The procuratorate accused that since 2009, the defendants Liu Social, Zhang Xinli, Wang Li had planned in advance to organize the victims Liu Moumou (male, 54 years old), Sheng Moumou (male, 40 years old), Sun Moumou (male, 49 years old) and Zhao Moumou (male, 40 years old) by means of beatings, insults and verbal threats. 20 10 On April 30th, Liu Jieshi, Zhang Xinli, Liu Huimin and Wang Li were arrested and brought to justice by the public security organs.
The procuratorate believes that the defendants Liu Social, Zhang Xinli, Wang Li organized a number of disabled people to beg by violence or coercion, and should be investigated for criminal responsibility for organizing disabled people to beg.
It is reported that this case is the first case in Beijing to be prosecuted after the criminal law added the crime of organizing the disabled and children to beg in 2006.
At 20111310 in the morning 15, the court of Haidian court heard the case, which was broadcast live by China court website.
Moderator: The trial work is ready and the clerk has entered the court.
Clerk: Now read out the rules of court. 1. No recording, video recording, photography or recording without permission; 2, are not allowed to enter the test area; 3. Applause, noise, noise and other behaviors that affect the trial activities are prohibited; 4. Don't talk and ask questions; 5. Pay attention to maintaining indoor hygiene; 6. Please turn off the wireless communication tools. The presiding judge, the court personnel on duty and the judicial police shall admonish and stop those who violate the discipline of auditing. If they don't listen to the advice, according to the decision of the presiding judge, they can confiscate the films, audio tapes and video tapes. Or ordered to withdraw from the court until criminal responsibility is investigated according to law.
Presiding judge: (knocking the hammer). The court is now in session. Please ask the bailiff to bring the defendants Liu Society, Zhang Xinli, Wang Li to court.
Presiding judge: First defendant, what's your name?
Defendant: (First Defendant Liu Jieshi) Liu Jieshi.
Presiding Judge: Is there any other name?
Defendant: (Liu She) None.
Presiding Judge: When were you born?
Defendant: (Liu She) 197 1 year165438+1October 25th.
Presiding Judge: Nation?
Defendant: (Liu Society) Han nationality.
Presiding Judge: Education level?
Defendant: (Liu She) Primary School.
Presiding Judge: Native place?
Defendant: (Liu She) Shangcai County, Henan Province.
Presiding Judge: Home address?
Defendant: (Liu She) Menglou Village, Wulong Township, Shangcai County, Henan Province.
Presiding Judge: Do you have a job?
Defendant: (Liu She) farmer.
Presiding Judge: Have you ever been tried and punished by law before?
Defendant: (Liu She) No. ..
Presiding Judge: Have you hired a defender?
Defendant: (Liu She) No. ..
Presiding Judge: When were you detained?
Defendant: (Liu She) 2065438+April 30, 2000.
Presiding Judge: When were you arrested?
Defendant: (Liu She) 20 10 June 2.
Presiding Judge: What are you arrested for?
Defendant: (Liu She) is suspected of organizing the crime of begging for the disabled.
Presiding Judge: When did you receive the copy of the indictment from the Haidian District People's Procuratorate in Beijing?
Defendant: (Liu She) 2010 65438+February 23rd.
Presiding judge: Second defendant, what's your name?
Defendant: Zhang Xinli.
Presiding Judge: Is there any other name?
Defendant: Zhang Li.
Presiding Judge: When were you born?
Defendant: (Zhang Xinli) 197 1 July 2,.
Presiding Judge: Nation?
Defendant: (Zhang Xinli) Han nationality.
Presiding Judge: Education level?
Defendant: (Zhang Xinli) illiterate.
Presiding Judge: Native place?
Defendant: (Zhang Xinli) Shangcai County, Henan Province.
Presiding Judge: Home address?
Defendant: (Zhang Xinli) Menglou Village, Wulong Township, Shangcai County, Henan Province.
Presiding Judge: Do you have a job?
Defendant: (Zhang Xinli) farmer.
Presiding Judge: Have you ever been tried and punished by law before?
Defendant: (Zhang Xinli) No. ..
Presiding Judge: Have you hired a defender?
Defendant: (Zhang Xinli) No. ..
Presiding Judge: When were you detained?
Defendant: (Zhang Xinli) 20 10 April 30th.
Presiding Judge: When were you arrested?
Defendant: (Zhang Xinli) June 2, 20 10.
