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published in(发表于) 2013/12/24 8:48:47
Yunnan man acquitted 8-year sentence commuted， witnesses say police pressure

Xinhuanet, Kunming, December 24 (reporter Wang Yan)-two accused of rape, assault case, one person in 8-year sentence after another complaint, 24th, Yunnan Qujing municipal intermediate people's Court on the case law revision, due to the existence of illegal evidence in a case, some evidence has a defect, declaring a defendant acquitted Shi Wei, another defendant were convicted of intentional injury crime only.

From sentence to sentence, in this case both people saw some irregularities of the judiciary law, not in accordance with the "punishment in doubtful cases without" philosophy referee reality, let people see hope of a trend of continuous improvement, judicial norms of rule of law.

　　So many doubts, why do we still found guilty?

In October 2005, huize County in Qujing city, Yunnan province Laguna town government poverty alleviation office worker Shi Wei was abruptly taken away by the police, people talk, speculation continued. Until June 2006, Qujing city prosecutor's Office instituted criminal proceedings against Shi Wei and his colleagues Fan Tiangui, people realized that he was involved in a rape case.

According to allegations of Qujing city prosecutor's Office: October 1, 2005, Fan Tiangui and Shi Wei Gan escorted up to the mountains to rape, sweet and such and such a fight, two people will push it down and threatened with a knife and stones against its head, two men raped and sweet and his badly wounded before fleeing the scene. In September 2006, Qujing city intermediate people's Court of first instance verdict: Fan Tiangui, Shi Wei for rape, intentional injury sin was sentenced to 16 years and 18 years respectively. Fan Tiangui, and Shi Wei appealed, in December 2006, Yunnan province High Court of final appeal ruling dismissed the appeal, upheld.

However, this is considered by Yunnan province High Court of second instance "accurate and appropriate sentencing of conviction, procedural legal" case, agent in Shi Wei Qiu Yun, Yunnan propaganda and law firm lawyers there are obvious gaps. He found, throughout cases is to Shi Wei afterwards of for referred to to pour pushed evidence of: as incident day reported reason is Gan x missing, but police is in found Gan x of a hours Qian on will cases State for rape case; Fan Tiangui first for referred to a people modus operandi, until 8 days Hou of October 9 only first confessed Shi Wei with themselves together modus operandi, and in 5 days Qian of crime scene identified transcripts in the on has identified has then Shi Wei in scene,, "also didn't found people on knows she was rape has? Obviously not logical ". In addition, the victims for its four previous statement only Fan Tiangui-one Fan Tiangui and Shi Wei contradictory as we all know, how could rape hurts ... ...

But Shi Wei finally admitted their involvement in the crime--in a statement from his complaints might be able to find out what happened in the book: "several days in a row not to eat, drink, and sleep"; "until they made statements and for recognition of all things". More funny is, originally more than more than 10 witnesses to prove that Shi Wei were not present on the day, but then changed his tune. Many years later when a retrial in the case, a witness described to the Court: is the police find themselves called "Shi Wei himself confessed, you stop protecting him", what you are afraid, then changed his tune.

　　Road to appeal hard?

In December 2011, the Yunnan provincial procuratorate prosecution recommendation to the high people's Court in Yunnan province, there is new evidence that Shi Wei not shown up at the scene of the murder, put on the grounds of insufficient evidence, appeal may be incorrect, and recommended a retrial.

In March 2012, the Yunnan Provincial High people's court case "trial evidence to prove that it is not true and sufficient evidence of the facts of the case" for the rehearing the case decision.

In November 2012, Yunnan province High Court considered "unclear facts, insufficient evidence", in Qujing city, sends the case back to the Court for retrial.

Schedule may seem simple, but Shi Wei was taken after eight years, he and his family, lawyers, paying a price of ordinary people can't imagine.

Starting from taken away by the police, Shi Wei, to save their own grievances. He said in his complaint: I was wrong to write on a piece of paper, hoping to find opportunities for family members to save themselves, but a cry for help was discovered by corrections officers, even cry for help has become my tallying confessions "evidence". But Shi Wei never gave up, while serving their sentences have continued to appeal.

