1996, Hugue Gilletu, a worker who was only 18 years old at the wool textile factory in Hohhot, Inner Mongolia Autonomous Region, was identified as the murderer of the "4 9" wool textile factory. 6 1 day later, the court sentenced Hugue Gilletu to death and immediately executed it. In 2005, Zhao Zhihong, the murderer of a series of rape and murder cases in Inner Mongolia, was arrested, and several cases he confessed included the "4 9" female corpse case in the women's toilet of a wool mill, which aroused widespread concern of the media and society about the Hugjiler pattern.
Li, spokesman of the Higher People's Court of Inner Mongolia Autonomous Region, said that the retrial decision of the court was mainly based on the appeal of the close relatives of Hugue Gilletu. After examination, it is considered that this case conforms to the second provision of Article 242nd of the Criminal Procedure Law of People's Republic of China (PRC), that is, the evidence on which the conviction and sentencing in the original trial were based was found inaccurate and insufficient, which should be ruled out according to law and the people's court should retry.
It is understood that on the morning of the 20th, Bao Batu, president of the filing court of the Higher People's Court of Inner Mongolia Autonomous Region, delivered a retrial decision to Hugue Gilletu's parents on behalf of the High Court.
Li said that the people's court will try the case fairly in strict accordance with the law in the spirit of being responsible to the parties, the facts and the law. As the defendant Hugue Gilletu in the original trial has died, according to the relevant provisions of the Criminal Procedure Law, the retrial of this case will not be held in court, but will be conducted in writing.
Focus question and answer
Why did it take eight years from Zhao Zhihong's confession to the fact that he was the murderer of the case, and the retrial of the case began today?
Li, spokesperson of Inner Mongolia High Court: Since the Inner Mongolia High Court received the complaint from Hugue Gilletu's parents, it has always attached great importance to it and carefully organized a review. During this period, the relevant public security organs also conducted a review respectively.
Due to the long time of this case, it is very difficult to review it, especially to supplement some evidence. In addition, for murder cases, we must adhere to a cautious attitude, take facts as the basis, take the law as the criterion, and ensure a rigorous, meticulous, objective, fair and highly responsible review.
How was the decision to retry the case made?
Li: The retrial decision is mainly based on the complaint of Hugue Gilletu's parents. After examination, the court held that the case was in line with the second paragraph of Article 242 of the Criminal Procedure Law of People's Republic of China (PRC), that is, it was determined that "the evidence on which the original conviction and sentencing were based was true and insufficient and should be excluded according to law", and the people's court should retry.
During the review, we did find problems in facts and evidence. As for the specific issues, they have to be tried by the retrial collegiate bench and finally confirmed according to law, which will be listed one by one in the retrial judgment document.
What are the key points and difficulties in retrial of cases before 18?
Li: During the retrial, the court will conduct a comprehensive review of the facts, evidence and application of the law identified in the original trial.
Chen Guangzhong, a tenured professor at China University of Political Science and Law: Obviously, the focus of retrial is to re-verify the evidence and facts, find out the objective truth of the case, and find out what kind of evidence is identified as Hugue Gilletu's murder. Whether the evidence is legal or not, and whether it was forced out; Whether the evidence is true or not, whether the evidence can confirm each other and form a chain.
One of the difficulties in retrial is that Hugue Gilletu has been executed and there is no evidence of death. Second, some material evidence of the victim at that time, such as semen spots and other very important material evidence, was not preserved. Third, the investigators at that time may have misgivings, and they may not tell the truth of the trial at that time, because it involves their responsibilities.
Did the investigators interfere with the 8-year review?
Does starting a retrial mean that the case has been characterized as unjust, false and wrong?
Li: We didn't encounter any resistance or obstacles during the review. The case is under trial, and no conclusion can be reached until a retrial judgment is made according to law.
Chen Guangzhong: Once the retrial is started, the sentence will basically be changed. Starting a retrial is basically the same as changing the sentence. Although bringing a retrial now does not mean that the sentence must be changed, I guess starting a retrial in this case means changing the sentence.
Will the retrial of the case be held in public? How to protect the litigation rights of participants in criminal proceedings?
Li: In terms of trial mode, according to the third paragraph of Article 384 of the Criminal Procedure Law, the trial will be held in writing instead of in court. However, the written trial does not mean that it is not open, and the court will disclose the trial process, reasons and results according to law.
Lawyers can perform their duties by reading papers and submitting opinions from the authorities. The court will also strictly protect the rights of all participants in the proceedings, including the right to represent lawyers.
Chen Guangzhong: In the past judicial practice in China, most retrial cases were tried in written form. However, as far as the social attention of the Hugue Gilles pattern is concerned, if the trial is not held in the end and the sentence is not changed, I am afraid it will cause more doubts from all walks of life.
The trial of Zhao Zhihong case is closely related to the retrial of Huggieler model. Will you hear it immediately?
Li: The case of Zhao Zhihong is currently in the first instance procedure. The Intermediate People's Court of Hohhot is in charge of the first instance, and the trial was held in 2005. In the course of the trial, if there are new circumstances that need supplementary investigation, when the trial will be held again will be decided by the relevant judicial organs in Hohhot according to law.