Reporter/Li Dong Editor/Song Jianhua
Wang Xiyun with his son Chen Wenchao
"Finally, we have waited for the retrial to begin." On May 7, 2021, Wang Xiyun could not hide her inner excitement, she counted the days day by day, and her son Chen Wenchao has been detained for 753 days.
On April 6, 2019, Chen Wenchao accompanied his mother Wang Xiyun to the duty room of the community police brigade of the Jingu Police Station in Luoyang City to resolve the contradictions and disputes with Hu Haihai. When they arrived, Hu Haihai, his eldest daughter Hu Xuefang, his eldest son-in-law Wang Zhichao, and his younger son-in-law Cui Wenshuo were already present. Unexpectedly, the situation quickly got out of control, and a physical clash occurred between the two sides, resulting in Wang Zhichao's right eye injury. Afterwards, Wang Zhichao's injuries were first identified as minor injuries of the second degree, and later as the second degree of serious injuries. On December 5, 2019, Chen Wenchao, as the perpetrator, was convicted of intentional injury in the first instance and sentenced to four years in prison.
Chen Wenchao was not satisfied with the first-instance judgment, saying that at that time, his mother was being beaten by 4 people, he twice went forward to stop it, and there was a bloodshed incident in the process, and his behavior should be legitimate defense, at best, it was excessive defense. After the appeal, on July 20, 2020, the Luoyang Intermediate Court sent the case back to the Xigong District Court for retrial on the grounds that "some of the facts were found to be unclear and the procedures were improper".
At one point, the reporter learned from a number of people who observed the retrial that Chen Wenchao asked a question in court during the trial, saying, "What will you do when you watch your mother being beaten?" Is there any other option than to stop them from saving their mother? What exactly is the right thing to do? ”
The defender argued that Chen Wenchao's conduct met the constituent elements of legitimate defense and defended him as innocent. After the trial, the case was not pronounced in court.
"Explanation" of discrepancies
The deep reporter once learned that after the case entered the retrial procedure, the police officers Ma Teng and Zhang Juzheng, who were at the scene of the incident at the time, as witnesses, recalled the incident again.
On August 18, 2020, the police officer Ma Teng issued a situation statement again, saying that Hu Xuefang reached out and hit Wang Xiyun's arm, so the two women wrestled together. Wang Zhichao and Chen Wenchao stepped forward at the same time, and the two wrestled with each other. The whole process is that Wang Xiyun and Hu Xuefang fight each other, and Chen Wenchao and Wang Zhichao fight each other. In the fact sheet, Ma Teng also said that the fact sheet he wrote the day after the crime did not go into detail about the details of the case.
On August 19, 2020, assistant police officer Zhang Juzheng recalled the incident and basically agreed with Ma Teng's statement.
The reporter noted that there were different degrees of discrepancies between the latest recollections of the two witnesses and the materials of the two people's initial incidents after the incident, especially in the part about Chen Wenchao.
An incident material made by assistant police officer Zhang Juzheng on the day of the crime (April 6, 2019) said that Hu Xuefang and Wang Xiyun were dragged up, Wang Zhichao also came up, and Chen Wenchao, who arrived later, beat Wang Zhichao with his hands.
Ma Teng said in the briefing note the day after the incident that Hu Xuefang and his wife were more emotional and first hit Wang Xiyun's arm and head, and Chen Wenchao stood next to him and saw his mother Wang Xiyun being beaten, and also rushed up to fight with Wang Zhichao.
Once, the reporter called Ma Teng and Zhang Juzheng many times, hoping to learn more about the incident, but neither of them answered the phone. The staff of the Political Department of the Jingu Branch of the Luoyang Municipal Public Security Bureau replied to reporters, saying that the case was already in the trial stage, and the police were inconvenient to speak out.
According to the recording of the incident, Chen Wenchao and Wang Zhichao shouted before the clash, "The police quickly stopped it, why didn't the police stop it!" Within 30 seconds of shouting this sentence, the scene was chaotic. In the recording, Wang Zhichao and Hu Xuefang constantly scolded and screamed "Ah, ah..." After that, "What's up! Let go! Let go! The sound of drinking stopped appearing. The whole incident lasted for 1 minute and 20 seconds, and during the process, Chen Wenchao repeated "Don't move, don't move...".
According to the recording, the media reporter combed the comparison table of words and deeds of the two sides
Justifiable defence
According to Chen Wenchao's confession in the case, after Hu Xuefang first beat his mother Wang Xiyun, "four people on the other side rushed to beat my mother", Chen Wenchao stepped forward twice to stop it, the first time he was tripped up, the second time he was blocked by Wang Zhichao, and his conflict with Wang Zhichao occurred. The key to the electric car in his hand is his own, and he did not intend to hurt people with the key.
