Original Comrade-in-Arms New Newspaper 2022-02-26 08:00
The judge transforms into "investigator" Tang Qiutao/Wen
This is yet another private criminal prosecution case.
Private prosecutor Yu X (female) indicted her case: On August 24, 1996, she and her husband and daughter went from a passenger car from Qinhuangdao City to a suburban county, where they quarreled with the female conductor and then tore each other apart. At this time, the driver Zhang Moumou stopped the car, left the driver's seat and kicked her twice. She said that because she was pregnant and felt unwell, she asked Zhang to drive her to the town health center on the way. On the same day, the health center diagnosed after preliminary examination, did not rule out threatened miscarriage, and gave symptomatic treatment such as fetal protection and rehydration fluids, but failed to save the baby, and on the 29th, she miscarried in the health center.
After that, the private prosecutor Yu XX sued the driver Zhang XX for intentional injury, and the court of first instance entrusted forensic appraisal conclusion that Yu XX's traumatic miscarriage constituted minor injuries, because the facts of the case were simple, the court of first instance did not form a collegial panel, and the sole judge made a criminal attached civil judgment, found that defendant Zhang XX committed the crime of intentional injury, sentenced him to two years' imprisonment, and compensated the private prosecutor and plaintiff in the attached civil lawsuit Yu XX for several economic losses.
When I received the appeal of defendant Zhang X, I was already the president of the Second Criminal Division, and at that time, the case filing division was not randomly divided by the case filing division with a computer, but the division president selected the appropriate case-handling personnel according to the specific circumstances of the case to preside over the trial. I assigned the case to female judge Yang Xuejun. Her trial style is in-depth and meticulous, and she has relatively rich trial experience. Judge Yang reported to me after reading the file that Zhang xxx's two reasons for appeal were that he had not kicked Yu xxx, and the other was to question that the private prosecutor Yu xxx had an artificial abortion and fake abortion in a county hospital, and provided relevant witnesses and evidence clues.
The first reason, has been summoned and questioned a new witness, the passenger in the same car, Jin XX, Jin XX proved that he rode to a suburban county that day, when the conductor and the passenger quarreled, the driver never left the driver's seat, but stopped to persuade and pull the frame. From this point of view, there is contrary evidence in the fact that Zhang xxx kicked and injured Yu xx, and the witness's testimony is objectively neutral. As for the second ground of appeal, it is necessary to go to the suburban hospital for further verification based on the clues provided by the appellant, is this case remanded for retrial, or is it directly investigated by us? After a short hesitation, I realized that the night was long and dreamy, and I could not let the counterfeiters have the opportunity to collude, so I told Judge Yang that first, he should keep the case strictly confidential and not leak information, and second, he should be an "investigator" and investigate and collect evidence as soon as possible.
At that time, when it was afternoon when a suburban county located in a mountainous area was inconvenient, Judge Yang and the clerk drove to the county hospital in the afternoon, and they carefully checked the outpatient admission records and found that there were records of women with the same name who had performed abortion on August 28. Before leaving work, I received reports from them of important witnesses and evidence leads, and I felt like a soldier had found a target in the forward position, both excited and nervous. I immediately asked them to extract relevant documentary evidence at the county hospital site, and found two direct witnesses overnight, made testimony records, and fixed the evidence. I didn't get home from work on time that day, but waited in the office for news of them, making sure that they would coordinate the support of the territorial court immediately in the event of resistance to the investigation or an emergency.
In my anxiety, I waited for the results of Judge Yang's investigation and evidence collection. The original private prosecutor, Mr. Yu, did not carry sufficient surgical fees when he performed an abortion operation in the county hospital, and it was her cousin Wu xxx, who was a nurse in the hospital, who wrote a "letter of guarantee" for him, and Wu xxx not only proved the process of guaranteeing the surgical fee for Yu xxx, but also proved that Yu xxx, who had abortion surgery, was exactly the same age, appearance, home address, and kinship relationship as Yu xx involved in the case. The testimony of the obstetrician and gynecologist Yang X proves the fact that he gave Yu X intra-amniotic injection for induction of labor, which is also consistent with the relevant documentary evidence (medical record).
At this point, the truth about Yu X's false accusation against defendant Zhang XX for causing his traumatic miscarriage came out. It turned out that the original prosecutor, Yu Moumou, did not rest and protect the fetus after being admitted to the town health center on the 24th, but went to the county hospital for artificial abortion surgery on the 28th, and returned to the town health center on the 29th to deliver a stillborn fetus. After ascertaining the truth of the facts in this case, the final judgment revoked the original judgment and declared the appellant Zhang X innocent.
One of the principles of criminal procedure in the Chinese legal system is "false accusations and anti-sitting". The practice of sitting back against the false accuser is to punish the false accuser with the punishment received by the false accuser, which in turn sanctions the false accuser. Since the Qin and Han dynasties, successive laws have been customized. The Tang Lu Dou Litigation falsely accuses the anti-sitting article: "All those who falsely accuse others, each sits backwards." The Yuan Law "Great Yuan Tong System • Litigation" also stipulates: "Those who make false accusations sit back on their crimes." "The Ming and Qing laws have additional methods for false accusations and anti-sitting: those who falsely accuse people of flogging are added to the second degree of the falsely accused; the sins of exile, discipleship, and cane are added to the three grades of the false accusations, and each sin stops with a hundred rods and flows for three thousand miles.
In the early years after the founding of the People's Republic of China, there was no criminal law, and cadres and masses who were falsely accused and framed during the "Cultural Revolution" abounded. In view of the profound lessons of the "Cultural Revolution", the first paragraph of article 138 of the Criminal Law of the People's Republic of China, formulated in 1979, stipulates that "anyone who fabricates facts to falsely accuse and frames another person shall be given a criminal punishment with reference to the nature, circumstances, consequences and sentencing standards of the crime falsely accused." In this case, the maximum statutory sentence for the crime of injury (minor injury) falsely accused by the private prosecutor Yu XX is three years in prison, and Yu XX's false accusation has already had the serious consequences of making people innocent and unjustly accused.
Yu Moumou was transferred to the public security organ by the court of first instance for filing and investigation, and after the procuratorate prosecuted, the court sentenced him to three years in prison for the crime of false accusation and frame-up, which responded to the judgment of Wang Xifeng in the "Dream of the Red Chamber": "The organs are too clever in calculating", although they did not "reverse Qingqing's life", they also ended up in prison.
The Municipal Intermediate Court informed the grass-roots courts throughout the city of the handling of this case, warning against unjust, false and wrongly decided cases. In addition, the judge who handled the wrongful case in the first instance was held accountable, the defendant in the original trial who was wronged, Zhang Moumou, was wronged and received state compensation for being wrongly detained, and Judge Yang, who corrected the wrong case in the second instance, was awarded the third class merit.
【About the author】Tang Qiutao, male. Born in November 1947, a native of Lulong, Hebei Province, he graduated from the Chinese language and literature of the self-study examination, joined the army in February 1968, and successively served as a soldier, clerk, squad leader, propaganda officer, organization officer, and political coordinator. In 1987, he was transferred to the Qinhuangdao Intermediate People's Court, where he successively served as a judge, vice president, division president, and member of the adjudication committee, and performed outstanding and remarkable achievements in handling a major case, and was jointly awarded the third class merit by the Central Commission for Discipline Inspection, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Supervision, the Hebei Provincial CPC Committee, and the Hebei Provincial People's Government. Senior Judge retired in 2007. He is currently a member of the All-China Philatelic Federation and a member of the Council of the All-China Philatelic Federation.