December 28, 2010, Huangshan City People's Procuratorate of the police Fang Wei, Wang Hui on suspicion of torture to be criminal detention. January 10, 2011, in the absence of the cause of death, the two police officers to torture to extract confessions by the Huining County People's Procuratorate decided to arrest. March 8 by the Huangshan City People's Procuratorate to extend the period of detention for one month of the investigation. March 11, the provincial Procuratorate decided to implement the detention (now two police officers were detained in Henshan County, and County Detention Center). April 8 by the Provincial Procuratorate approved the extension of the period of investigation and detention for two months. June 7, the investigation was completed, to the Xiuning County People's Procuratorate for examination and prosecution. July 13, the provincial procuratorate will be assigned to the jurisdiction of the Henshan County People's Procuratorate. August 15, the Henshan County People's Procuratorate to withdraw from the investigation. September 14, supplemental investigation is completed, the case again. On September 14th, the supplementary investigation was completed, and the case was again transferred to the Henshan County People's Procuratorate for examination and prosecution. on October 15th, the Henshan County People's Procuratorate extended the period of examination and prosecution for half a month. on October 28th, the Henshan County People's Procuratorate filed a public prosecution.
The prosecuting authorities to the crime of intentional injury prosecution Fang Wei, Wang Hui, his family has a different view of the case:
First, Fang Wei, Wang Hui, two civilian police do not constitute a crime
At present, the procuratorial authorities to the suspected crime of intentional injury prosecution of the Fang Wei, Wang Hui, two civilian police, mainly based on the Supreme Prosecutor's review of the appraisal opinion, the artificial identification of civilian police suspects of the implementation of the cold, freezing, starvation. Caused by cardiogenic heart disease emergency death, we see from the elements of the case does not constitute a crime:
(a) the police subjectively did not have the suspect Xiongjun implementation of the intent to injure, the two police officers Xiongjun will be lifted out of the purpose of the scene only for the identification of the scene rather than forcing a confession. In the Xiongjun to be lifted out of the legal instruments, clearly recorded that the reason for lifting out of the Institute is: "for the collection of evidence needs to be lifted out of the Xiongjun to identify the scene", and from the objective situation of the case, the basic facts of the case have been investigated, Xiongjun has been approved by the procuratorial organs of the arrest; (is not the procuratorial organs found: to December 2010) 14, Li Zheng, Fan Shihui, Xiong Jun have only confessed to two motorcycle theft crime)
(ii), objectively, the police also did not implement the act of intentional injury:
The office is open air-conditioning, the police and the suspect in the same room, there is no refrigeration; the police will be served a meal to the office to the suspect, the suspect Xiong Jun said he did not want to eat; The suspect had already drunk water and gone to the toilet several times and had some room to move in the safety chair. Through the initial general observation of the body surface and examination of the situation, the body was not beaten and other mechanical trauma and other traces of disguised physical torture, stomach contents of leaves, water, etc. up to 50ML, the autopsy report has been clearly ruled out that the deceased died of "positional asphyxia".
In summary, the two police officers do not constitute a crime, but the current prosecution is confined to the presumption of guilt thinking, based on the Supreme Prosecutor's review of the appraisal of the opinion that the two police officers constitute a crime, may I ask what it intends to do?
Second, the procuratorial organs in the handling of this case there are problems
(a), the procuratorial organs first decided to arrest, and then issued an appraisal, in violation of the "Criminal Procedure Law" relevant provisions. The conditions of arrest first requires that there must be criminal facts, and the prosecuting authorities of the cause of death of the deceased has not been investigated, that is to say, in the absence of evidence to prove that there is a criminal fact occurred, based only on verbal inference Xiong Jun Department "positional asphyxiation death" on the wrong to make a decision on the arrest.
(ii), the identification of the lack of scientific, objective, impartiality. Procuratorial forensic medicine preconceived notion, only by verbal deduction Xiong Jun Department "positional asphyxia death" in 10 days later (January 20, 2011) identification of the conclusion of the "potential cardiac heart disease caused by cardiogenic emergency death". After the discovery of the error loophole is getting bigger and bigger resulting in the case can not be characterized prosecution, until August, through the Supreme People's Procuratorate to get a so-called expert opinion for "sudden death", the cause of death is mainly caused by external factors. As we all know, the internal cause is the decisive factor in determining the development and change of things, heart disease is the main cause of the death of Xiong Jun. It can be seen that the Supreme Prosecutor's expert opinion is not serious, contrary to science, objectivity and impartiality. Moreover, the police will Xiong Jun to the office during the indoor air conditioning is always open, the police always in the same room with them, the police prepared dinner, Xiong Jun did not want to eat, after the police twice asked Xiong Jun whether to eat cookies, Xiong Jun drank water 3 times that night, there is no artificial cause of his freezing, hungry situation. We may as well assume that a heart attack in others push him to his death, obviously heart disease is the main cause of death, push his behavior at best as long as negative civil liability. Through the city of a dozen forensic discussion and consulting experts inside and outside the province, generally believe that the identification of the procuratorial organs and the so-called expert opinion is to achieve a specific purpose, with obvious tendency, is not scientific, is also untenable. We strongly urge the cause of Xiong Jun's death to be re-identified through a neutral authority.
