On April 24th, Sun Wangang was criminally detained by Qiaojia County Public Security Bureau on suspicion of intentional homicide, and was arrested on April 30th.
On August 5th, Zhaotong Branch of Yunnan Provincial People's Procuratorate filed a public prosecution with Zhaotong Intermediate People's Court.
1On September 20th, 996, the Intermediate People's Court of Zhaotong City (now Zhaotong City) in Yunnan Province sentenced Sun Wangang to death for intentional homicide and deprived him of his political rights for life.
The court found that when Sun Wangang was studying in Kunming, he borrowed money from his fellow countryman and 350 yuan gave it to his girlfriend Chen Xinghui as an entrance examination fee. 1996 65438+1at noon on October 2, villagers called to remind them. Sun Wangang failed to borrow money from many friends, so he tricked Chen Xinghui into a meadow in Hongwei Mountain at about 8: 30 that night and raped him. In order to kill him, Sun Wangang knocked him unconscious with Chen's satchel and cut his neck with a sharp knife he carried with him.
Sun Wangang argued that it was like this at that time: at about 8: 30 in the evening, he and his girlfriend Chen Xinghui came out from their sister's house to Hongweishan. When they were lying on the lawn chatting, his head was suddenly injured by a blunt instrument and he fainted. When I woke up, I found that Chen Xing would disappear. But a voice came from a nearby pool. He followed the sound and found Chen Xing talking to a man in black. When the men in black met Sun Wangang, they said they were investigating prostitution and asked Sun Wangang if he was willing to have sex with Chen Xing. "I have no answer. The man in black took out a knife and let me go, saying that if I didn't go, I would leave a mark on my face with the knife. I was so scared that I was knocked unconscious and went down the mountain. Several classmates and I went up the mountain to look for Chen Xinghui, but we couldn't find him. I still couldn't find it the next day. At night 1 1 point, I was taken away by the police before I knew that Chen Xinghui was dead. "
After the judgment of the first instance, Sun Wangang appealed to the Yunnan Provincial High Court.
1September, 997 19, Yunnan Higher People's Court ruled that the first-instance judgment of Zhaotong Intermediate People's Court was revoked and sent back for retrial on the grounds that the facts of Sun Wangang's killing of Chen Xinghui were unclear and the evidence was insufficient.
1On May 9, 998, Zhaotong Intermediate People's Court, after retrial, sentenced the defendant Sun Wangang to death and deprived him of political rights for life.
Sun Wangang still refuses to accept the verdict and continues to appeal.
1998165438+1October 12. The final judgment of Yunnan Higher People's Court confirmed the criminal facts identified in the first-instance judgment, and sentenced the defendant Sun Wangang to death, suspended for two years and deprived of political rights for life.
After the verdict came into effect, Sun Wangang was sent to the Fourth Prison of Yunnan Province to serve his sentence.
Sun Wangang and his family refused to accept the final judgment of the Higher People's Court of Yunnan Province and have been complaining.
On June 30, 2002, Qiaojia County Public Security Bureau captured a robbery, rape and murder criminal gang, and the first offender, Maofu Li, was killed. He neither asked for a lawyer nor appealed. According to the news from the family members of the county's public security investigators, Li confessed to the process of killing Chen Xinghui, and said that the knife used in the crime and the cut organs were discarded in the mulberry forest. There are also rumors that during the trial, Li once ridiculed the public security by "catching the wrong person". Sun Wangang's father saw the photos posted in the window of the county public security bureau. The scene identified by Maofu Li in the photos was Hongshan. In September 2002, Sun Wangang's father told his son these things in a letter, thinking that Chen Xinghui was probably killed by Maofu Li.
Sun Wangang wrote a complaint about Maofu Li's murder of Chen Xinghui and sent it to the relevant departments. Sun Wangang's complaint materials have attracted the attention of Yunnan Provincial People's Procuratorate and Yunnan Higher People's Court. After receiving this complaint, the two houses immediately went to Qiaojia County for investigation. However, the evidence shows that Maofu Li is not the real murderer of Chen Xinghui. However, in the review of Sun Wangang's case, both houses found that there were indeed many doubts in this case and there was the possibility of misjudgment.
In the re-investigation, the provincial procuratorate found seven major problems in this case:
First, Sun Wangang's only four guilty confessions clearly reflect the preconceived ideas and presumption of guilt of the case handlers. These confessions are contradictory and inconsistent, and are inconsistent with evidence such as on-site investigation transcripts, corpse inspection reports, and criminal science and technology appraisal books.
Sun Wangang accused investigators of extorting confessions by torture. According to the testimony of prisoners with Sun Wangang, during his detention, Sun Wangang suffered from scars on his fingers, legs and back, and went on a hunger strike for three or four days. Sun Wangang's defense lawyer also provided information about Sun Wangang's torture. Accordingly, the possibility of extorting confessions by torture, inducing confessions, extorting confessions and other illegal evidence collection is not ruled out. Sun Wangang's guilty confession may have been made under torture.
Third, Sun Wangang's motive and purpose are not clear.
Four, one of the key evidence that the court found Sun Wangang guilty is that blood type identification is not unique and exclusive. Sun Wangang's clothes are the same as the victim's blood type, which does not completely prove that Sun is the murderer.
5. The source and whereabouts of the crime tools are unknown; The whereabouts of the victim's cut organs are unknown.
6. Sun Wangang's suspicious signature in an important guilty confession transcript is not his own signature, but the signature of the case handler.
7. Sun Wangang's blood and footprints were not found at the scene, but others' buttons and belt buckles were left behind.
After more than two months of re-examination, the Yunnan Provincial Procuratorate believes that Sun Wangang's case is illegal in terms of procedure, investigation, prosecution and trial. In essence, the facts of the whole case are unclear, and there are many contradictions and serious flaws between the evidences.
On September 18, 2003, the Provincial Procuratorate put forward a procuratorial proposal to the Provincial High Court, suggesting that the court start a retrial procedure for Sun Wangang's case and retrieve all the files.
On September 28th, 2003, the Provincial High Court decided to retry the case of Sun Wangang according to the trial supervision procedure, and on June 5438+1October 65438+May, 2004.
At 3 pm on February 10, 2004, three judges of Yunnan Provincial High Court announced in prison that Sun Wangang was acquitted. Late at night, 29-year-old Sun Wangang walked out of the Fourth Prison of Yunnan Province (located in Zhanyi County, Qujing City) with his head bare and a cardboard box on his back.
On May 28th, 2004, the Higher People's Court of Yunnan Province made a Compensation Decision, which clearly stipulated that Sun Wangang was detained for review from 1996 1 day, and regained his freedom in 2004, and * * * was wrongly detained for 296 1 day. According to the state compensation law, you have the right to receive state compensation according to law. Therefore, according to the average daily wage of employees in China in 2003, * * should get RMB 165608.73 yuan as compensation. 65438+1October 22 15, Sun Wangang came to the Finance Department of Yunnan Provincial High Court and received a cash check.