Shanghai criminal lawyer Wang Jihua reprinted from People's Daily People's Chat Bar /reply.html? Method = query & TPC _ code = 2617959.
Reporter: As the legal aid lawyer of Li Xiuben, the victim of Yang Botao case, I attended the last trial of Yang Botao case. At the request of Li Xiuben, this article was revised and sorted out according to his dictation, and published with his consent to set the record straight.
Yang Botao was detained by Shangqiu judicial organs for more than ten years, and was released at the end of the year, which was undoubtedly long overdue. Due to the occurrence of unjust cases such as Zhao Zuohai and She Xianglin, people's trust in the judicial organs has decreased. They think that another unjust case has occurred in Shangqiu, and Yang Botao has been detained innocently for ten years, and the judicial organs in Shangqiu have been pushed to the forefront again.
Yang Botao's case is essentially different from Zhao Zuohai's and She Xianglin's, and Zhao Zuohai's and She Xianglin's cases have indeed proved their innocence. Yang Botao's case is only a case with unclear facts and insufficient evidence. Just because he was not found guilty in the judicial process does not mean that he is really innocent.
The standard of determining the facts of a case in criminal proceedings has changed from truth to legal truth. According to the available evidence, these facts are called legal truth. The court can only rely on the existing evidence to make a ruling on the case, and the truth of the law is not necessarily absolutely correct. Just because a court decides that a person is innocent doesn't mean that he is really innocent.
Yang Botao was imprisoned for ten years, Shangqiu Intermediate People's Court made guilty verdicts three times, and Henan Provincial High Court sent him back for retrial three times, but he was not acquitted. For some reason, Yang Botao was not released, just like Zhao Zuohai's case. But just because Zhao Zuohai is innocent doesn't mean that Yang Botao is absolutely innocent. The media reported that Yang Botao's case was "three no cases", which was an injustice for Yang Botao. People seemed to think that Yang Botao had been wronged again, and they had doubts about the administration of justice. In order to let people know more about the case, according to the case and case materials stated by Li Xiuben, with my consent, the relevant facts of this case are now explained as follows:
First, why did the investigation agency suspect that Yang Botao was the murderer? That's because Li's trajectory is being interrupted.
At 7 o'clock in the morning on August 38+June 2006 1 day, the masses found the body in the family courtyard of Xinjian North Road Company in Shangqiu City. After receiving the report, the Criminal Police Brigade of Liangyuan Public Security Bureau immediately organized personnel to go to the exploration site for investigation and visit. After on-site investigation, it was found that the bodies were female heads and right lower limbs. August 1 day put on record for investigation.
On September 7th, 20001year, Li, a villager from Lizhuang, Sanggu Township, Xiayi County, reported to the Criminal Police Brigade of Liangyuan Branch of Shangqiu Public Security Bureau that his sister Li took a bus to Shangqiu on the morning of August 13/year in the same year and was going to work in Yiwu by bus from Shangqiu. She also said that Li told her family that if she couldn't get on the bus that day, she would live in the rental house of her classmate Yang's brother, and there was no news of her.
This fact has been testified by Li Xiuben and others, and his sister and ex-girlfriend Song can also prove it.
Yang Botao's elder sister proved as follows: One afternoon in August, 200 1 year, I can't remember the exact time. I got a call from Li at home. She said, I am in Shangqiu and want to work in Yiwu, but I haven't bought a ticket yet. I asked Li what she had brought, and said, two bags, a quilt and clothes. Where did I buy the ticket for asking for the moon Yingying? Yue Ying said: I didn't get a ticket for 303. I'll go to the West Bus Station. I asked her when to buy the ticket, and she said to buy the ticket at four o'clock. I said if you can't get a ticket, go to my place. Yue Ying was right. And then I hung up. Half a month later, my father Li came to my house and asked me if I had called home. I said I didn't call home and called me in Shangqiu that day. I'll call my brother right away. Has asking for the moon Ying ever been to his residence? He said no.
The above evidence can prove that Li's disappearance has much to do with it.
Second, the investigators in the early stage of this case were suspected of accepting bribes from Yang Botao's family and perverting the law.
200 1 it is not difficult to confirm the relationship between father and son through DNA identification. Because Li's clue was interrupted and there was no news, an unknown body was found in this area. Why didn't you immediately confirm that the body was Li through technical surgery, but didn't confirm the identity of the deceased through DNA identification until June 5438+February 26, 2003? If DNA comparison had been made at that time, it would have been immediately confirmed that the deceased was Li, so as to immediately investigate and investigate his sister. If it is proved that Yang Botao did it, the relevant murder evidence will not be lost. This is a simple common sense of investigation. Why didn't the investigators at that time do it? Is it a mistake or another reason?
Li Xiuben participated in the trial of this case many times and learned such a clue. During the trial, the public prosecution agency produced a recording of a conversation with other inmates in the detention center, which was confirmed by the Ministry of Public Security as me. The content is as follows:
Xu: He asked you for 80,000 yuan? Yang: so-and-so X: Did you tell your father at that time? Yang: I told my dad and my wife, and I was hesitant. I was going to give it to him at that time. He asked for 80 thousand and gave him 40 thousand to 50 thousand
Can't these audio-visual materials, which are recognized by the Ministry of Public Security as Yang Botao's own voice, explain the problem? Is Yang Botao really wronged, or has he escaped the punishment of the law by bribing?