Chen Wenchao's confession said, "The 4 of them beat my mother, and I couldn't have looked at it!" He considers his actions to be justified in self-defense.
At the first instance trial of the case in the Xigong District Court, Chen Wenchao's defender argued that Wang Zhichao's side still took the initiative to attack Wang Xiyun when it knew that there was surveillance (and later proved to be damaged), which was an ongoing unlawful infringement, chen Wenchao's counterattack to protect his mother was of a defensive nature, and Chen Wenchao repeatedly used words to prevent the conflict and did not have the intention to fight.
This defence was not accepted by the court. The first-instance judgment of the Xigong District Court shows that the victim has a certain degree of responsibility for the intensification of the contradiction in this case, but the court believes that the "legitimate defense defense opinion" put forward by the defender is not sufficiently justified and does not support it.
In the twelfth batch of Guiding Cases publicly released by the Supreme People's Procuratorate, the Supreme People's Procuratorate pointed out that "in the case of being beaten by someone and being unlawfully infringed upon by personal rights, although the defensive act has caused the objective consequences of major damage, but the defensive measures have not clearly exceeded the necessary limit, it is not excessive defense and does not bear criminal responsibility according to law."
The defender argued that no matter which side's testimony proved that after the unlawful infringement against Wang Xiyun began, Chen Fangchao verbally blocked it and sought help from the police. Wang Zhichao's insults against Wang Xiyun continued to escalate, and Chen Wenchao had been blocking it.
The defender claimed that Chen Wenchao's conduct was justified defense and met the constituent elements of legitimate defense.
According to a number of observers who participated in the May 7 retrial, Chen Wenchao asked questions in front of the chief judge, jurors, prosecutors, and clerks during the trial, saying, "What will you do when you see your mother being beaten?" Is there any other option than to stop them from saving their mother? What exactly is the right thing to do? ”
The incident occurred in the duty room of the community police brigade of the Jingu police station
Evidence to be questioned
The case occurred in the duty room of the community police brigade of the Jingu Branch of the Luoyang Municipal Public Security Bureau, and the recording documents recording the whole process of the crime show that before Hu Xuefang started to move, Wang Xiyun said one after another, "You see her guy (powerful) no, you see!" "This camera is watching!" ”。 Hu Xuefang failed to listen to the advice and said, "Look at it, I'm afraid of it?" "I'll put this aside today, I'll fan you to death!" ”。
Afterwards, the community police brigade of the Jingu Branch of the unit where the crime occurred issued a statement of the situation, saying that after the incident, it was found that the surveillance camera in the duty room was damaged and the time of damage was unknown.
In addition, for the recording of the entire process of the case, the Jingu Branch of the Luoyang Municipal Public Security Bureau said in a statement of information issued to the Procuratorate of The Xigong District of Luoyang City that because this section could not intuitively reflect the process of the case, the recording was not extracted as evidence.
After the case entered the retrial process, the recording was submitted to the court by counsel. In the retrial court on May 7, the recording was made video by the defender and subtitled and played in court. The prosecution and defense cross-examined the audio evidence.
A deep reporter learned that the retrial was held, and a number of evidence were questioned.
Among them, the defendant Chen Wenchao questioned the alleged "murder weapon", saying that the key to the electric car was indeed in his hand at the time of the crime, but he could not be sure whether Wang Zhichao's injury was caused by the key. In the testimony, it is not clear that Wang Zhichao's injury was caused by the key. From the photo of the key, there is no trace of blood.
Chen Wenchao also said that during the investigation stage of the case, the reason why he made a confession of "admitting that he used the key to injure people" was because he was induced by investigators, who said in court that the investigators said to him that "it is not you, it is your mother."
Another piece of questioned evidence was a re-injury appraisal of Wang Zhichao, and the appraisal conclusion was still serious injury, and the appraisal institution was the "Forensic Science Research Institute".
According to the relevant letter sent by the Judicial Appraisal Administrative Equipment Administration of the Supreme People's Court to the Judicial Appraisal Administration of the Ministry of Justice on December 5, 2017, when the people's court needs to conduct a judicial appraisal in a lawsuit, it cannot entrust the "Judicial Appraisal Center of the Shanghai Institute of Forensic Appraisal Science and Technology of the Ministry of Justice". According to the registration data, the "Forensic Science Research Institute" is renamed from the "Judicial Identification Center of the Shanghai Institute of Forensic Science and Technology of the Ministry of Justice".
The defender held that it was unlawful for the Xigong District Court to entrust a re-evaluation procedure.
It is reported that after the trial on May 7, the case was not pronounced in court.
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