Case classification
199310124 On October, two boys disappeared in Zhangjia Village, Huangling Township, Jinxian County, Nanchang City, Jiangxi Province. Subsequently, the boy's uncle reported the case to the police. The day after the report, the police found the boy's body in the local reservoir, which was identified by forensic doctors as strangled, strangled and dumped in the reservoir; On the third day after the report, Zhang Yuhuan was identified as a major criminal suspect and was taken away for investigation; 1995 65438+1On October 26th, Nanchang Intermediate People's Court sentenced Zhang Yuhuan to death, suspended for two years, and deprived him of political rights for life; Zhang Yuhuan appealed to the court, which rejected the original judgment and conducted a retrial. 200 1 1 1 7. The court sentenced Zhang Yuhuan to death again, with a two-year suspension of execution and deprivation of political rights for life; Zhang Yuhuan appealed again, but this time the court rejected the appeal; After more than 20 years, Zhang Yuhuan and his family insisted on not pleading guilty. Finally, at 4 pm on August 4, 2020, the Jiangxi Higher People's Court made a final judgment? The facts of the original judgment were unclear and the evidence was insufficient? , declared Zhang Yuhuan not guilty. Evidence that Zhang Yuhuan was identified as the real murderer.
Zhang Yuhuan's three confessions; The sacks found by the police at the scene of the corpse dumping, the hemp rope found at Zhang Yuhuan's home and Zhang Yuhuan's work clothes are all jute fibers; The scar on Zhang Yuhuan's hand was identified as being left when there was a dispute with the victim on the day of the incident; Two legal bases for Zhang Yuhuan's acquittal.
The Criminal Procedure Law revised from 65438 to 0996 established the principle of never suspecting a crime, which stipulated that? If the defendant cannot be found guilty due to insufficient evidence, he shall be acquitted. Because of insufficient evidence, the accused crime cannot be established. ?
1997 stipulates in the criminal procedure law that if the defendant is sentenced to death without a defender, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. Zhang Yuhuan's case is a death penalty case, but there is no defense lawyer since 20 17, which is a procedural violation; ?
I believe in our motherland and hope that the law can truly safeguard the legitimate rights and interests of every citizen in China, and neither wronged a good person nor spared a bad person.