2/KLOC-0 was detained by the police from July 1993 to July 1993, and was released on October 20, 2022. Tan Yixiu lost his freedom for more than 29 years. During the period, although I appealed many times and complained that I didn't kill anyone, there was no result. It was not until two months after Tan was released from prison that the Henan Provincial High Court retried him and acquitted him.
Li Xun introduced that Tan's application for state compensation this time includes: infringement of personal freedom compensation of 4.37 million yuan, mental damage compensation of 13 1 1 10,000 yuan. In addition, it also includes asking the person in charge of the former Henan case-handling organ to apologize to Tan face to face; Restore Tan's reputation and eliminate the influence within the scope of infringement.
Investigate criminal protest to the maximum extent.
The Henan Provincial High Court finally acquitted the parties.
According to Li Xun, after the first-instance judgment of 1999, Tan and the plaintiff in the incidental civil action refused to accept the judgment and appealed. On May 18, 2000, the Higher People's Court of Henan Province, the organ liable for compensation, ruled that the original judgment was revoked and sent back for retrial on the grounds of unclear facts.
On June 65438+ 10/day, 2002, Zhoukou Intermediate People's Court sentenced Tan to death, suspended execution, and ordered Tan to compensate the injured party for economic losses of 1 10,000 yuan. Tan refused to accept and appealed again. On July 3, 2003, the Higher People's Court of Henan Province, the organ liable for compensation, ruled that the appeal was rejected and the original judgment was upheld. After the verdict came into effect, Tan served his sentence in Yudong Prison, Shangqiu City, Henan Province.
20 16 12. Tan's close relatives entrusted a defense lawyer to file a complaint with the Henan Provincial High Court and the Henan Provincial Procuratorate. After the Higher People's Court of Henan Province, the organ liable for compensation, rejected the appeal, the People's Procuratorate of Henan Province filed a case for review on 20181and lodged a protest with the Supreme People's Procuratorate in 2020. After examination, the Supreme People's Procuratorate made a criminal protest letter [2022]z 1 in March 2022.
The Supreme People's Procuratorate's criminal protest pointed out that after examination, there was no objective evidence to prove Tan's crime, except that some of Tan's guilty confessions were consistent with the contents of the on-site investigation transcripts and autopsy reports. On-site investigation transcripts, autopsy reports, technical appraisal reports and some witness testimonies can only prove that three victims were killed at home and at the crime scene. Other witnesses can only prove Tan's activities before and after the crime, but can't prove that he committed a crime.
In the protest, the Supreme People's Procuratorate believed that the time of Tan's rape could not be determined and could not prove her rape. The Supreme People's Procuratorate believes that Tan's tools for committing crimes are unclear, and the conclusion of criminal technical appraisal is not unique.
In addition, the Supreme People's Procuratorate also found that Tan's guilty confession was inconsistent for many times, and the guilty confession contradicted other evidence. The Supreme People's Procuratorate believes that there are still some problems in this case, such as the guilty confession and interrogation record violating the law, and the authenticity is in doubt.
Li Xun said that in this case, there was no evidence to prove that Tan was guilty of rape and murder, and there was no evidence to even link Tan with the murder, except for five guilty confessions made by the investigation organ under torture.
On July 18, 2022, the Supreme People's Court made the retrial decision No.2 of 2022, instructing the Henan Higher People's Court to retry the case.
20221October 20th, 10, Tan was released from prison.
On June 65438+February 65438+June 2022, the Higher People's Court of Henan Province, the organ liable for compensation, made a retrial judgment, arguing that the facts of Tan's rape and intentional homicide in the original judgment were unclear and the evidence was insufficient, and Tan was acquitted, and Tan was not liable for civil compensation.