Presiding Judge: What are you arrested for?
Defendant: (Zhang Xinli) is suspected of organizing the crime of begging for the disabled.
Presiding Judge: When did you receive the copy of the indictment from the Haidian District People's Procuratorate in Beijing?
Defendant: (Zhang Xinli) 2010 65438+February 23rd.
Presiding judge: Third defendant, what's your name?
Defendant: Liu Huimin.
Presiding Judge: Is there any other name?
Defendant: (Liu Huimin) No.
Presiding Judge: When were you born?
Defendant: (Liu Huimin)1May 24, 974.
Presiding Judge: Nation?
Defendant: (Liu Huimin) Han nationality.
Presiding Judge: Education level?
Defendant: (Liu Huimin) Primary School.
Presiding Judge: Native place?
Defendant: (Liu Huimin) Shangcai County.
Presiding Judge: Home address?
Defendant: (Liu Huimin) Menglou Village, Wulong Township, Shangcai County, Henan Province.
Presiding Judge: Do you have a job?
Defendant: (Liu Huimin) farmer.
Presiding Judge: Have you ever been tried and punished by law before?
Defendant: (Liu Huimin) No. ..
Presiding Judge: Have you hired a defender?
Defendant: (Liu Huimin) No. ..
Presiding Judge: When were you detained?
Defendant: (Liu Huimin) 20 10 April 30th.
Presiding Judge: When were you arrested?
Defendant: (Liu Huimin) 20 10 June 2.
Presiding Judge: What was the arrest for?
Defendant: (Liu Huimin) is suspected of organizing the crime of begging for the disabled.
Presiding Judge: When did you receive the copy of the indictment from the Haidian District People's Procuratorate in Beijing?
Defendant: (Liu Huimin) 2010 65438+February 23rd.
Presiding Judge: Defendant 4, what's your name?
Defendant: Wang Li.
Presiding Judge: Is there any other name?
Defendant: (Wang Li) Hou Li.
Presiding Judge: When were you born?
Defendant: (Wang Li) 197 1 year165438+1October 23rd.
Presiding Judge: Nation?
Defendant: (Wang Li) Han nationality.
Presiding Judge: Education level?
Defendant: (Wang Li) Primary School.
Presiding Judge: Native place?
Defendant: (Wang Li) Shangcai County, Henan Province.
Presiding Judge: Home address?
Defendant: (Wang Li) Menglou Village, Wulong Township, Shangcai County, Henan Province.
Presiding Judge: Do you have a job?
Defendant: (Wang Li) farmer.
Presiding Judge: Have you ever been tried and punished by law before?
Defendant: (Wang Li) No. ..
Presiding Judge: Have you hired a defender?
Defendant: (Wang Li) No. ..
Presiding Judge: When were you detained?
Defendant: (Wang Li) 20 10 April 30th.
Presiding Judge: When were you arrested?
Defendant: (Wang Li) June 2, 20 10.
Presiding Judge: What was the arrest for?
Defendant: (Wang Li) is suspected of organizing the crime of begging for the disabled.
Presiding Judge: When did you receive the copy of the indictment from the Haidian District People's Procuratorate in Beijing?
Defendant: (Wang Li) 2010 65438+February 23rd.
Presiding Judge: In accordance with the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC), the Haidian District People's Court of Beijing held a public hearing today to hear the case of Liu Jieshi, Zhang Xinli, Wang Li, the defendants prosecuted by the Haidian District People's Procuratorate of Beijing, who organized begging for the disabled. Zhang Peng, the acting judge, served as the presiding judge of our court, and formed a collegial panel with people's jurors Cheng Baorong and Wang Yijing, and the court clerk Yi Meng took the court record. Lin Jie, the deputy prosecutor appointed by Haidian District People's Procuratorate of Beijing, appeared in court to support the public prosecution. Did you hear me clearly?
Defendant: (4 defendants) Listen carefully.
Presiding Judge: According to the provisions of the Criminal Procedure Law of People's Republic of China (PRC), during the court hearing, the defendant has the right to apply for withdrawal, the right to apply for notifying new witnesses to appear in court, the right to obtain new material evidence, and the right to apply for re-appraisal or inquest; Have the right to defend themselves, and the defendant has the right to make a final statement. Does the defendant understand?
Defendant: (4 defendants) I understand.
Presiding Judge: Do you apply for withdrawal?
Defendants: (4 defendants) did not apply for withdrawal.
