A murder 25 years ago put him in jail. Three years ago, after losing his freedom for 22 years, he walked out of prison, but his pace of justice for himself has never stopped. This time he saw hope - the Sichuan Higher People's Court decided to retry the suspected "Li Jin murder".
Li Jin said in an interview with The China Business Daily on June 24: "I have been looking forward to a full 25 years and looking forward to the acquittal. ”
Li Jin
<h1 class="pgc-h-arrow-right" Why did > the murder case involve Li Jin? </h1>
Why did a murder involve Li Jin? Li Jin told the China Business Daily reporter that he had a previous record of theft, and on June 14, 1988, he was sentenced to three years in prison for theft, and was released in October 1990.
At 9:00 a.m. on September 27, 1995, he was arrested by the police from the street of Cucumber Garden Town, Yuanmou County, Chuxiong Yi Autonomous Prefecture, Yunnan Province. Since then, his fate has come together with the redress of justice.
Li Jinshen's case begins 25 years ago — in the early morning of October 14, 1994, a robbery and murder occurred in Yuanmou County, Yunnan Province: passengers Bai Helin and Yao Suhua got off the train and stayed in Room 208 of the Yuanmou Engineering Section Guest House, and were found robbed and killed in the early morning of the next day.
The Sichuan Provincial Higher People's Court (1999) Chuan Xing Zhong Zi No. 444 Criminal Ruling found that at about 15:30 on October 13, 1994, Li Jin and others (Pu Moucheng and Pu Mouneng) tracked passengers Bai Helin and Yao Suhua who came down from the 548 train at the Yuanmou Railway Station, and found that the two were living in Room 208 of the Yuanmou Engineering Section Guest House. At about 1:00 a.m. on October 14, Li Jin and others carried tools such as crowbars and daggers through the gate and entered the guest house. Li Jin crashed into Room 208 and used a crowbar and dagger to hit and stab the sleeping Yao Suhua and Bai Helin in the head and chest, causing Bai Helin to die immediately and Yao Suhua to be seriously injured. Li Jin grabbed one of Yao Suhua's handbags and ran with others to climb the wall at the back wall to escape. At 5:50 a.m., outsiders found that Yao Suhua and Bai Helin had been killed and reported the crime, and the police arrived at the scene and found that Yao Suhua was not dead, but died of injuries on the way to the hospital for rescue.
Sichuan Provincial Higher People's Court (1999) Sichuan Xing Zhong Zi No. 444 Criminal Ruling
On December 26, 2002, the Sichuan Provincial Higher People's Court rendered the (1999) Chuan Xing Zhong Zi No. 444 Final Ruling, upholding the Chengdu Railway Transport Intermediate People's Court's judgment that Li Jin was convicted of robbery and sentenced to life imprisonment.
<h1 class= "pgc-h-arrow-right" > spent 22 years in prison without pleading guilty</h1>
Li Jin told the China Business Daily reporter that after he was imprisoned, he served his sentence in three prisons, spent 22 years in prison, and after seven commutations, he was released in July 2017.
"I know that I will not admit guilt or commute my sentence, but I have never pleaded guilty, and my application for commutation was written for me by someone else, and my name was also signed on my behalf." I have been seeking redress during my sentence, writing appeal materials to the relevant state departments in 2008, and writing appeal materials in 2015 after knowing that the state stressed the need to further correct and prevent unjust, false and wrongly decided cases. There were still some appeal materials before his release from prison in 2017, but it is not known whether these materials were sent out or not. Li Jin said, "After I was released from prison, the first time I was to find a lawyer to seek redress, and I am very grateful to the lawyers Yang Mingjian and Zhang Judui for their help." ”
<h1 class= "pgc-h-arrow-right" > Lawyer: Li Jinguo did not have the temporal and spatial conditions for committing crimes</h1>
Li Jin's lawyer Zhang Judui told the China Business Daily reporter that their investigation found that on October 14, 1994, when the crime occurred, Li Jin was working in Yingjiang County, Dehong Prefecture, and it was impossible to be in Yuanmou County, Chuxiong Prefecture, where the crime occurred. After being arrested on September 27, 1995, Li Jin also truthfully stated to the case-handling personnel that there were no time and space conditions for committing the crime and that he did not commit robbery and murder, but the case-handling personnel forced the complainant to make a false "confession of guilt."
Li Jin told the Huashang Daily reporter: "I said at the time that someone could prove that I was not present at the scene of the crime, but the investigators said that the witness was too far away to collect evidence. I said I could pay for the evidence, and they asked me ,' where did the money come from? I firmly said I hadn't done it, but they forced me to admit it... The night I was caught, I was handcuffed to a stool and kept from sleeping all night. ”
Li Jin also told the Reporter of Huashang Daily about the evidence that he was not at the scene of the crime. He said that on September 20, 1994, he spent the Mid-Autumn Festival at his home in Fang, Yingjiang County, and after the Mid-Autumn Festival, he and several co-workers went to a place called Hongpo River at the junction of China and Myanmar to cut wood and carry wood. About a month or so, he and Fang returned from the Hongpo River to The home of Fang X in Yingjiang County for more than a month, and only returned to Yuanmou from Yingjiang County at the end of 1994.
