Wang Shuguang, a 35-year-old man from Quzhou County, Handan City, was arrested again and prosecuted by Quzhou County Procuratorate on October 2, 20 165438/KLOC-0. This year, 65438+1October 20th and 65438+February 24th, Quzhou County Court held three sessions to hear the case, which was broadcast live on the Internet. The Beijing Times reporter listened to the case through live webcast.
According to China's current laws and regulations, after the criminal compensation decision is issued, it is not illegal for Quzhou County Procuratorate to file a new case for investigation and prosecute on the same charges as before, but it must be approved by Handan City Procuratorate. However, during the trial, Quzhou County Procuratorate failed to issue the approval document of Handan City Procuratorate.
Help a friend defend his rights and report his real name.
Wang Shuguang said in court statement that although his native place is Quzhou County, he, his wife and children have been working and living in Haikou. 2013May 19, Wang Shuguang learned that Wang Moulong, the son of neighbor Wang Qingzhi, was beaten at school, resulting in perforation of the eardrum of his right ear, and was hospitalized in Quzhou County Chinese Medicine Hospital.
Wang Shuguang said in court that after Wang Moulong was beaten, the school refused to handle it and the police refused to accept it. There are still people in the hospital who are threatened. Wang Qingzhi hopes that he can help safeguard rights; Because of his care for Wang Qingzhi since childhood and his father's great help in handling the funeral, he decided to help Wang Qingzhi.
During the trial, Wang Qingzhi said that after repeated complaints were invalid, with his authorization, Wang Shuguang made a real-name complaint against the case handlers of the relevant departments in Quzhou County in the name of Handan City, Hebei Province and the discipline inspection organ, and published a real-name report on the Internet.
The reporter of Jinghua Times saw on the Internet that in Baidu Post Bar, Tianya Forum and other online communities, Wang Shuguang and Wang Qingzhi reported that Quzhou County Public Security Bureau had misappropriated the funds for handling cases to build an office building, and sued Quzhou hhghgbg, including Bu Liankun, then director of the Chengguan Police Station of Quzhou County Public Security Bureau, and Zhao Yuping and Yuan Changjun, then chief procurators of Quzhou County Procuratorate.
Wang Qingzhi also said during the trial that Wang Shuguang did not accept any money in the process of helping him defend his rights, and there was no exchange of interests.
After 424 days in detention, he was not charged.
According to the indictment issued by Quzhou County Procuratorate on May 9, 2065438, Wang Shuguang was detained by Quzhou County Public Security Bureau on October 25, 20 14/kloc-0, and arrested by Quzhou County Procuratorate on February 25, 20 18.
Quzhou County Procuratorate stated in the indictment that during the period of 20 13 to 20 14, the Chengguan Police Station of Quzhou County Public Security Bureau lured the victim to the public security organ to commit perjury when handling the case of Wang Moulong being injured, and coerced the suspect Zhao to commit perjury by making phone calls, sending text messages and recording privately, and put pressure on the leaders of relevant departments through letters and visits and online media.
Quzhou County Procuratorate believes that Wang Shuguang's act of threatening others to testify has seriously violated the normal litigation activities of the judicial organs, so it initiated a public prosecution. The Beijing Times reporter noted that the prosecutor in the indictment was Zhao Yuping.
Wang Shuguang's agent, Zheng Jiwen, a lawyer of Songzhou Law Firm in Inner Mongolia, said that at that time, he asked the relevant departments of Handan City and Hebei Province to change their jurisdiction on the grounds that Wang Shuguang publicly reported that the relevant personnel of Quzhou County Public Security Law had an interest.
The "Decision on Reconsideration of Criminal Compensation" issued by the Procuratorate of Handan City shows that on June 29th, 20 15, the Intermediate People's Court of Handan City (referred to as Handan Intermediate People's Court) assigned the case to the Qiu County People's Court for jurisdiction. On July 22nd of that year, the People's Procuratorate of Handan City appointed the People's Procuratorate of Qiu County to review and prosecute. After examination, the People's Procuratorate of Qiu County made a decision not to prosecute on February 22, 65438 on the grounds of unclear facts and insufficient evidence in accordance with the provisions of the fourth paragraph of Article 171 of the Criminal Procedure Law.