Presiding Judge: Now the court investigation begins. First, the prosecutor reads the indictment.
Prosecutor: Read the indictment. Since 2009, the defendants Liu Social, Zhang Xinli and Wang Li have planned in advance to organize the victims Liu Moumou (male, 54 years old), Sheng Moumou (male, 40 years old), Sun Moumou (male, 49 years old) and Zhao Moumou (male, 40 years old) to take beatings, insults and verbal threats. 20/kloc-
Prosecutor: Defendants Liu Social, Zhang Xinli, Wang Li organized a number of disabled people to beg by violence or coercion, and should be investigated for criminal responsibility for organizing disabled people to beg.
Presiding Judge: Did you hear clearly?
Defendant Liu Society: I heard you clearly.
Defendant Zhang Xinli: I heard you clearly.
Defendant Wang Li: I heard you clearly.
Defendant Liu Huimin: I heard you clearly.
Presiding Judge: Is the indictment read by the public prosecutor consistent with what you received?
Defendant Liu Society: Consistent.
Defendant Zhang Xinli: Consistent.
Defendant Wang Li: Consistent.
Defendant Liu Huimin: Consistent.
Presiding Judge: Defendant, what's your opinion on the facts and charges in the indictment?
Defendant Liu Society: I have never beaten a disabled person.
Defendant Zhang Xinli: I have never beaten a disabled person.
Defendant Liu Huimin: I have never hit a disabled person.
Defendant Wang Li: No comment.
Presiding Judge: Please ask the public prosecutor to question the defendant about the content of the accusation.
Prosecutor: The defendant will no longer be questioned by the court.
Presiding Judge: Let's give evidence and cross-examine it in court. First, the prosecutor provides evidence to the court.
Prosecutor: Read out the confession of the defendant Liu Social, and confirm that since April 2009, the defendants Liu Social, Zhang Xinli and Wang Li have organized the blind, Sheng Correction, Sun, Zhao Ruyi and others to beg around the Third Hospital of Haidian District and Chaoyang District, among which Liu Social has beaten the disabled.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: I have never beaten a disabled person.
Defendant Zhang Xinli: I have never beaten a disabled person.
Defendant Liu Huimin: I have never hit a disabled person.
Defendant Wang Li: No comment.
Presiding Judge: Tell me the order of these blind people going to Beijing.
Defendant Liu She: Zhao Ruyi was the first one, and I can't remember the others.
Prosecutor: The confession of the defendant Zhang Xinli was read out, which confirmed the situation that she and Liu Society and others organized the blind to beg. Four blind people live in a room. Scold if you want, and fight if you want. No matter what the weather is like, they are asked to go out and beg.
Presiding Judge: What's your opinion, defendant?
Defendant Zhang Xinli: I didn't abuse or threaten the blind.
Defendant Liu Society: There is objection to the amount.
Defendant Liu Huimin: I didn't abuse or threaten the blind.
Defendant Wang Li: No comment.
Prosecutor: Read the confession of the defendant, which proves that Wang Li, together with Liu Society, Zhang Xinli and the organization, coerced the blind to beg.
Presiding Judge: What do you think of the defendant?
Defendant Liu Huimin: I have never hit a blind person.
Defendant Liu Society: I have never hit a blind man.
Defendant Zhang Xinli: I never hit the blind, nor did I frighten the blind.
Defendant Wang Li: I have never seen Liu Huimin hit anyone.
Prosecutor: Read out the confession of the defendant Wang Li, which proves that since 2009, the defendant Wang Li, together with Liu Society and Zhang Xinli, has coerced the blind to beg. The blind man was discovered by Liu Jianshe, the eldest brother of her husband Liu Huimin, in Henan. He, Liu Xueshe, Liu Xueshe took these blind people to beg in Beijing. No money has been given to the blind man since September. The blind man wants to go home, and he and Liu Society both beat the blind man. On April 30th, 20 10, he was arrested by the police when he was begging with Sheng.
Presiding Judge: What's your opinion, defendant?
Defendant Wang Li: No comment. I hit someone, but I've never seen anyone hit anyone.
Defendant Liu Society: I have opinions, but what she said is not true.
Defendant Zhang Xinli: I have never hit a blind person.
Defendant Liu Huimin: I want to make a complaint. It was the disabled man who hit me.
Presiding Judge: Did the blind man beg for more than 5,000 yuan and mail it home?
Defendant Liu Huimin: By post.
