma Xianzhong to one year and three months in prison for intentional injury and compensating the plaintiff, Ma Shuqin, for medical expenses of 4,388 yuan.

At the first-instance trial, the forensic doctor of the Kaifeng Municipal Public Security Bureau Forensic Evidence Laboratory appeared in court and pointed out that they identified the separation of the nasal suture as a nasal bone fracture, and the theoretical basis was the forensic science textbook "Forensic Living Body Injury Identification Imaging Atlas" and "Medical Imaging", and the nasal suture separation was in the chapter on nasal bone fractures.

In this regard, Ma Xianzhong entrusted his defender to find the first author of two forensic science textbooks and conduct a written investigation.

Yi Weili, the first editor-in-chief of the "Forensic Living Body Injury Identification Imaging Atlas" and professor of forensic science at the Criminal Police College of China, said in the "Fact Sheet on the Meaning of the Chapter on "Nasal Fractures" that he personally believes that after the bone suture is healed, the separation due to external forces reaches a certain degree or dislocation, which can be regarded as a fracture in the appraisal; if one side of the maxillary frontal process fracture is accompanied by the separation of the free part of the process on the same side from the nasal bone fracture, it is actually a concomitant phenomenon of fracture injury, and should not be used in "one fracture and two places" If the contralateral or other part of the frontal process fracture of one side of the maxilla, the nasal bone fracture occurs due to injury, it can be considered a fracture in the identification. Professor Li Songbai, author of "Medical Imaging" and director of the Department of Radiology of the First Affiliated Hospital of China Medical University, said in the lawyer's investigation record that the separation of the nasal seam is written under a small section of the nasal fracture, which does not mean that the separation of the nasal seam belongs to the fracture of the nasal bone, and "the separation of the nasal and jaw seam itself is not a fracture."

After the two written materials were submitted to the Kaifeng Intermediate People's Court, on July 17, 2017, the court ruled that the facts of the original first-instance judgment were unclear, revoked the original first-instance judgment, and remanded for retrial. On August 31, 2020, the Tongxu County Court changed the verdict to Ma Xianzhong's acquittal.

Editor-in-Charge: Chen Xingwang Photo Editor: Chen Feiyan