Lawyer Zhang Judui told reporters that they also confirmed Li Jin's statement after being questioned by the other party. Fang Moumou said: "From the beginning of 1994 to June, Li Jin helped manage the sugarcane forest in my house, in July because of the construction of a hydropower station upstream of the Song River, we worked together in Tongbiguan Township to help villagers relocate and build houses, before the Mid-Autumn Festival (September 20, 1994) to go home for the festival, after the Mid-Autumn Festival, we went to the China-Myanmar junction with a worker to work, and after more than 20 days Li Jin followed me back home to work for a few days, until the end of the ninth month of the lunar calendar (November 3, 1994). Therefore, lawyer Zhang Judui believes that at the time of the crime, Li Jin was working in Yingjiang County, Yunnan Province, and it was impossible to return to the scene of the Yuanmou crime 700 kilometers away to commit the crime, and the direct evidence based on the conviction in the effective judgment was only Li Jin's own confession of guilt, without any objective evidence.
< h1 class= "pgc-h-arrow-right" > filed a complaint in accordance with the law after Li Jin's release from prison</h1>
The Chengdu Railway Intermediate People's Court ruled in the first instance that Li Jin, Pu Moucheng, and Pu Mouneng constituted the crime of robbery, and sentenced Li Jin and Pu Moucheng to death and deprived of their political rights for life; sentenced Pu Mouneng to death with a two-year suspension of execution and deprivation of political rights for life.
After Li Jin appealed, the Sichuan Higher People's Court ruled in the second instance that "the facts found in the original judgment were unclear and the evidence was insufficient", and ruled to remand for retrial. After the retrial, the Chengdu Railway Intermediate People's Court ruled that Li Jin constituted the crime of robbery and sentenced the complainant to life imprisonment and deprivation of political rights for life; Pu Mouneng and Pu Moucheng did not constitute a crime.
The Chengdu Railway Transport Branch of the Sichuan Provincial Procuratorate lodged a protest, and the Sichuan Higher People's Court upheld the first-instance judgment against the complainant. The complainant was released in July 2017 at the end of his sentence.
Lawyer Zhang Judui said that according to the accusations of the public prosecution organs, the confessions of Li Jin, Pu Moucheng, and Pu Mouneng corroborated each other, but they were found not guilty, and the falsity of Li Jin's "guilty confession" has become obvious. In addition, the Sichuan Higher People's Court also "assigned" Li Jin as a co-defendant, that is, "colluded with others", but so far, none of the co-defendants "appointed" by the Sichuan Higher People's Court for the complainant have not been brought to the case.
Based on the above evidence and analysis, lawyer Zhang Judui said that both lawyer Zhang Kudui and Lawyer Yang Mingjian believed that Li Jin did not carry out the crime at all, nor did they have any evidence to prove that the complainant committed the crime of robbery and murder, that the facts and the application of the law determined by the effective judgment were completely wrong, and that the trial procedure was seriously illegal, so the complainant filed a complaint according to law.
< h1 class= "pgc-h-arrow-right" > the Sichuan Higher People's Court decided to retry the case</h1>
On June 11, 2020, the Sichuan Higher People's Court made the (2019) Sichuan Xingshen No. 130 Retrial Decision. Regarding Li Jin's appeal, the Sichuan Higher People's Court held that Li Jin's appeal met the circumstances stipulated in Article 253, Item 2 of the Criminal Procedure Law that a new trial should be held, and decided that the Sichuan Higher People's Court would separately form a collegial panel to conduct a retrial.
Sichuan Higher People's Court retrial decision
Zhang Judui told the China Business Daily reporter that according to the legal provisions cited in the Sichuan Higher People's Court's decision to retry, "the evidence based on conviction and sentencing is not true, insufficient, should be excluded according to law, or there is a contradiction between the main evidence proving the facts of the case, the people's court should retry it", and he is very confident that Li Jin can obtain a verdict of innocence in the retrial.
<h1 class= "pgc-h-arrow-right" > Li Jin hopes to hold the trial as soon as possible and hopes to get a verdict of acquittal in court</h1>
Li Jin told the Huashang Daily reporter that after being released from prison, in addition to finding a lawyer to complain, he still had to live. Therefore, after being introduced by a friend, he followed the boss to build a color steel house in Yuanmou County, Chuxiong Yi Autonomous Prefecture, yunnan province, and the boss was very good to himself after knowing what happened to him, "Because I have no home, so I eat and live at the boss's house." At present, he is building a color steel house in the town. When I first got out of prison, it was difficult to adapt to society, and I couldn't even use my mobile phone, but I was taught little by little by the people who worked together. ”
Video screenshot of Li Jin's work scene
Compared with his work, Li Jin is most concerned about the progress of the case. He hopes to hold the trial as soon as possible, and when the time comes, he will definitely go to the Sichuan Provincial High Court to appear in court, hoping to get a verdict of innocence in court. After obtaining the verdict of acquittal, the relevant personnel must first be held accountable, and secondly, they must apply for state compensation.
Huashang Daily reporter Wang Limin Editor Liu Ni
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