Prosecutor: Read out the victim's statement, which proves that the defendant Wang Li has been collaborating with Liu Society and Zhang Xinli to organize the blind to beg since 2009. I don't want to play the erhu and beg them, but I told them that they would scold me and hit me if they didn't let me. I am blind, I can't resist, and I can't run if I want to. They just said that I can't wait for insulting words like pig and dog. They hit me many times, but I can't remember the details. They just often punched and kicked me and asked me if I would still work for them. I had to say that I would work for them, so they stopped hitting me. I was sore all over when I was beaten. After a long time, I have recovered now.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: I have never hit a blind man.
Defendant Zhang Xinli: I have never hit a blind person.
Defendant Liu Huimin: I have never hit a blind person.
Defendant Wang Li: I did, but I don't know if anyone else hit anyone.
Prosecutor: Read out the confession of the victim, which proves that the defendant Wang Li has collaborated with Liu Society and Zhang Xinli to organize the blind to beg since 2009. Some of them hit me, that is, kicking my back with their feet and hitting my head with their fists. They hit me twice, the first time was in May, and a few days later they hit me again. It hurt at that time, but it's all right now.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Wang Li: No. ..
Defendant Liu Huimin: No. ..
Prosecutor: Read the statement of the victim Sun, which proves that since February 2009, the blind Sun was forced to play the erhu to beg. Among them, Liu's society and coercion of the blind and Sun begging.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: I don't know.
Defendant Zhang Xinli: I didn't beg from Sun.
Defendant Liu Huimin: I didn't hit the blind.
Defendant Wang Li: I have no opinion.
Prosecutor: Read out the statement of the victim Zhao Ruyi, which proves that Wang Li, Liu Society and Zhang Xinli organized the blind to beg, beat and scold. Liu society threatened me with insults, often hitting me on the back with his hand, and said, "If you want to go home, I will kill you." About four or five times. I can't remember the exact time and place.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: I didn't beat and scold the blind.
Defendant Zhang Xinli: I didn't beat and scold the blind.
Defendant Liu Huimin: I didn't beat and scold the blind.
Defendant Wang Li: I didn't hit Zhao Ruyi.
Prosecutor: Read the testimony of witness Xu Congming, which proves that Xu Congming started begging when he saw Sheng Correction in Wudaokou subway station in August and September 2009.
The testimony of witness Duan Baoyuan was read out together, which proved that Sheng corrected the situation of playing erhu and begging at the gate of the Third Hospital of Beijing Medical University.
The testimony of witness Ling was read out together, which proved that Sheng corrected the situation of playing erhu and begging.
Read the testimony of witness Guo Quanhua together, proving that Liu Zhimin played erhu and begged in the Third Hospital of Beijing Medical University.
Presiding Judge: What's your opinion, defendant?
Defendant Liu She: No comment.
Defendant Zhang Xinli: Didn't go out every day.
Defendant Liu Huimin: No comment.
Defendant Wang Li: No comment.
Prosecutor: Read the testimony of witness wu shichang (the landlord of the defendant's rented house), which proves that Wang Li, Liu Society and Zhang Xinli organized the blind to beg. Three brothers and daughter-in-law go out with four blind people before 7: 00 every morning and come back around 12 in the evening. Rain or shine, they go out every day, and there is no time when they don't go out.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Prosecutor: Read out the testimony of witness Lu Guichen, which proves that the public security organs captured the defendants Wang Li, Liu Jieshi, Zhang Xinli.
Combined with the testimony of witness Wang Xiaodong, it is proved that the public security organs arrested the suspects Wang Li, Liu Society, Zhang Xinli.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Prosecutor: The following is the record of inquest and inspection, which proves that on May 10, 2005, the public security organ inspected Wang Li's rental house in Chengshou Temple, Fengtai District, Beijing, under the witness of witness investigation. The police found no suspicious items, the inspected cooperated with the work, and the indoor items were not lost or damaged.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Prosecutor: Show photos of physical evidence and two photos of the victim Liu Zhimin and his begging tools to prove the situation of Liu Zhimin and his begging tools.
Two photos of the victim's corrective begging tools to prove the situation of corrective begging tools.
Photos of the victim's grandson 1 piece, to prove Sun's condition.
There are 1 photo of the victim Zhao Ruyi, which proves Zhao Ruyi's situation.
