2010年6月7日星期一

Nephew and uncle acquitted after 15 years deferred for 7 years without result the State Compensation

Was acquitted after 15 years detention


Chen newspaper reporter in Handan


April 29, 2003, Linzhang suspected of intentional homicide of the Features Liu Yintang nephew and uncle two years after the acquittal of 15 deferred. 7 years ago, has been applied for state compensation is still lack of compensation for Liu nephew and uncle.


■ 22 years ago, a tragedy changed the fate of Liu nephew and uncle


February 27, 1988, Linzhang official with the arson occurred in the village, killing four dead one injured. Subsequently, the village villagers Judicial Conciliation, Liu Yintang as suspects have been arrested by public security organs. In early 2003, two detainees in the detention center after 15 years, was acquitted for lack of evidence. Freed the two level to the Linzhang's Procuratorate, the Handan City Procuratorate, Handan Intermediate People's Court made the country nearly one million yuan compensation. But seven years later, the state compensation is no audio delay.


Village officials in Linzhang, Liu Qin-Sheng, Liu Yin-Tang, and Judicial Conciliation is an ancestor of the same clan relatives. Liu Qin-sheng is the Judicial Conciliation of tetra, Liu Yin-Tang is the Judicial Conciliation of Tang Shu, Judicial Conciliation childhood death of his father, two uncles who see Junhai mother with two children is not easy, usually it is to take care of his family, the three relations are very close There is little contradiction. But then something happened, instead letting Liu Qin-Sheng and Liu Yin-Tang, Judicial Conciliation two against each other.


At 23 o'clock on the February 27, 1988 at about, Liu Qin-Sheng, had suddenly caught fire. Ferocity of the fire are hard to control, Qin Liu's wife Wang beads are only spot burned to death, Liu Qin-Sheng and her daughter Liu Huifang, the eldest son Liu Huiyong, the second son of Liu Huimin Burns was sent to the hospital, on the way Liu Huifang death, Liu Huiyong, Liu Huimin after she died, only Liu Qin-Sheng One person out of danger.


After the incident, when he was 18 years old Judicial Conciliation busy in the hospital to take care of tetra, but a few days, the village began to pass the day of the fire is put Judicial Conciliation and Liu Yin-Tang, when, Judicial Conciliation did not care about the human village, saying, care in the hospital for 20 days, went back to the factory to work. A few days later, the public security authorities went to his factory workers to investigate, he did not care. Until at 16 o'clock on the May 1 about Judicial Conciliation it can not really care about them.


Day he took a bath after work, is lying closed quarters, factory security section of the people came, said Public Security Bureau, they approached him and let him look out. Judicial Conciliation one out, he was handcuffed and taken to the police station for investigation. Also three or four days, Judicial Conciliation on the "move up."


When he was 45 years old Liu Yin-Tang is May 30 meeting in the brigade were taken, on June 25, the two of them were also arrested.


Judicial Conciliation after being locked in detention centers, in order to calculate time, his daily draw a vertical line on the wall represented a day, it is so painted 5444. In the Features Liu Yin-Tang, when counting the number of live, their family members are non-stop running with. The two were arrested after the victim claimed to find Liu Qin-Sheng revenge their families, their families did not dare to live in the village had to stray from home, working for a living. Judicial Conciliation mother Shenyu Zhu and Liu Feng-Qin Guo Yin-Tang's wife of 15 years, more than half their time out to find someone to redress. Home, no money, they took a few bread on the road, thirsty, drink a few mouthfuls of cold water, eating a few mouthfuls of bread hungry at night to sleep on the train station, and sometimes drink a bowl of porridge a day.


Long-term detention center for two of life left indelible wounds. August 15, 1998, Judicial Conciliation as brain tumor, was released on bail, July 19, 1999 was again imprisoned. Half of 2001, Liu Yin-Tang was cerebral thrombosis, life can not take care of themselves, can only rely on the same number of people wait on.