(3), the two civilian police to implement the detention of off-site intentionally not notify the civilian police family, the civilian police family to go to the inquiry is not to be answered. Lawyer request meeting, huangshan city procuratorate and the provincial procuratorate shirking each other intentionally to prevent lawyers from meeting, this case does not involve state secrets, should be timely arrangements for lawyers to meet. Later, the families of the two civilian police officers petitioned the municipal government to coordinate with the relevant departments before the lawyers were able to meet with the two civilian police officers. This is a serious violation of the legitimate rights and interests of the two civilian police and their families. In addition, the prosecuting authorities were Xiongjun theft two co-defendants Li Zheng, Pan Shih-hui to induce confessions, forced confessions, off-site detention, to their promise if they answer according to the requirements, will be lighter on them, after many consecutive arraignment, the prosecuting authorities finally got the wanted to accuse the two civilian police guilty of the confession.
(D), repeated designation of jurisdiction. This case occurred in Qimen County, but was designated as Huining County Prosecution for, and then for no reason was designated to Henshan County Prosecutor's Office.
The case was initially investigated in the process, the Provincial Procuratorate Liu Tieliu, Deputy Procurator General briefing, pointed out that: the case by the Huining County Procuratorate hosted by the Huangshan City Procuratorate supervised by the Provincial Procuratorate guidance. After the Huining County Procuratorate prosecuted the case, the Provincial Higher Procuratorate designated the case to be handled by the Henshan County Procuratorate. But the actual handling of the case in the process, Huining County Procuratorate and Henshan County Procuratorate has not been the case of personnel to Qimen County to carry out investigations and evidence collection, the case is led by the Provincial Procuratorate Gao Hui Fuyang a number of prosecutors handled. Fang Wei, Wang Hui two ordinary civilian police case is the provincial procuratorate of senior prosecutors to deal with the object?
(E) Procuratorial organs to extend the period of investigation and detention in violation of the law. According to the Criminal Procedure Law, Article 124 of the provisions: the arrest of criminal suspects after the investigation and detention period shall not exceed two months. In complex cases which cannot be concluded by the expiry of this period, an extension of one month may be authorized by the people's procuratorate at the next higher level. Procuratorial authorities in the extension of one month after the period of investigation and detention, and then again extended for two months, based on the provisions of Article 126 of the Criminal Procedure Law, can, Fang Wei, Wang Hui's case which meets the conditions of the extension?
The procuratorial authorities to extend the period of investigation and detention, the purpose is only one: through the seemingly legitimate extension of the period, from the mental and physical completely dragged down the two civilian police, to achieve the purpose of forcing the police to confess.
(6), Wang Hui, Fang Wei two police officers to force confessions, induce confessions, soft and hard. Procuratorial organs in the repeated interrogation of the police in the process of the alleged use of threatening language. It gave the civilian police the illusion that the case had been finalized, and claimed to the two civilian police that they would be detained for a long period of time under the "rule of reason". And threaten, entice the families of the police, so that the families to persuade the two police to "confess".
(7), the prosecution selective evidence. Such as the civilian police indoor open air-conditioning, electric fire barrels and other evidence that can prove the innocence of the police prosecuting authorities are not taken. Also groundless accusations of two police collusion. December 22, 2010, after the incident, the night of the prosecuting authorities on the two police investigation questioning. 25 December Fang Wei will be interrogated by the prosecuting authorities in the office computer to the professional habit of memo record and print out, placed in the desk drawer. After the procuratorial organs to retrieve the physical evidence obtained this paper, so that the two police officers were found to be prior to collusion, and later the county bureau of the electronic document for technical recovery, the procuratorial organs to come to retrieve the procuratorial organs, the procuratorial organs have not paid attention to this day. Imagine if the police collusion, will be stupid to the record has been retained in the office waiting for the prosecution to extract?
This case shocked Qimen County, Huangshan City, shocked countless organs and cadres of the people, just because this is a wrong case, is a typical case of injustice. In today's strong advocacy of fairness and justice of the rule of law society, even happened such a thing is incredible, outrageous!