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published in(发表于) 2014/7/16 9:12:45
Hunan juveniles being held 5 years after the acquittal， intends to sue the responsibility investigating officials

Central wide nets in loudi, July 16 (Xinhua) according to report in the news aspect of things going back to the evening of July 13, 2009, loudi, Hunan police came to the home of a teenager named Ouyang, looking for his brother, OU-Yang Wang, in that OU-Yang Wang Jia took after working in the field. Jia learned that himself was suspected of involvement in the robbery on July 3 of that year were caught. District Court of loudi city, he has been the star in the name of robbery was sentenced to 10 years and 6 months and 8 years. But just the other day, was held for 5 years, Jia was acquitted.

Loudi city intermediate people's Court's not guilty verdict showed that existed at various points of the case, evidence of Jia participation in a robbery there are significant doubts and cannot be reasonably excluded, there is no complete evidence chain, lack of evidence, the prosecution of the alleged crimes cannot be established. Now that the evidence is insufficient, what is the basis for sentencing? Jia has experienced how the five years?

On December 11, 2009, louxing District Court's first hearing on the case. Prosecutors alleged robbery, finds that Jia is principal, 9 days later, louxing District Court ruling and sentenced him to 10 years imprisonment for 6 months. On November 8 last year, second instance verdict on the case. Louxing District Court sentenced Jia sentenced to 8 years. Jia appealed, and ultimately acquitted.

Assaulting Xiang Jia defence counsel: such statements evidence alone, and after the words of contradictory evidence, there is no good evidence that Ouyang robbery crime.

Loudi intermediate people's Court of innocence judgement displayed, first case of a named Wei fai of involved personnel for said robbery proposed who and main Messenger for Ouyang looked, but testimony evidence proved Ouyang better of brother Ouyang looked, and with village another one Ouyang looked are no modus operandi time, and police is in caught Ouyang looked Shi will Jia away, Ouyang better of case process exists doubts; victims statement 5 people holding knife robbery, modus operandi people for said 6 people modus operandi, modus operandi number Shang exists major questions.

In addition, the co-accused for Ouyang between cell phone use and in connection with the robbery contact taxi drivers, but Jia cellphone records show there were no calls. Jia Zeng Zhifei defence counsel told reporters that the points they had made during the trial period:

Jia Zeng Zhifei had defence counsel: the documentary evidence and statements in connection with personnel problems. Hui and other co-defendants have proved that two co-defendants will be two victims after the call by Jia 6 let the driver surnamed Chen with a taxi robber robbed, 2 were transferred to the village, but the time of the crime without the phone records.

Zeng Zhifei said more doubt is: apart from the words testify, stolen mobile phone, necklace and machete of the crime has not been found, co-accused driver surnamed Chen and taxis are never found. In addition, the co-accused confessions related to Jia in detail, there are many contradictions cannot be reasonably excluded other co-accused if he knew whether Jia and Jia were involved in robbery is in doubt.

Ouyang's lawyer attacked the auspicious: by dossier was informed that this was the trial judge's initiative to obtain evidence, according to co-accused say when identifying photo is a photo with Jia first so they can see, asking them to identify the that you identify this picture and then sign, they can go home. They were younger did not understand, did so, but later, in 2013, the full confession, investigators and indicate in the record of the case is what gets the identification record.

The views expressed in the judgment as: police camera phone with MMS on Jia's photos will be sent to police in loudi le ping, Wei Hui (co-accused) hybrid identification on Ouyang's pictures, Wei Hui recognize Ouyang noted that Jia is claimed to look after people. The investigation, transcripts of evidence in this case does not have this identification, unable to prove that Wei Hui was to identify what the photos to recognize whether a witnesses, as well as how to identify.

Louxing District Court after the judgment of first instance, Jia had appeal, the ruling on June 25, 2010 by the loudi city intermediate people's Court ruled that citing unclear facts, insufficient evidence removed, sent back for retrial. So why louxing District Court with insufficient evidence to hold judgment Jia guilty? Contacted louxing district court official told reporters that they did not interview about it.

Hunan province loudi city intermediate people's Court in the judgement of the Court of final appeal found that: "Jia and his defenders requested acquittal on the appellant's grounds of appeal and defence establishment, this Court accepted them. Which facts are not clear, insufficient evidence. "But recalled that five years of experience, Jia is like going through a nightmare.

Cheung told reporters the attack that they will apply for national compensation on the case as soon as possible and be submitted to the procuratorial, investigative organs charged with, and request relevant personnel responsibilities:

Assaulting Xiang: unreasonably be held for five years, he may have to apply for State compensation. Also a part of the spiritual loss of pension, as well as the five-year spending spending came to his house to his case. Key accountability issues, assigning cases related to the process of investigators, Jia will also pursue complaints to relevant departments, to be held accountable for this responsibility.

As for Jia, although eventually acquitted, but that five years was a great blow to him:

Jia: I think it was thought (acquitted), but my premise is that someone check my case, then there is definitely hope. Those cases, let them think white sat for five years (in prison) what it is.

(Original title: juveniles being held in Hunan taste 5 years after the acquittal of white prison investigators should think)

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