Shi Wei repeatedly going from second sister Shi Jun and huize of Kunming, more times than even himself does not remember them all; she has time to look for a witness, want her to tell the truth, but avoid seeing each other. In order to save his brother, she even became a creeping up--because a lot of money and energy has been spent on his brother's case, her husband divorced her, children awarded to the other party. For brother grievances, Shi Wei's sister has also been deceived.

　　Those responsible should be held accountable?

On December 24, 2013, Qujing city intermediate people's Court in huize County verdict: allegations Shi Wei engaged in harm, rape and Fan Tiangui rape evidence did not result in a chain of evidence, cannot be reasonably excluded from conflict and doubt, the alleged facts are not clear, insufficient evidence, accused of cannot be established. With the crime of intentional injury to Fan Tiangui sentenced to 6 years, Shi Wei proclaimed innocence and ordered Fan Tiangui reparations to victims for its economic losses of 45,000 dollars.

Faced with this result, Shi Wei's sister, they were happy. Second sister Shi Jun said excitedly: "my hard work has paid off! There is still justice in the world! "The next step and that they will consider applying for State compensation.

As an agent, Qiu Yun deeper experience than the average person: "the case was finally commuted, it shows that justice is righteous! "Analysis of Qiu Yun, this case concerns law enforcement are not standardized. Shi Wei was convicted of that era, although it also prohibits torture, but I don't like this stringent surveillance measures, such as surveillance, interrogations are not allowed to take out of the prison system. "If it is now, does not occur in this case, it shows that our judicial system is improving, but it requires a process. ”

He believes that, in this case error to individuals, families, social justice, law credibility has brought great harm, the consequences are serious. But the case also reflects the progress of the rule of law is substituted. In this case, prosecutors and other judicial authorities in receiving complaints, and then take the initiative to investigate, try error correction, "the prosecution to actively carry out additional evidence, over and over again to prison to do Fan Tiangui, he was finally told the truth, cases with breakthrough, thus contributing to a retrial. ”

For this case, the judiciary also find a loophole in the law enforcement. Qujing municipal Public Security Bureau, the courts concerned have said it will engage in serious introspection, not shield their mistakes, severely dealt with on the basis of the facts. Those responsible are prosecuted, wait and see.

　　新华网昆明12月24日电 (记者 王研)一起强奸、故意伤害案的两名被告人，其中一人在服刑8年间不断申诉，24日云南曲靖市中级人民法院对这起案件依法作出改判，因案件存在非法证据，部分证据存在瑕疵，宣告一被告人施伟无罪，另一名被告则仅被判故意伤害罪。

　　从宣判到改判，这起案件既让人们看到了司法机关一些人不规范执法、未按照“疑罪从无”理念进行裁判的现实，也让人们看到了法治不断完善、司法走向规范的希望。

　　明明疑点重重，为何仍判有罪？

　　2005年10月，云南省曲靖市会泽县娜姑镇政府扶贫办职工施伟突然被警方带走，人们议论纷纷、猜测不断。直到2006年6月，曲靖市检察院对施伟和其同事范天贵提起刑事诉讼，人们才知道他涉及了一起强奸案。

　　根据曲靖市检察院的指控：2005年10月1日，范天贵和施伟将甘某某挟持至山上欲强奸，因甘某某反抗，两人便将其按倒在地持刀威胁并用石头打击其头部，两人先后强奸了甘某某并致其重伤后逃离现场。2006年9月，曲靖市中级人民法院作出一审宣判：范天贵、施伟因强奸罪、故意伤害罪分别被判处有期徒刑16年、18年。范天贵、施伟不服上诉，2006年12月，云南省高院终审裁定驳回上诉、维持原判。