Photos of rental house 10, which prove the living environment of the blind in Chengshou Temple rental house in Fengtai District.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Prosecutor: Show the diagnosis and medical records, as well as Liu Zhimin's diagnosis and medical records, to prove that Liu Zhimin has binocular vision disability.
Sheng corrected the diagnosis certificate and medical record to prove that he was diagnosed as binocular vision disability due to leukoplakia, right eyeball atrophy and left corneal staphyloma.
Sun's diagnosis certificate and medical records prove that Sun was diagnosed with binocular vision disability on April 30th, 20 10.
Zhao Ruyi's diagnosis certificate and medical records prove that Zhao Ruyi was diagnosed with binocular visual disability on April 30th, 20 10.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Prosecutor: Show the Registration Form for Accepting Criminal Cases, which proves that Liu Jieshi, Zhang Xinli and Wang Li were arrested by the police for coercing the disabled to beg.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Prosecutor: The process of stating the case proves that Wang Li's passive arrival in the case does not involve surrender or meritorious service. It proves that Liu Huimin surrendered passively, and Wang Li assisted the public security organs in catching the accomplices. Prove the arrival process of Zhang Xinli and Liu society.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Prosecutor: Show the identity certificate of the defendant and prove the identity of the defendant.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Prosecutor: We can't find out the situation of the victim and the blind man surnamed Cao now. Please show me the instructions for handling the case.
Presiding Judge: What's your opinion, defendant?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Liu Huimin: No. ..
Presiding Judge: What evidence does the public prosecutor need to present to our court?
Prosecutor: The evidence has been presented.
Presiding Judge: What evidence does the defendant need to submit to our court?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Presiding judge: Did the defendant apply for notifying new witnesses to appear in court, obtaining new material evidence and requesting re-appraisal or inquest?
Defendant Liu She: Not applicable.
Defendant Zhang Xinli: No application.
Defendant Liu Huimin: No application.
Defendant Wang Li: No application.
Presiding Judge: Did the defendant surrender or perform meritorious service?
Defendant Liu Society: No. ..
Defendant Zhang Xinli: No. ..
Defendant Liu Huimin: No. ..
Defendant Wang Li: No. ..
Presiding Judge: After the court investigation, the court debate will begin. First, the public prosecutor will issue a public prosecution opinion.
Prosecutor: The presiding judge and jurors, through the court investigation just now, proved that the facts charged in the indictment of our hospital are clear and the evidence is indeed sufficient. The public prosecution opinions are as follows:
1. The four defendants organized a number of disabled people to beg by means of violence and coercion, all of which constituted the crime of organizing disabled people to beg;
2. The actions of the four defendants have serious social harm and should be punished according to law;
3. The defendant may be given a lighter punishment;
I hope that the four defendants will learn from today's trial and become newcomers.
Presiding Judge: The defendants will defend themselves in turn.
Defendant Liu Society: We have provided basic living conditions for the disabled.
Defendant Zhang Xinli: I have never beaten or scolded the victim.
Defendant Liu Huimin: I have never hit or scolded the blind.
Defendant Wang Li: I called, but no one else saw it.
Presiding Judge: Does the public prosecutor have anything to add?
Public Prosecutor: Regarding the defense that the four defendants didn't hit people, the public prosecutor thinks that the confession of the four defendants in the public security organs is stable, which is mutually confirmed with the victim's statement and witness testimony, and it is confirmed that the four defendants organized the disabled to beg by means of beating, cursing and coercion, which should constitute the crime of organizing the disabled to beg.
Presiding Judge: At the end of the court debate, the defendants made their final statements in turn.
Defendant Liu Society: I hope to be given a lighter punishment.
Defendant Zhang Xinli: I hope to be given a lighter punishment.
Defendant Liu Huimin: I hope to be given a lighter punishment.
Defendant Wang Li: I hope to be given a lighter punishment.
Presiding Judge: The court is now adjourned, and the collegial panel will conduct deliberation, and the result of deliberation will be announced separately. Take four defendants.
Moderator: Dear netizens, the presiding judge has now announced an adjournment and the trial is over. The live broadcast of this trial was concerned and supported by Yao and Zhao Yan from the Legal Publicity Department of Beijing Higher People's Court, and the research office of our hospital gave technical guidance. I would like to express my gratitude to the staff who participated in the live broadcast of this trial for their hard work.
Disclaimer: This trial record is not a trial record. It is only for the reference of netizens who care about this trial and has no legal effect.
Source: Beijing Lawyers Resource Network.