Brief introduction of the case
Migrant workers Yu Xiaomou (just turned 18 years old) and Chen Mou had an emotional dispute with Mao Xiaomou, and they agreed to "negotiate" at the gate of a company in Hangzhou Bay New District, Ningbo by telephone. After Yu assembled eight people, Chen Mou assembled seven people, and two groups rushed to the door of a company with their bare hands or tools. Later, because the "negotiations" failed, the two sides began to fight with each other. In the process of fighting each other, seven people were injured on both sides. After forensic identification, one of them was slightly injured, and the other six were slightly injured.
The indictment of the People's Procuratorate of Cixi City, Ningbo City accused Yu Xiao and Chen Mou of committing the crime of stirring up trouble, and they were the ringleaders. Yu may be sentenced to more than three years in prison for armed affray, which meets the relevant requirements of Ningbo to carry out the pilot work of full coverage of lawyers' defense in criminal cases and is included in the scope of notice defense. The People's Court of Cixi City, Ningbo City informed the Cixi Legal Aid Center of Ningbo City to appoint a lawyer to defend Yu Xiaomou. Ningbo Cixi Legal Aid Center entrusted lawyer Zhou of Zhejiang Jinsui Law Firm as the defender for Yu Xiaomou. After receiving the assignment, Mr. Zhou immediately went to the criminal trial court of Cixi People's Court in Ningbo to check all the files in detail, and then went to Cixi Detention Center in Ningbo to meet Yu Xiaomou. ?
After meeting with Yu, lawyer Zhou learned that Yu had no objection to the facts and charges identified in the indictment, and expressed his voluntary confession. I thought there should be no objection to this case, but when the aid lawyer Zhou asked how Yu Xiaomou arrived at the case, Yu Xiaomou's answer aroused the vigilance and attention of the aid lawyer. It turned out that Yu Xiaomou was arrested in the People's Hospital after the fight. At that time, because Yu Xiaomou was injured, he did not go to the police station immediately, but went to the People's Hospital for medical treatment first. Yu Xiaomou and his sister's boyfriend Huang Moumou are in the same car. On the way to the hospital, the police of Hangzhou Bay New District Police Station called Yu and asked him to turn himself in. The phone was answered by Huang Moumou, who truthfully told the police about Yu Moumou's medical treatment. Subsequently, the police quickly rushed to the People's Hospital and brought Yu Xiaomou and others back to the police station. Zhou keenly realized that Yu Xiaomou's move may be to surrender, but why not recognize it in the investigation stage and the review and prosecution stage? With this question, after the meeting, Zhou consulted the files in detail. Sure enough, the public prosecution only found that Xiao had truthfully confessed the main criminal facts, but did not find that he surrendered himself.
Moreover, in the case file "After Arriving at the Case", it is only mentioned that the police summoned Yu Xiaomou, who was injured in the People's Hospital, to the Hangzhou Bay Police Station, without mentioning the details that Yu Xiaomou said before arriving at the case. Therefore, lawyer Zhou launched an investigation into the case of Yu Xiaomou. ?
Lawyer Zhou first contacted Huang through the contact information of relatives provided by Yu Xiaomou and asked him all the details of his meeting with Yu Xiaomou and others on the night of the incident until Yu Xiaomou was arrested in the hospital. Huang's statement is basically consistent with Yu Xiaomou's confession, and Huang also mentioned that after meeting Yu Xiaomou, Yu Xiaomou asked him if he needed to call the police. He said that he would call the police and then called the police with his mobile phone. Because more than half a year has passed since the date of the incident, Huang has been unable to provide a detailed list of calls on the night of the incident. So the lawyer explained the situation to the presiding judge and asked him to obtain the alarm record of the night of the incident and the call record between the Hangzhou Bay New District Police Station and Huang Moumou from the public security organ. The judge in charge accepted the lawyer's suggestion and asked the Hangzhou Bay New District Police Station to supplement the investigation of Yu Xiaomou's arrival according to the situation reflected by the lawyer.
Before the scheduled trial, the Hangzhou Bay New District Police Station supplemented the details of witness testimony and police receipt of witness Huang to the court. The public prosecutor believes that although Huang has an alarm, he is not entrusted by Yu. Yu Xiaomou subjectively didn't want to surrender, and judging from the results of Yu Xiaomou's visit, he was not injured and didn't wait at the crime scene. Therefore, it cannot be considered as surrender. ?
Aid lawyers believe that Xiao was just over 18 years old at the time of the crime, and there were many people involved. After the incident, Yu was flustered, and it was reasonable for a close adult to call the police, which showed that he was active and voluntary. Although the diagnosis showed that he was not injured, he did go to see a doctor after the incident. This fact can also be consistent with "after arriving at the case" and can truthfully confess his criminal facts after being brought to justice, so it should be considered as having. According to Article 1, Paragraph 1 (1) of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Cases of Surrender and Meritorious Service and the first point of the Supreme People's Court's Opinions on Several Specific Issues Concerning Handling Cases of Surrender and Meritorious Service, the criminal suspect entrusts others to surrender on his behalf because of illness, injury or in order to mitigate the consequences of the crime, or surrenders by telegram first; Taking the initiative to report the crime after committing it, although he did not show that he was the perpetrator, he did not flee the scene and confess his crime when asked by the judicial organs; Knowing that others have reported the case, they did not resist arrest at the time of arrest, waited at the scene, and confessed the facts of the crime, which should be considered as voluntary surrender. In the end, the People's Court of Cixi City, Ningbo adopted the opinion of the aid lawyer, and believed that Yu Xiaomou was still waiting for the police to arrest him while knowing that others had called the police. After arriving at the case, he can truthfully confess the main criminal facts, which can be considered as surrender according to law.
Recommended reason
The surrender in this case is atypical, controversial and difficult to identify. In this case, Yu Xiaomou was finally recognized as surrendering himself, which reflected the rigor and meticulous work of assisting lawyers and strong handling level, which is worthy of recognition. At the same time, the case belongs to the pilot scope of full coverage of lawyers' defense in criminal cases, which is a demonstration of the reform results.
Expert evaluation
Whether the defendant surrenders himself or not is a problem that will be involved in every criminal case. Usually it will be found out in the investigation stage. However, the public security organs and public prosecution organs in this case have not yet decided to surrender to Yu, mainly because the surrender in this case is atypical and voluntary, so there is some controversy in the determination. In this case, it can be concluded that Yu Xiaomou surrendered himself and successfully closed the case, relying on the meticulous work of assisting lawyers and strong criminal handling level, but in the final analysis, he benefited from the full coverage of criminal cases. The pilot project of full coverage of lawyers' defense in criminal cases is an important measure to promote judicial reform and lawyer system reform, and it is of great significance to respect and protect human rights, especially the rights of defendants in criminal cases.