200 1 Fang Shengfa and his neighbor Zhang Yong bit Zhang Yong's thumb in an argument. At that time, Fang Shengfa paid 2300 yuan for medical expenses. A year later, the public security organ appraised Zhang Yong's injury, and the result was slight injury, so Fang Shengfa should bear criminal responsibility. However, Fang Shengfa questioned the appraisal results.
Fang Shengfa and Zhang Yong (a pseudonym) are neighbors. On May 8th, 20001year, they had a dispute over how much electricity they should charge, which later developed into a fight between Fang Shengfa's family of three and Zhang Yong. At that time, Zhang Yong was bitten by Fang Shengfa's finger and immediately went to the hospital for treatment, and reported to 1 10. The Shangtang Police Station in Gongshu District began to intervene in the investigation. So Fang Shengfa took out 2300 yuan, and the police at the police station gave him a receipt for prepaid medical expenses. Since then, this matter has gone away, and it seems to be over.
However, Fang Shengfa was unwilling. One year and four months after the incident, he found the police station again and wanted to see the medical invoice at that time. However, the police at the police station did not show Fang Sheng the invoice. Fang Shengfa is more serious than this. At that time, he called the 96666 complaint number in Hangzhou. The 96666 Complaint Center mainly accepts complaints from the masses about the service attitude and work efficiency of the staff of the party and government organs. After receiving the complaint, the staff of the complaint center quickly investigated the matter, and finally concluded that the police handling the case did not make a mediation book in time for both parties to sign the matter.
However, Fang Shengfa never imagined that what he was waiting for after complaining was actually a prison sentence. In August 2002, Gongshu District Public Security Bureau of Hangzhou filed an investigation on suspicion of intentional injury. In September 2003, Gongshu District Procuratorate of Hangzhou filed a public prosecution against the other party for intentional injury. In June 2003, 165438+ 10, the Gongshu District People's Court of Hangzhou sentenced Fang Shengfa to one year's imprisonment for intentional injury and causing minor injuries.
One year and four months after the bite, the public security organs have always regarded this matter as a civil dispute. However, only 19 days after Fang Shengfa complained to the police, he was investigated by the Public Security Bureau, which forced him to instinctively relate his experiences to the complaints at that time. Fang Shengfa believes that after the complaint, the public security organs started the criminal procedure again. Chang Jianhua was the person in charge of the complaint center to investigate the matter at that time. He explained to the reporter in detail the process of the public security organ starting the criminal procedure.
Chang Jianhua said that Zhang Yong, whose thumb had been bitten at the time of the incident, insisted on asking for compensation through injury identification, but the police at the police station had been mediating, which made Zhang Yong give up this idea for the time being. Who knows that a year later, Fang Shengfa insisted on checking the medical bills, which angered Zhang Yong. At Zhang Yong's strong request, the public security organ made an injury appraisal of his injured thumb, and concluded that the degree of injury had constituted a minor injury, which meant that the injured Fang Shengfa should be investigated for criminal responsibility, which was unexpected to Fang Shengfa.
Zhang Yong's injury appraisal said that his thumb function declined, which constituted a minor injury. But Fang Shengfa questioned the appraisal made one year and four months later. He thinks that if he is seriously injured, he should continue to see a doctor, but Zhang Yong hasn't seen a doctor for more than a year, and his neighbors saw him as a welder repairing the refrigerator. Doubt belongs to doubt, but Fang Shengfa doesn't know how to overturn Zhang Yong's injury identification.
At this time, the doctor who treated Zhang Yong also issued a certificate saying that Zhang Yong had lost 50% of his thumb function and needed to be hospitalized for repair surgery. It costs about 8000 yuan. Both pieces of evidence show the extent of Zhang Yong's injury. In this way, according to the injury identification and the doctor's certificate, the court found that Fang Shengfa constituted the crime of intentional injury, sentenced him to one year's imprisonment, and compensated Zhang Yong, the plaintiff incidental to criminal proceedings, for more than 7,000 yuan.
After the judgment of the first instance, Fang Shengfa felt very wronged. What happened a year ago is now a criminal case? Why do you still need to bear criminal responsibility? So Fang Shengfa appealed to the Hangzhou Intermediate People's Court. During the trial, Fang Shengfa's defense lawyer found that there were problems in the evidence, which made Fang Shengfa see a turning point. First, the lawyer questioned the medical record. The medical record written by the orthopedic surgeon said that it was an injury of extensor longus tendon, and later it was written as an injury of flexor longus tendon.
There are two different descriptions of Zhang Yong's injury in the two certificates issued by the hospital questioned by the lawyer. After the first examination, he said that the extensor digitorum longus tendon of his left hand was injured, and the second time he said that the flexor digitorum longus tendon of his left hand was injured. So these two injuries are the same thing? The reporter interviewed relevant experts in Beijing. Experts say that the flexor tendon is on the prone side of the finger and is mainly responsible for the flexion of the finger, while the extensor tendon is on the back side of the finger and is mainly responsible for the extension of the finger. The two are completely different.
