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The author:(作者)aaapublished in(发表于) 2014/12/14 9:10:16 The NIE Shubin son mother this morning to the Tomb-news， scheduled to visit Shandong
Last night the Beijing News, said the Supreme Court, according to the Hebei high people's court application by the Supreme Court and the spirit of the relevant provisions of the law, decided the NIE Shubin of the Hebei higher people's Court of final appeal case of wilful killing, raping women, instruction, Shandong higher people's Court for review.
In 1994, rape murder occurred on the outskirts of Shijiazhuang, the NIE Shubin was identified as "murderer", was executed the following year. In 2005, the fugitive Wang Shujin after being captured, claimed by the rape and murder case that year, "a murderer." In April 2007, Wang Shujin was sentenced to death in the first instance, with "failing to prosecute him in Shijiazhuang rape and murder case" as an appeal. In September 2013, the Hebei higher people's Court ruled that non-Nie Shubin murderer Wang Shujin, Wang Shujin dismissed the appeal and upheld. At present, Wang Shujin death had yet to be reviewed.
Hebei higher people's Court ruled that the book shows that the NIE Shubin's crime scene investigation transcripts, autopsy reports, although there are flaws, such as no witness signature in form, but the above evidence dossiers are made at the time of the original material, counsel referred to transcripts of crime scene investigation and autopsy report flawed opinions, not enough to negate the evidence of objective reality. Also, do not belong to the illegal evidence exclusion situations.
■ 回顾
On August 5, 1994
Zhai rape murder occurred near the village of West suburb of Shijiazhuang, holes. Later the police task force will be suspect the NIE Shubin control.
On April 27, 1995
After the first and second instance, the NIE Shubin by the Shijiazhuang municipal intermediate people's Court in order to rape and murder the death penalty.
January 18, 2005
Henan xingyang police fugitive Wang Shujin. In Shijiazhuang and other places claimed to have raped several women and killing 4 people, one detail and location and the height of the NIE Shubin.
In April 2007
Wang Shujin, Handan city intermediate people's Court of first instance sentenced to death and deprived of political rights for life. Wang Shujin "not charged him in West suburb of Shijiazhuang, maize and rape and murder case", citing appealed to the Hebei high people's Court.
On July 10, 2013
In Handan Hebei higher people's Court according to law to continue to the second instance court Wang Shujin rape, premeditated murder appeals.
On September 27, 2013
Hebei higher people's Court ruled that non-Nie Shubin murderer Wang Shujin, Wang Shujin dismissed the appeal and upheld.
■ 发布
Review procedure would protect the lawyers ' rights
Supreme Court heads last night says the trial supervision, review the work that the people's Court to determine whether the case should be retried the necessary procedures are integral part of the procedure for trial supervision. The NIE Shubin's case is complex cases with great social concern. Supreme Court upon application of the Hebei higher people's Court and the spirit of the relevant legal provisions, Shandong higher people's Court decided on the NIE Shubin instruction off-site review, and request review process in accordance with public law, fully reflect the objective and impartial.
What procedures will apply to Shandong higher people's Court for review, the NIE Shubin case can hire lawyers, lawyers take the marking problems, the official said, Shandong higher people's Court in accordance with the criminal law, and the Supreme People's Court on the application of < People's Republic of China criminal law > sought review of the NIE Shubin's explanation of the relevant procedures. Specific review work in strict accordance with the "open, fair and just" principles of law. According to the spirit of the relevant provisions of the criminal procedure law, delegate appeals on his behalf the NIE Shubin near relatives's lawyers can refer to, excerpt and copy relevant dossier.
The official also said the Supreme Court had instructed the Shandong higher people's Court notify the lawyer under review progress of work, shall protect the lawyers, ask the agent to express and other procedural rights. In the process of reviewing, close relatives of the defendants and the victim can be lawyers. Shandong higher people's Court will be staffed by capable forces form a collegial panel to review the case, to ensure judicial justice, the people's Court will publicly review the case in accordance with law.
■ 解析
Case review does not necessarily enter the retrial procedure
Specifies the Shandong higher people's Court of the Supreme Court reviewed the NIE Shubin, rather than directly into the procedure.
The Supreme Court told the Beijing news reporters, generally speaking, after a second trial after a final judgment in a criminal case, if the defendant objects, but also carries out relief. The superior court may, if it considers that the case of the problems of unclear facts, insufficient evidence, but a retrial of the case.
Exists, generally refers to review procedures for cases of unclear facts, insufficient evidence and other issues, the superior court may appoint other court review, confirmed cases during the review process for these problems, if they really exist, based on the review results to decide whether a retrial.
The NIE Shubin, the NIE Shubin cases against Shandong higher people's Court again scoring survey, seen in the review of the case whether the problems of unclear facts, insufficient evidence, such as found in these issues, consider whether to enter the retrial.
This person said, which means that even though they entered the NIE Shubin case review procedures, but would not necessarily enter the retrial, but on the basis of the review results inconclusive.
A long-standing concern of the NIE Shubin's case scholar believes that the Nie Shubin review could proceed, with Wang Shujin case has much to do. Although the Hebei high people's court eventually decided that Wang Shujin is the NIE Shubin's "murderer", whether sufficient evidence but the NIE Shubin, still need to reinvestigate the verdict of the Court.
The scholar said the NIE Shubin case is more complex, the Supreme Court started reviewing showed its positive attitude towards the dispute cases, specify the off-site review also helps the case continued in a neutral environment-related programs.
■ 追访
Nie Mu to be sons grave this morning news
After 21 o'clock yesterday, the NIE Shubin mother Zhang Huanzhi told the Beijing News, she received a call from the NIE Shubin lawyer Liu Bojin around 20 o'clock, they told her the review of information, she couldn't even believe it, "never occurred to this progress. "She has arranged with his wife and son went to the Tomb early in the morning today, to tell him the good news. She said went to Shandong will cooperate with lawyers handling the case. Zhang Huanzhi also said the son someday could see who was also innocent.
Zhang Huanzhi had previously made several trips to the Hebei high people's Court asked the case progressed, and when access to the case file, "at least one or two times per month", said Zhang Huanzhi. She last went there on December 2, but received no clear answer.
Lawyer Liu Bojin said last night: "it is a good step forward, is procedural justice. Offsite review is the NIE Shubin case lawyer has consistently adhered to the requirement. "Liu Bojin said it would contact Shandong higher people's Court this morning, demanding immediate scoring, met and went to Hebei and Zhang Huan.
Wang Shujin's lawyer Zhu Aimin to Beijing news reporters he had heard that the NIE Shubin heart very glad to case review. Zhu Aimin as a defence counsel in taking up the case of Wang Shujin for almost 10 years, during which he saw Zhang Huan and forth between the Hebei higher people's Court and the Supreme Court.
"Only through normal legal procedures, in order to settle the matter within the limits prescribed by law. I hope that through joint efforts, to promote a fair trial of the case. "Zhu Aimin said.
Earlier, Wang Shujin case has entered the procedure for review of death sentences, as to whether the NIE Shubin case review will affect this, Zhu Aimin said that reviewed the NIE Shubin rape homicide cases for that year, to have a more objective and accurate judgment. "Although the two cases from the point of view is not the case there is a conflict, but on the facts of the case that there are intersections, Wang Shujin's review of death sentences will certainly affect. "Zhu Aimin said.
This version of the manuscript/Beijing News reporter Xing Shiwei Zhu Liudi
(Original title: Supreme: the NIE Shubin case Shandong higher people's Court review)
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