　　然而，这起被云南省高院二审认为“定罪准确、量刑适当、审判程序合法”的案件，在施伟代理人、云南宣和律师事务所律师邱云看来却存在明显漏洞。他发现，整个案件是以施伟事后的供述来倒推证据的：如事发当天报案理由是甘某某失踪，但警方却在找到甘某某的一个小时前就将案件立为强奸案；范天贵首先供述一人作案，直到8天后的10月9日才首次供认施伟跟自己一起作案，而在5天前的犯罪现场指认笔录中就已经指认了当时施伟在现场等，“还没找到人就知道她被强奸了？明显不符合逻辑”。此外，受害人甘某某的前四次供述只涉及范天贵一人；范天贵与施伟有矛盾众所周知，怎么可能一起强奸伤人……

　　但施伟最终却在口供中承认自己参与了犯罪——从他的几份申诉书中也许可以找到原因：“连续几天几夜不给吃、喝，不能睡觉”；“直到按他们的要求承认所有的东西并制成口供”。更蹊跷的是，原本有10多个证人证明施伟当天不在现场，但后来却一起改口。多年后该案再审时，有证人当庭讲述：是警察找到自己称“施伟自己都认了，你们不要再包庇他”，自己害怕了，后来才改口的。

　　申诉之路几多艰辛？

　　2011年12月，云南省检察院向云南省高院提出检察建议，以有新证据证实施伟案发时不在现场、在案证据不充分、原判可能存在错误为由，建议重新审理此案。

　　2012年3月，云南省高院因案件“原审证据据以证明案件事实的证据尚不确实、充分”为由，决定对案件进行再审。

　　2012年11月，云南省高院认为“事实不清、证据不足”，将案件发回曲靖市中院重审。

　　时间表看似简单，但在施伟被抓走后的八年里，他和家属、律师付出了常人无法想象的代价。

　　从被警察带走开始，施伟就努力为自己申冤。他在申诉书中写道：我把被冤枉等情况写在纸上，希望找机会带出来让家人救自己，但求救信被看守人员发现后，连求救信也成了我串供的“证据”。但施伟从未放弃，服刑期间一直不断地进行申诉。

　　施伟的二姐施俊反复奔走于昆明和会泽，次数多得连自己都记不清；她曾屡次去找一名证人，希望她说出实情，对方却一直避而不见。为了救弟弟，她甚至成了孑然一身——因为大量的钱和精力都用在了弟弟的案子上，丈夫跟她离了婚，孩子也判给了对方。为给弟弟申冤，施伟的姐姐还多次被骗。

　　责任人该不该受到追究？

　　2013年12月24日，曲靖市中院在会泽县判决：指控施伟参与伤害、强奸及指控范天贵强奸的证据未能形成证据锁链、存在不能合理排除的矛盾和疑点，指控的事实不清，证据不足，指控的罪名不能成立。以故意伤害罪判处范天贵有期徒刑6年，宣告施伟无罪，同时判令范天贵赔偿受害人甘某某经济损失4.5万元。

　　面对这一结果，施伟的姐姐们很高兴。二姐施俊激动地说：“我的辛苦没有白费！世上还是有公理的！”下一步，她们将考虑申请国家赔偿。

　　作为代理人，邱云的体会则比一般人更深：“案子终于改判了，这说明司法还是公正的！”邱云分析，这起案件涉及执法不规范。在施伟被定罪的那个年代，虽然也禁止刑讯逼供，但不像现在这样有严格的监督措施，比如监控录像、审问不准带离看守所等制度。“如果是现在，这个案子不会发生，这说明我们的司法制度正日臻完善，只是它需要一个过程。”

　　他认为，这起案件的错误给当事人、家属、社会公理、法律公信力都带来了极大的伤害，其后果是严重的。但案件的改判也体现了国家法治的进步。这起案件中，检察院等司法机关在接到申诉后就主动地调查、努力纠错，“是检察机关积极开展补充取证工作、反复去监狱做范天贵的工作，他才最终说了实话，使案件有了突破口，从而推动了再审。”

　　对于这起案件，司法机关也查找了执法存在的漏洞。曲靖市公安局、法院有关人士都表示将进行认真反思，绝不护短，在查清事实的基础上依法严肃处理。相关责任人是否受到追究，人们拭目以待。

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