■ deferred acquitted after 15 years


After 11 years, that is, to October 8, 1999, the case by the Handan Intermediate People's Procuratorate to the prosecution of Handan City, Handan City Procuratorate accused: "The accused Judicial Conciliation Liu Qin-sheng and his uncle house known as contradictory. February 1988 mid- 2 again because of a trivial dispute, the Judicial Conciliation will be together with family and Liu Qin-Sheng Liu did not and in the Tang Shu Qin Liu Yintang conspiracy revenge killing of family members of Health. the same year, 11 o'clock the night of Feb. 27, accused the Features Liu Yintang carrying a bucket of gasoline, matches , knives and other tools for committing crimes, sneaked home in front of Liu Qin-Sheng, Liu Yin-Tang inspired Judicial Conciliation sentry outside after the ignition method, Judicial Conciliation poke Liu North house door, into the house, will be placed in plastic buckets filled with gasoline in between the door of the East, with twist cloth for fire, lit the fire and fled. "


November 5, 1999, Handan Intermediate People's Court the first oral hearing the Features Liu Yintang suspected case of homicide, but in court, the Judicial Conciliation and Liu Yin-Tang retracted in court, that their confession was coerced confessions in police officers, under Yougong formation.


April 28, 2003, Handan Intermediate People's Court the second time this court. April 29, 2003, ruling the hospital, said an indictment brought in Handan City Procuratorate accused the Features Liu Yintang fact guilty of intentional homicide clear and sufficient evidence, the charges against him can not be established, sentenced the accused the Features Liu Yintang no Crime does not bear civil liability.


Handan City Procuratorate filed subsequent protest to the decision, the Provincial High Court proceedings in the case, the Provincial Procuratorate that the Handan City Procuratorate protest inappropriate, to the Provincial High Court to withdraw the protest. In this regard, the Provincial High Court, after hearing on the case, in November 19, 2003 ruling upheld the case.


April 29, 2003, was held 15 years later, the Features Liu Yin-Tang was acquitted.


■ application for state compensation 7 years is long


Recently, the reporter saw Judicial Conciliation is fire-resistant plants in the mining area to a peak of less than 10 square meters of quarters, not inside and outside the house is divided into two, 64-year-old Shen Yuzhu the house tidy, the table filled with the Judicial Conciliation of appeal materials. "After the body is to die out, can only rely on people doing odd jobs out of life, because perennial rush, the body is not a good mother, cerebral thrombosis. Now is a lot a lot to take medicine." Judicial Conciliation told reporters.


March 1, 2004, the Features Liu Yin-Tang's Procuratorate submitted to the Linzhang compensation application, request Linzhang's Procuratorate shall be given compensation. Linzhang's Procuratorate to "arrest in the examination and approval stage, there is evidence that the Features Liu Yintang arson murder death of an injury caused by four major results are consistent with the pre-amended section 40 of the Criminal Procedure Law provides that the first" ground, according to the criminal's Procuratorate compensation for three of the provisions of Article 8 stipulates that the complainant the Features of claims for Liu Yintang not recognized.


June 9, 2004, the Features You Xiang Liu Yintang Handan City Procuratorate letter of appeal, the same year on December 9th, Handan City Procuratorate also made the decision not to confirm. The Features Liu Yintang based "State Compensation Law," in January 20, 2005 submitted again to the Linzhang Procuratorate compensation application, request Linzhang's Procuratorate shall be given a total of 71 million yuan compensation, Linzhang people Procuratorate within the statutory time limit did not make any decision. March 28, 2005, They have also told Handan City Prosecutor's Office review applications for compensation for the loss of his decision Linzhang's Procuratorate, but the Handan City Procuratorate within the statutory time limit did not make a decision.


Claims in June 2005 reached the Handan Intermediate People's Compensation Committee.


November 2007, Handan City Intermediate People's Court in accordance with relevant provisions, so the Features Liu Yintang directly to the Handan City Prosecutor's Office request for compensation.


November 27, 2007, the Features You Xiang Liu Yintang Handan City Prosecutor's Office to apply for compensation, Handan City Procuratorate within the statutory time limit did not make a decision.


April 2, 2008, the Features Liu Yintang Compensation Committee to the Provincial Higher People's Court claims, a request the decision of Handan City Procuratorate claimant's loss. Provincial High Court replied that the case is Linzhang Procuratorate organs under compensatory obligations should be Handan Intermediate People's Court to pay compensation Compensation Commission decision.


7 years, things are back to the starting point.


 

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