Tian Ganlin, a related Q&A referee, was interviewed by the reporter and answered the reporter's questions on related issues.
1. What are the main reasons and grounds for retrial of Zhang Yuhuan?
The retrial of our hospital held that the original trial found that Zhang Yuhuan's criminal facts were unclear and the evidence was insufficient, mainly as follows: sacks and hemp ropes were used as tools for committing crimes, which had nothing to do with this case and Zhang Yuhuan after investigation; The human injury inspection certificate on which the original trial found that the victim scratched the back of Zhang Yuhuan's hand only proved that the scratch could be formed and was not exclusive; In the first crime scene identified in the original trial, the public security organs did not find or extract trace material evidence related to the case during the on-site investigation; Zhang Yuhuan's two guilty confessions are obviously contradictory in the place of killing, the tools of committing crimes, the process of committing crimes, etc., and their authenticity is in doubt, so they cannot be used as the basis for finalizing the case according to law. In this case, apart from Zhang Yuhuan's guilty confession, there is no direct evidence to prove Zhang Yuhuan's crime, and indirect evidence cannot form a complete chain. The evidence on which the original trial was based did not reach the exact and sufficient legal proof standard, and it was found that the facts of Zhang Yuhuan's intentional homicide were unclear and the evidence was insufficient. According to the principle of no doubt, Zhang Yuhuan cannot be found guilty. Our hospital adopted the opinion of Zhang Yuhuan, his defender and Jiangxi Provincial People's Procuratorate on the acquittal of Zhang Yuhuan. In accordance with relevant laws and regulations, the original judgment was revoked and Zhang Yuhuan was declared innocent.
2. What is the significance of retrial and revision of Zhang Yuhuan case according to law?
This case doesn't belong? The real killer showed up? The Return of the Zombies? The situation, but according to the unprincipled suspected crime. Since the 18th National Congress of the Communist Party of China, Jiangxi courts have resolutely implemented the decision-making arrangements of the CPC Central Committee and the Supreme Court on comprehensively promoting the rule of law and resolutely correcting unjust, false and misjudged cases, strictly enforced the principle of never suspecting crimes, persisted in seeking truth from facts and correcting mistakes, and were responsible for the law, the people and history, finding and correcting them together. From where? Where does the doubt come from? Arrive? No doubt? , is the inevitable choice to protect human rights, is the progress of the judiciary. Zhang Yuhuan was acquitted after retrial, which fully reflected the implementation of the principle of no doubt in judicial practice.
3. In this retrial, after Zhang Yuhuan was acquitted, how will the state compensation be handled?
According to the provisions of the State Compensation Law of People's Republic of China (PRC), the victim has the right to receive state compensation if he is acquitted after retrial according to the procedure of trial supervision, and the original punishment has been executed. After our hospital declared Zhang Yuhuan innocent, we informed him that he had the right to apply for state compensation. If Zhang Yuhuan applies for state compensation, our hospital will try it according to law and make a judgment as soon as possible.
4. Did it start from this trial? Xenophobia? Program? Why?
During the retrial, Zhang Yuhuan and his defense lawyers applied for the exclusion of illegal evidence on the grounds that Zhang Yuhuan was tortured by the public security organs. At the pre-trial meeting, Zhang Yuhuan and his defense lawyers both expressed their obedience to the collegial panel's decision on whether to start the exclusion procedure. To apply for the exclusion of illegal evidence, relevant clues or materials shall be provided according to law. After deliberation, the collegial panel considered that the clues and materials provided by Zhang Yuhuan and his defense lawyers were insufficient, and decided not to start the exclusion procedure and form a report of the pre-trial meeting. At the retrial, the collegial panel read out the report of the pre-trial meeting and informed the decision not to start the exclusion procedure and the reasons. However, regarding the legality of Zhang Yuhuan's guilty confession, the collegial panel fully listened to the opinions of Zhang Yuhuan and his defense lawyers for many times.
Ex-wife's reaction: Zhang Yuhuan's ex-wife Song Xiaonv specially prepared a mobile phone for Zhang Yuhuan as a gift of acquittal, but when she saw Zhang Yuhuan coming home, Song Xiaonv was so excited that she fainted. ?
The ex-wife said that she just wanted a hug: Song Xiaonv said that after Zhang Yuhuan was acquitted, she hoped he could hug herself and she would give her son to Zhang Yuhuan.