Zheng Jiwen, Wang Shuguang's attorney, said that Wang Shuguang was released on the same day after Qiu County Procuratorate decided not to prosecute. Wang Shuguang said in his court statement that after his release, he returned to Hainan to find a new job and applied for state compensation for his detention for more than one year.
The aforementioned "Decision on Reconsideration of Criminal Compensation" shows that on June 7, 2006, Wang Shuguang requested the Quzhou County Procuratorate to compensate the restricted personal freedom for 423 days 102492.90 yuan on the grounds that it was wrongly arrested by the Quzhou County Procuratorate and violated his personal and property freedom; Remove the seizure of an Apple mobile phone and a Samsung mobile phone, and apologize to them, eliminate the influence and restore their reputation.
On August 6, 20 16, the Quzhou County Procuratorate made a decision, and the Quzhou County Public Security Bureau conducted supplementary investigation on the original case during the trial of the compensation case, and found that the facts of the crime were clear and the evidence was indeed sufficient, and put forward the opinion of transferring it for review and prosecution. The fact that Wang Shuguang claims compensation for infringement does not exist, so it is not compensated. Wang Shuguang refused to accept it, and filed an application for compensation reconsideration with Handan City Procuratorate on August 16, 2006.
Handan City Procuratorate believes that Qiu County Procuratorate has the right to receive state compensation because it decided not to prosecute. Quzhou County Procuratorate put forward the opinion of transferring the case for review and prosecution on the grounds that the re-investigation by Quzhou County Public Security Bureau did not comply with the relevant provisions of the law.
Finally, on June 5, 20 16, Handan City Procuratorate issued the Decision on Reconsideration of Criminal Compensation, revoking the decision of Quzhou County Procuratorate not to pay compensation, and designated Quzhou County Procuratorate to pay Wang Shuguang personal freedom compensation of RMB 102735.2 and spiritual damages of RMB 65438+424 days.
Arrested again, without compensation
During the trial, Wang Shuguang said that on 20 16, 16120, he was detained by the airport branch of Haikou Public Security Bureau when he was preparing to fly from Haikou Airport to Quzhou County to apply for state compensation. The police officer told Wang Shuguang that he had been listed as an online fugitive by Quzhou County Public Security Bureau on June 9, 20 16.
Wang Shuguang's wife, Zhao Moujing, presented a legal document to the Beijing Times reporter. 20 16, 10 10. On 28th October, Wang Shuguang was detained again by Quzhou County Public Security Bureau on suspicion of obstructing testimony, and was arrested and prosecuted by Quzhou County Procuratorate five days later.
During the three court sessions, Zheng Jiwen, the agent of Wang Shuguang, suggested that the legal inspection organ in Handan had made a decision to change its jurisdiction, and the relevant decision had not expired or been revoked. There is no legal basis for Quzhou County Procuratorate and the court to have jurisdiction over this case; According to Article 46 of the Provisions on State Compensation Work of People's Procuratorates, "After the People's Procuratorate handles a case with our hospital as the organ liable for compensation or makes a compensation decision, it shall report to the people's procuratorate at the next higher level for approval, and the criminal compensation case being handled shall be suspended." Quzhou County Procuratorate, as the organ liable for compensation, re-opened the case for investigation and prosecuted Wang Shuguang without the approval of the Municipal Procuratorate, which violated the law.
Regarding Zheng Jiwen's query, the collegial panel of Quzhou County Court verbally informed that it was not in compliance with the law to require Handan Intermediate People's Court to change its jurisdiction; Quzhou County Procuratorate did not answer these two questions, nor did it issue a legal document that Handan City Procuratorate agreed to re-file a case for investigation and prosecute Wang Shuguang.