On March 20th, 2065438+0/KLOC-0, the poster reflected in Dahe Forum that "Zhang Jiwei was convicted of an unjust case". After careful study by our hospital, the case of intentional injury of defendant Zhang Jiwei is now reported as follows:
First, the origin of the case
The poster is estimated to be a relative of the defendant Zhang Jiwei (because the defendant Zhang Jiwei is still in custody), which reflects the relevant situation of the defendant Zhang Jiwei's intentional injury case. Defendant Zhang Jiwei was sentenced to 10 months' imprisonment by Yichuan County People's Court on March 5, 20 1 1, and the appeal period ended on March 26, 201/. At present, the defendant Zhang Jiwei has not appealed against the judgment, and the judgment has not yet taken effect.
This case is an ordinary criminal case, which was prosecuted by Yichuan County People's Procuratorate on 20 10 18. (20 10)262. After the court accepted the case, because the case was an injury case caused by a neighborhood dispute, in line with the concept of building a harmonious society, the undertaker mediated the case many times, hoping that the contradictions in the case could be resolved. However, due to various reasons, no mediation agreement was reached in the civil compensation part, and a judgment was finally made within the statutory time limit according to law.
Second, the basic situation of the participants in the proceedings
Public prosecution agency Yichuan County People's Procuratorate.
Defendant Zhang Jiwei, male, born on June 3, 2003 1973+03, ID card No.4 1 0329197206134050, Han nationality, graduated from junior high school, farmer, living in Banzhuang Village, Baiyuan Township, Yichuan County/KLOC-. On suspicion of intentional injury, he was criminally detained by Yichuan County Public Security Bureau on 20 10 and 15. On suspicion of intentional injury, he was arrested with the approval of Yichuan County People's Procuratorate, and was arrested by Yichuan County Public Security Bureau on October 29th of the same year.
During the lawsuit in Yichuan County People's Court, dozens of relatives of defendant Zhang Jiwei organized a petition to Yichuan County Committee on 2011February 28th (December 2065438+25th, 00). Considering the overall stability of our hospital, on February 20 1 1 year, 65448. After the Spring Festival, our hospital organized mediation between the two parties, but the defendant Zhang Jiwei has been unable to reach a compensation agreement with the victim Shen Wancai. In order to facilitate the smooth trial of the case, our hospital took the defendant Zhang Jiwei into custody again on 20 1 16 (the 14th day of the first lunar month).
Three. Basic facts of the case
Yichuan County People's Procuratorate accused the defendant Zhang Jiwei and the villager Shen Wancai of having a conflict over the homestead dispute. On March 9th, 20 10, at 9 o'clock in the morning, the defendant Zhang Jiwei and his family members Zhang Gaowei, Zhang Jiansan, Du Gai and others went to Shen Wancai's house to talk about things. There was a quarrel between the two sides, which led to a fight. Zhang Jiwei wounded Shen Wancai in the head. After forensic identification, Shen Wancai was slightly injured. The public prosecution agency also provided relevant evidence. Accordingly, the defendant Zhang Jiwei has constituted the crime of intentional injury and should be punished according to law.
Defendant Zhang Jiwei objected to the criminal facts and the nature of the charges in the indictment of Yichuan County People's Procuratorate, arguing that although he hit the victim Shen Wancai's mouth and shoulders, the "subarachnoid hemorrhage" that constituted minor injuries was not caused by his own beating, so he thought that he did not beat the victim Shen Wancai into minor injuries and was innocent.
The facts ascertained by our court are as follows: Zhang Jiansan, the father of the defendant Zhang Jiwei, had a dispute with Shen Wancai (the victim of this case) in the same village, resulting in a contradiction. 20 10 at 9 o'clock in the morning on March 9, the defendant Zhang Jiwei and his family went to Shen Wancai's house to "talk about things", and there was a quarrel between the two sides, which led to a fight. Zhang Jiwei beat Shen Wancai, and after forensic identification, Shen Wancai was slightly injured.
During the proceedings in this case, the defendant Zhang Jiwei insisted that his beating behavior would not cause subarachnoid hemorrhage of the victim Shen Wancai, and there was no causal relationship between the beating behavior and the conclusion that the victim Shen Wancai was slightly injured. According to the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC), our hospital asked the defendant Zhang Jiwei to re-evaluate the injury of the victim Shen Wancai, but the defendant Zhang Jiwei and his family refused. Only according to the criminal facts of defendant Zhang Jiwei accused by Yichuan County People's Procuratorate, the appraisal conclusion of minor injury (victim Shen Wancai), the confession of defendant Zhang Jiwei who beat Shen Wancai and other witness testimony, our hospital implemented it according to the sentencing standards of the Supreme People's Court and Henan Higher People's Court.
V. Appeal of Posters
Demands the acquittal of the defendant Zhang Jiwei.
Problems to be explained by intransitive verbs
1. This case insists on the openness, fairness and impartiality of the procedure.
In this case, firstly, according to the court hearing of the defendant Zhang Jiwei by Yichuan County People's Procuratorate. Based on the principle of taking facts as the basis and taking law as the criterion, we insisted on attaching importance to evidence and not believing confessions, carefully ascertained the facts of this case, and believed that the defendant Zhang Jiwei accused by the public prosecution agency had clear criminal facts and was convicted according to law.
In view of the fact that the defendant Zhang Jiwei and his family disagreed with the conclusion of the victim Shen Wancai's injury appraisal, the Yichuan County People's Court informed the defendant Zhang Jiwei and his family that they had the right to apply for re-appraisal, but made it clear that they would not apply for re-appraisal. Therefore, it is legal and correct for our court to make a judgment based on the existing evidence and appraisal conclusion.
2. The sentencing standard in this case is appropriate, and the crime and punishment are appropriate.
According to the facts of the case, the court made a guilty verdict. In strict accordance with the relevant provisions of the Rules for the Implementation of Standardized Sentencing issued by the Higher People's Court of the Supreme People's Court and Henan Province, it was reviewed by the collegial panel and then reported to the judicial committee of our hospital for discussion and decision. Defendant Zhang Jiwei was found guilty of intentional injury and sentenced to 10 months' imprisonment, with accurate and appropriate sentencing.
3. The trial of this case was not affected by any external factors.
The post reflects: First, the family of the victim Shen Wancai made a diagnosis of "subarachnoid hemorrhage" through the relationship, and the poster should solve this problem in the investigation and prosecution stage. At the trial stage, the Yichuan County People's Court informed the defendant Zhang Jiwei and his family in a responsible manner, but he gave up this right; Second, the bribery and public security law sentenced the defendant Zhang Jiwei 10 months in prison, which was an unjust case. The Yichuan County People's Court can responsibly say that this case was handled in strict accordance with the law, was honest and fair, was not interfered by any external factors, and did not practice favoritism or handle relationship cases or human cases, and sincerely accepted the supervision of all sectors of society.
Seven, the case undertaker's situation
The telephone number of the judge's office in charge of this case is 63 159935.
yichuan county people's court
200 1 year March 22nd