Why does the same doctor give two different diagnoses for the same wound of the same patient? The reporter went to Zhejiang People's Hospital and found a doctor who had treated Zhang Yong. Dr. Chen explained that there was a clerical error in writing the medical record for the second time. He can be sure that Zhang Yong's thumb was injured by the extensor digitorum longus tendon, that is, the thumb could not be stretched. But both Dr. Chen and another colleague mentioned some details when Zhang Yong came to see a doctor. Dr. Chen said that the bite wound was not big at that time, so it should not move at all, but Zhang Yong's thumb could not move all the time during the examination, so the doctor suspected that he was cheating.
The so-called fraudulent injury is that the patient exaggerates the injury. The doctor also explained that the paragraph in the medical record issued for the second time about the need to repair the operation cost of 8,000 yuan was written at the request of Zhang Yong who came to issue the certificate, but no such operation was actually performed. The injured Zhang Yong was very angry with the hospital's statement. He said he hadn't seen a doctor for years, just to preserve the evidence. He is worried that he won't admit it as soon as his thumb is repaired.
What is the real reason why Zhang Yong didn't treat his injured thumb? The reporter can't judge, but now at least one problem has been confirmed. The doctor admitted that the medical record issued at that time was not objective, which means that there is something wrong with this important evidence that convicted Fang Shengfa. Then, Fang Shengfa's lawyer questioned another crucial evidence, and the problems in this damage report were also full of loopholes. This time, the lawyer questioned the injury appraisal issued by the public security organ. According to the appraisal, Zhang Yong's left thumb extensor longus tendon was injured, which constituted a minor injury. The injury shows that the thumb and forefinger can be pulled out when grasping the paper. Relevant medical experts said that it is impossible to have such symptoms in extensor longus tendon injury.
As Dr. Zhou, who made this appraisal at the beginning, was not interviewed by reporters, it is still unknown how he made this injury appraisal. However, for Fang Shengfa, things have completely changed. Hangzhou Intermediate People's Court re-entrusts Zhejiang Personal Injury Appraisal Committee to re-evaluate the injured Zhang Yong, and concludes that Zhang Yong's finger only constitutes minor injuries, so Fang Shengfa does not constitute criminal responsibility, and the court ruled that Fang Shengfa is not guilty.
Subsequently, in April 2006, Fang got the state compensation ruling, and the court that convicted him awarded him 5000 yuan and apologized to him. However, Zhang Yong, the other party to the dispute, was very dissatisfied, because Fang Shengfa was released and the compensation of more than 7,000 yuan originally awarded to him by the court of first instance was cancelled. Zhang Yong said that it has been nearly six years since this incident. In the past six years, he has been investigated by various departments countless times and has been assessed again and again. However, he only got some original medical expenses after tossing today. Zhang Yong said that his hand was still dysfunctional and he didn't know what to do.
Moderator: Teacher Qu, what should the police do if one of them calls the police?
Qu Xinjiu: Generally speaking, such cases are handled as civil disputes. If one party thinks that the bite is serious or the situation is serious, it should quickly identify the injury and then deal with it accordingly. That's like Fang Shengfa's suggestion. After the mediation, there should be a mediation result. You should give me a detailed statement and let me pay the medical expenses. Fang Shengfa's appeal is justified.
Moderator: Because it involves injury identification, Fang Shengfa also has a huge question. Don't recognize early, don't recognize late. Will you do it again after more than a year?
Qu Xinjiu: From a legal point of view, the statute of limitations for cases like this is five years, and it can be done within five years, but the law is not dead. To speak quickly and in time means to make a quick judgment when handling a case, so he will make an appraisal one year later. From this perspective, it is not against the law, but actually against the most basic spirit of the law.
Moderator: Fang Shengfa was investigated for criminal responsibility because the bitten person constituted a minor injury. What is the standard for investigating criminal responsibility for such a thing?
Qu Xinjiu: Those who cause minor injuries shall be investigated for criminal responsibility. If you don't cause minor injuries, such as minor injuries, the law also stipulates that you can pursue administrative responsibility instead of criminal responsibility.
Moderator: The result of the second trial overturned the result of the first trial, because there was something wrong with the evidence that Fang Sheng was initially convicted at the first trial. Why should criminal cases be prompted?
Qu Xinjiu: Because civil cases are personal matters of citizens, they are tried by individuals. The longer a criminal case drags on, the more likely it is that the evidence will be destroyed. Therefore, whether the appraisal book is good or the diagnosis is good, there are a series of corresponding problems, and there may even be fraud, which makes the appraisal conclusion untrue.
Moderator: But there are always two sides to everything. Now, Fang Shengfa feels comfortable, while Zhang Yong feels depressed. He felt bitten, and I lost. Now that you overturned the first trial in the second instance, it shows that the original compensation was in vain, and he believes that his damage should be compensated.
Qu Xinjiu: Of course, the bitten person can claim civil compensation, and then show the corresponding evidence himself, and the civil court will decide how much compensation he should get.
Moderator: Administrative law enforcement agencies should be cautious every time they enforce the law, because this does not represent the image of a law enforcer, but is related to the prestige and majesty of the whole law enforcement agency. If the relevant law enforcement officers think that their law enforcement actions may have an impact on the corresponding citizens for several years or even a lifetime, then the next law enforcement actions will of course become extra cautious.