Third, Yang Botao has repeatedly admitted the facts of the crime.
The police of the task force first met Yang Botao at 438+05 Tianyu Hotel on June 6th, 2004. That day, Yang Botao personally wrote a confession. From June 6 to June 27, 2004, he confessed to the crime of killing Li many times in Tianyu Hotel.
Yang Botao now argues that he was tortured to extract a confession. Many people in the society will think that Yang Botao has been under the control of the public security organs for so long, and it is bound to be tortured to extract confessions. Then look at the following facts:
On June 28th, 2004, Yang Botao was detained in Shangqiu Detention Center. On July 1, June and 14 of the same year, Yang still confessed to the murder. Shangqiu detention center is the most formal in the city, and it can't be said that investigators extort confessions by torture when they ask questions in the detention center.
2. The synchronous video recording of Yang Botao's confession in the public security organs proves that when Yang Botao confessed the facts of the crime, his expression was natural, his language standard was continuous, and his remorse was beyond words. Is it difficult to tell whether the video of more than an hour is recited or confessed according to the arrangement of the investigators?
3. In the public prosecution, Yang Botao still confessed to the crime of intentional homicide.
On August 6th, 2004, the People's Procuratorate of liangyuan district, Shangqiu City, in the interrogation record, the undertakers Li and Wang still confessed to the crime of intentional homicide during the examination and prosecution.
One of the confessions can well express his criminal psychology: "Q: Is there anything else that needs to be supplemented and corrected? A: No, but I think I was manslaughter, not intentional homicide. Because after I broke up with her, she made a hullabaloo about, called and said she would sue me. I was afraid that others would hear me, so I covered her mouth to prevent her from howling. I was nervous, too. I covered her mouth with one hand and pinched her neck with the other. About two minutes, I found that she didn't move. I was so scared that I quickly gave her artificial respiration and pressed her chest. And I didn't save her. I don't want to kill her.
I want to ask: If the public security organs tortured Yang Botao, didn't the procuratorial organs torture him? Why did he admit to murder? He should cry injustice.
5. The interrogation record and video on June 8, 2005.
In order to fix the evidence, on June 8, 2005, I was questioned by Li and Zhao, the case handlers of the Procuratorate, in the Technical Section of Shangqiu People's Procuratorate. When asked, Yuan, the president of the Criminal Court of Shangqiu Intermediate People's Court, and the president and vice president of Liangyuan Branch were watching in the monitoring room, and once again confessed the criminal facts of intentional homicide. If Yang Botao didn't commit a crime, how did he recite these confessions?
6. During his detention in the detention center, Yang Botao repeatedly admitted his crimes to his fellow prisoners.
In order to solve the case, the public security organs carried out investigations in prisons. Guo, Xu admitted the contents of the murder and explained the reasons for the confession. Because it involves the secrets of the case and the reputation of the participants in the lawsuit, I won't go into details.
In particular, many recorded conversations with inmates were recognized by the Ministry of Public Security as the voice of Xu. Please look at some of the recordings: Xu: Where is the first wrench (which means throwing)? Yang: The relatives' hospital in the north of the power plant. X: Where is the second switch? Yang: On the platform, it's the arms, legs and trunk. X: What kind of food should I eat? Yang: In a black plastic bag. X: Where did you pull it? Yang: It is said that it is pulling the yard, but it is actually pulling to the second floor and pulling to the corner door on the second floor. I haven't forgotten. X: Can the landlord prove it now? Yang: Yes, the landlord can prove that the landlord has a saw, and I used it all ... Xu: What body was pulled by Daobei? Yang: There is a head and a leg. X: What did the platform pull? Yang: Two arms, one leg, and the body, and the rest were thrown on the platform. X: How do you work? Yang: Wear gloves. X: Where are the glove wrenches? Yang: It's in the trash can.
Imagine, if Yang Botao didn't do this case, why did he admit that he had committed murder when talking to other prisoners in the middle of the night?
There are other evidences in this case, which are difficult to interpret in view of personal privacy.
Through the above analysis, even if Yang Botao's confession in Tianyu Hotel is excluded, then the simultaneous recording of his confession in the detention center and his confession in the procuratorate, the recording of conversations with prisoners and the recording of bribery to investigators are also confessions by torture? Even Yang Botao himself can't explain, is such a case "three no cases"? This is the reason why Yang Botao was found guilty by Shangqiu Public Security Bureau, Procuratorate and the law. They persisted in justice for more than ten years.
Because individual judges handled cases mechanically, Yang Botao was sent back for retrial many times. If every case is required to be recorded like a movie, it will be determined that the facts are clear and the evidence is indeed sufficient. If ordinary people can be judges, what do professionals need? We don't know why the judiciary hasn't finalized the case for ten years.
Let it go. Lee died very hard. Hearing that Yang Botao was released, Li Xiuben said angrily, "People are doing it, but the sky is watching! Bad conscience will pay off sooner or later. "
For details of this case, see Shanghai Criminal Defense Network (www.crimilaw.com).
20 14 February 24th