Lawyer's opinion
People's Procuratorate of a city under separate military planning:
After investigation by the Public Security Bureau of Military Planning City, Liu, a criminal suspect prosecuted by your hospital, intentionally injured him. Beijing Yi Ming Law Firm accepted the entrustment of the relatives of the suspect Liu Moumou according to law, and now entrusts lawyer Dong Yan as the defender of the suspect. Defender submitted the entrustment formalities to your hospital on April 20 14 14, and copied all the files. By consulting the file evidence and listening to Liu's defense, he synthesized all the cases.
Defenders believe that Liu's alleged intentional injury is in line with Article 173 of the Criminal Procedure Law. If there are no criminal facts, the people's procuratorate shall make a decision not to prosecute. The reason for this is the following：
First, the decision not to prosecute is a manifestation of abiding by the procuratorial function and upholding the truth again.
File P20:20 14, 12129, the investigation and supervision department of your hospital made a decision not to approve the arrest if it met the inspection punishment; "After review, our hospital considered that the evidence was insufficient and decided not to approve the arrest of the suspect Liu Moumou."
There is no evidence that Liu was suspected of committing a crime obtained after 2065438+2004129, so the arresting department decided that Liu's evidence in this case was still insufficient.
Your decision not to prosecute is an insistence on the facts; Insist on the evidence; Adhere to correct law enforcement; The decision to prosecute is a denial of facts, evidence and law enforcement, as well as the self-denial of the procuratorate and the internal denial of the arresting department.
Two, this case can not meet the prosecution standard of Article 172nd of the Criminal Procedure Law.
(1) Liu's third verbal evidence is illegal;
"File P44, Liu's interrogation record, the third interrogation, 20 14 18 10 month1hour" was obtained by the public security organ and cannot be used as evidence for finalizing the case.
Please refer to the Judicial Opinion on Criminal Suspect Liu's Illegal Evidence Obtaining submitted by your hospital on October 27th, 20 14 (Annex I).
(2) The evidence is untrue, full of loopholes and contradictory;
The core evidence that the public security organ in this case found that Liu constituted a crime was "file P44, Liu's interrogation record, the third interrogation, 201416 5438+06 5438+0: 00 p44".
1, instructing Cui Moumou to contradict;
Liu Moumou: Tell Xiao Cui what this is called, and I'll call Xiao Cui to convey Li's meaning (1 line).
Cui Moumou: When I was in Liu Moumou's office, Liu Moumou told me: I want to make a personal record (5 lines)-file P62, and Cui Moumou wants to take notes.
2. The time of being beaten is contradictory;
Liu Moumou: About ten days later, Xiao Cui called me and said that something lucky had been done (10 line).
Cui Moumou: After a day or two, it seems that Ma called me to repair the man waiting to pull a taxi near Xidao ... After about an hour or two, Ma called me and said: The man is finished (/kloc-line 0/6)-file P62, and Cui Moumou wants to take notes.
3. The act of sending money to Cui Moumou cannot be verified;
Liu Moumou: I can't remember exactly where I gave the money to Xiao Cui ... I can't remember the exact amount. About twenty thousand (OK 15).
Cui Moumou: I found Liu Moumou on the second floor of Oriental Real Estate Company, and it was just the two of us. He gave me 10000 yuan in cash (1 1 line)-file P75, the interrogation record of Cui Moumou.
4. The contradiction between the reasons and motives of beating;
Liu Moumou: Not cooperating with Li's development work in Dayingzi Village (Line 5 P45).
Guang moumou: The note says "If you don't support Li moumou and Gao moumou, you will die together" (14 line)-file P 154, and Guang moumou asked for a transcript.
Guang Moumou, Gao Moumou, Tian Moumou, Wang Moumou: I think it has something to do with the election of the village branch secretary.
4. Contradictions between key details and facts;
Liu Moumou: The kind of hat with some black wool in the plastic bag ... I was in Dahongmen, Beijing.
I bought it by the way when I ordered clothes at the company. I bought it when I saw it was good (14 line).
Li: After Zhang Moumou got on the bus, he asked me to drive with them and bought some black headgear and number plate stickers (Line 6)-file P92. Li asked for the transcript.
(3) The evidence is insufficient, monotonous and isolated;
1. In this case, Liu's conviction and sentencing are only oral evidence.
Verbal evidence will inevitably be influenced by subjective and objective factors, the subjective cognitive ability of the parties, the environment, conflicts of interest and other factors, and it is difficult for a single type of evidence to form a solid chain of evidence.
2. Li denied instructing Liu Moumou.
Q: Have you ever instructed Liu and others to beat a man with a high surname in Dayingzi Village? A: Absolutely impossible, never. -file P 172. Li asked for a transcript.
3. The testimony of other criminal suspects and witnesses did not mention Liu Moumou.
There is no other evidence to prove that Liu is related to this case.
Third, the file materials provided by the investigation organ avoid the heavy and ignore the light;
According to Article 35 of the Criminal Procedure Law, defenders have the right to submit materials and opinions on the innocence, light crime or reduction or exemption of criminal responsibility of criminal suspects. Defenders are not confident that public security organs can fully listen to and adopt opinions, but few people ignore them, ignore them and refuse to participate.
In order to enable your hospital to understand the case and the counsel's opinions more comprehensively and objectively, please refer to the Application for Bail Pending Trial (Annex II) and the Judicial Opinion on Criminal Suspect Liu's Illegal Evidence Obtaining (Annex III) submitted by the counsel to the public security organ on October 27th, 20 14/KLOC-0.
Four, your hospital urged the investigation organs to correct mistakes, eliminate interference, and handle cases fairly.
Regardless of the size of the case, whether it is supervised by the superior or not, whether the senior leaders attach importance to the public security organs or not, all cases should be investigated and dealt with fairly according to law.
(1) The investigation and supervision department of your hospital has verified this case.
When your hospital decided whether to approve the arrest, it asked Liu Moumou in custody and formed an inquiry record. The examination and prosecution department may verify the case and the fact that the public security organ illegally obtained evidence from the investigation and supervision department.
(2) There are other circumstances in the case of intentional injury.
Gao Moumou's intentional injury case is due to the election, canvassing and ticket buying behavior within the village Committee, and innocent involvement of the criminal suspect Liu Moumou due to other interests. Where is it because of what demolition, where is it because Gao Moumou does not accept new year's goods, and Liu's face is damaged.
(c) Because the victims are under great pressure to petition the public security organs.
Defenders are well aware of the cunning of criminals and the difficulty of solving crimes in criminal investigation. However, the public security organs should not pass on the pressure and difficulty of handling cases to the innocent Liu Moumou. Defenders understand that the victim's petition and noisy visit are not supported, but the public security organs cannot make innocent Liu bear the blame and punishment in order to maintain stability.
To this end, we urge the procuratorial organs to make a decision not to prosecute the criminal suspect Liu based on the standard that the evidence of criminal conviction and sentencing is indeed sufficient, fully embodying the principles of presumption of innocence, no doubt, and being conducive to the defendant's explanation.
I am here to convey
Junhua procuratorate
Beijing Yi Ming lawyer office
Lawyer Dong Yanguo
201April 4 15
Attached:
Judicial opinion of criminal suspect Liu Moumou illegally obtaining evidence-Annex I
Application for bail pending trial-Annex II
Judicial opinion on the criminal suspect Liu Moumou's illegal evidence collection-Annex III