On February 2, 2003, 65438 Pingdingshan Intermediate People's Court revoked the first-instance judgment of Yexian People's Court on the grounds of "unclear facts and insufficient evidence" and sent it back to Yexian People's Court for retrial. On February 13, 2004, Yexian People's Court tried the case again, but no judgment was made.
Later, the case was transferred to Pingdingshan Intermediate People's Court for first instance. On August 3, 2004, Pingdingshan Intermediate People's Court made a first-instance judgment, sentenced the defendant Li Huailiang to death for intentional homicide and deprived him of his political rights for life. After the verdict, Li Huailiang appealed again on the grounds that he didn't kill anyone and demanded acquittal. On June 22, 2005, the Henan Provincial High Court, after hearing, dismissed the original judgment and sent it back for retrial on the grounds that Li Huailiang had committed the crime of intentional homicide because of "unclear facts and insufficient evidence".
On April 1 1, 2006, Pingdingshan Intermediate People's Court made another judgment of first instance, sentenced Li Huailiang to death, suspended for two years, and deprived him of his political rights for life. On September 27th, 2006, Henan Provincial High Court sent the case back for a second retrial on the grounds of "unclear facts and insufficient evidence". Since then, the case has never been heard again, and Li Huailiang has been detained in the detention center, which has exceeded 65,438+02 by 2065,438+03. Signature background
In the case of insufficient evidence and great controversy, Pingdingshan Intermediate People's Court reached an agreement with the victim's family and verbally "promised" to sentence Li Huailiang to death. Insiders of the local judicial organs confirmed the existence of the "guarantee" and the authenticity of its contents.
This letter of guarantee was signed on May 7, 2004/KLOC-0, and its content was that Zhao, then vice president of Pingdingshan Central Hospital, reached an agreement with the parents of the victim, namely, "the case will be tried by the intermediate court and the death penalty will be imposed as much as possible. If the Provincial High Court sends it back, Du Yuhua (the victim's mother) will not petition again. " Two witnesses, Wang Tiezhu and Zhang Jianzhong, signed the letter of guarantee.
However, Li Huailiang and his relatives knew nothing about this "death penalty" guarantee. It was not until the guarantee spread to the Internet that Li Huailiang's third sister Aimei Li "knew there was such a guarantee".
Reason for signing
Signing this agreement is actually a delaying tactic, mainly because we don't want Du Yuhua and others to pester us any more. At that time, Pingdingshan Intermediate People's Court also knew that there was insufficient evidence in the Li Huailiang case, and the Provincial High Court could not uphold the original judgment. By doing so, the authorities concerned wanted to delay the result of Li Huailiang's possible acquittal, so that Du Yuhua and others felt that there was still hope and there would be no major "accident". Unexpectedly, the delay is getting more and more complicated. By 20 12, Li Huailiang had been locked up for more than 10 years, and both the original defendant and the defendant were still petitioning. No one dares to release it easily, and Guo's murder case has already passed the best opportunity to solve the case and become an unsolved case.
Court response
On February 26th, 20 13, Pingdingshan Intermediate People's Court responded that describing the "guarantee" as a "death penalty" guarantee signed by the parties and the court did not conform to the objective facts. "Letter of Guarantee" is an application made by the victim's relatives to improve the trial level of Li Huailiang's case. Pingdingshan Intermediate People's Court checked the letter of guarantee with the original in the file. Pingdingshan Intermediate People's Court held that this was only the expression of Du Yuhua's unilateral appeal, not the agreement reached between Pingdingshan Intermediate People's Court and the parties, and no court staff signed it. In the supplementary investigation stage of the case by the public security organs, Pingdingshan Intermediate People's Court promised that after the case entered the trial, the court would make a fair judgment in strict accordance with the facts and laws. The statement of Pingdingshan Intermediate People's Court also indirectly confirmed that this "death penalty" guarantee came from inside the hospital. Li Huailiang's detention in 12 is seriously overdue. Du, deputy political commissar of Yexian Public Security Bureau, said that as long as the case is not closed, the public security law will not be released. Relevant leaders of provinces, cities and counties know that the Political and Legal Committee has also coordinated many times, but no one has dared to make a decision. Because the victim's family is in a fierce mood, no one dares to say that the case has been decided, and no one dares to let people go. Du said: "The public security organs have exhausted their strength in this case."
According to people familiar with the matter, the evidence of Li Huailiang's case is insufficient, the facts are unclear, and a conclusion has long been reached within the judicial organs. The key and core of the problem is which link to correct the error, which is the direct acquittal by the court, the withdrawal of the prosecution by the procuratorate or the withdrawal of the prosecution by the public security organ. No one has made a decision. Because this is not only related to accountability and state compensation, but also related to social stability.
An official in Yexian County who is familiar with the case thinks that although the evidence is insufficient, the police only thought Li Huailiang was the most suspect at that time before arresting him. And "Ye County spent more than two or three million yuan on the Guo case", the official said, and the leaders were all very headache. The leadership of the county has changed several times, and things have not been solved. Li Huailiang's "death penalty guarantee" criminal incidental civil appeal was pronounced in the second instance of Pingdingshan Intermediate People's Court at 3 pm on February 20th, 2003/KLOC-0. Henan death penalty guarantee case rejected the victim's appeal and upheld the original judgment.
Take a photo with the defense lawyer and Lin.