Commentary: On April 29th, Zhang Guangxiang walked out of the detention center with a verdict of innocence and returned to Qingshan Village, Guanzhai Township, Zhijin County, Bijie City, Guizhou Province. Just like the murder of Xu Jin, a villager in the same village 15 years ago, Zhang Guangxiang's return home is a great event that sensationalized the whole village. However, considering the feelings of the victim Xu Jin's family, Zhang Guangxiang chose to keep a low profile when he finally went home this time. The firecrackers originally prepared at home did not explode in this small mountain village.
Wang Ning: Actually, do you want to keep it in mind?
Zhang Guangxiang: I want to act.
Wang Ning: Why?
Zhang Guangxiang: Because a person has been misunderstood and wronged by others for more than ten years, in my heart, only I can really feel the truth, but you can't feel my inner pain.
Wang Ning: So you want everyone to know.
Zhang Guangxiang: I am innocent.
Commentary: Closely related to Zhang Guangxiang's fate is another name, Xu Jin, a fellow villager. 199965438+On February 9th, Xu Jin was killed in his private clinic, and the public security organs intervened in the investigation. When Xu Jin's family held a funeral banquet in the village, Zhang Guangxiang didn't attend. He didn't know what this absence meant to him at that time.
Wang Ning: Why didn't you go then?
Zhang Guangxiang: Some things are inseparable.
Wang Ning: Your cousin said it was because you couldn't come up with 20 yuan. Is it true?/You don't say.
Zhang Guangxiang: I can get 10, 20 yuan, because some things are inherently inseparable, which is normal.
Wang Ning: You and Xu Jin are good friends, but you didn't attend his funeral, did you?
Zhang Guangxiang: Because in a village, we are neither too good nor too bad, just plain. Because we are also from the same village, we have no hatred and are not very good friends.
Commentary: Zhang Guangxiang lived an ordinary life, but at the same time, the police never made progress in solving Xu Jin's murder. In 2003, nearly four years after Xu Jin was killed, the police locked the suspect in Zhang Guangxiang. There is no other evidence, just because Zhang Guangxiang didn't attend Xu Jin's funeral.
Zhang Guangxiang: After the arraignment, I went to the Public Security Bureau and took a polygraph.
Wang Ning: A polygraph.
Zhang Guangxiang: The polygraph is to lie to me. After the polygraph, they told me that I was the murderer. I hung for four days and four nights. Look at these scars and scar marks on my hands, they are all hanging from the inside.
Wang Ning: How did this happen?
Zhang Guangxiang: Hang it, hang it all, hang it on an iron bar, and stay up for four days and four nights. They don't give food.
Wang Ning: So you admit that you killed Xu Jin?
Zhang Guangxiang: I didn't admit it, but I already fainted. I've been unconscious for four days and nights. My brain is blank. I don't know who I really am or what I'm doing. I really can't stand it. I wish I were dead. They asked me to fingerprint, so I did.
Wang Ning: So you never admitted to killing anyone?
Zhang Guangxiang: I have never killed anyone. I never admitted it myself.
Wang Ning: But you know that all your trials, including the arrest process, are due to your own confession of murder, which is the only reason.
Zhang Guangxiang: I'm telling you, their detention center or the public security system is responsible for the interrogation, which means that if I had said so, I wouldn't have died in the detention center.
Wang Ning: Can you explain what you just said?
Commentary: On October 3rd, 2003, 165438+ Zhang Guangxiang was detained by zhijin county Public Security Bureau and arrested on October 24th, the same year. In March 2004, he was sued to Bijie Intermediate People's Court. In the trial of first instance, Zhang Guangxiang retracted his confession, claiming that he did not kill Xu Jin, and provided clues that he was not at the scene at the time of the crime.
Wang Ning: Is there a witness to prove that you weren't there?
Zhang Guangxiang: Right.
Wang Ning: Who is it?
Zhang Guangxiang: At that time, I came back by tricycle, and Peng Daming came back. After we discussed it, right here, along the old road in our village, we charged the electricity bill, and then watched it on CD after charging the electricity bill.
Wang Ning: He proves that you have been watching CDs.
Zhang Guangxiang: Right.
Wang Ning: But he didn't show up at the clinic in Xu Jin.
Zhang Guangxiang: No.
Commentary: According to the clue provided by Zhang Guangxiang, the public prosecution agency withdrew the prosecution and returned it to the investigation agency for supplementary investigation. In August 2004, Zhang Guangxiang was released on bail pending trial. After he was free for a while, he went to the photo studio to take these photos.
Wang Ning: I just want to leave some evidence.
Zhang Guangxiang's wife: Yes.
Wang Ning: This photo?
Zhang Guangxiang's wife: Who will believe you when you say you extort a confession by torture?
Wang Ning: Has this photo been shown to the court?
Zhang Guangxiang's wife: The court has also seen it, and so has the Intermediate People's Court.
Wang Ning: Did you have any reaction after reading it?
Zhang Guangxiang's wife: They didn't say anything either.
Wang Ning: Besides this mark on his arm, is there any damage on him at this time?
Zhang Guangxiang's wife: When he comes back, he can't eat a bowl. He can't eat a bowl at all. He must eat with a spoon.
Commentary: The cultivation at home made Zhang Guangxiang's body gradually recover. However, in June 5438 +2006 10, after two years and two months of bail pending trial, Zhang Guangxiang was arrested and prosecuted again. This time, Zhang Guangxiang was separated from his family for eight years.
Wang Ning: Then why did they arrest you?
Zhang Guangxiang: I don't know. If they don't tell me, people will arrest me. I work four or five hundred dollars a day. They bound me with fetters and handcuffs. First, they tightened the shackles, and then handcuffed me.
Wang Ning: After I arrested you for the second time.
Zhang Guangxiang: Yes, that is, kicking this chest and lung all the year round.
Wang Ning: Do you admit that you had something to do with it?
Zhang Guangxiang: No.
Wang Ning: I didn't admit it either. You still insist that someone can prove that you are watching the CD.
Zhang Guangxiang: Right.
Wang Ning: Did the police present some new evidence for you to face at this time?
Zhang Guangxiang: To be honest, I have nothing to do with this case, because I didn't do it myself. If I did it, they would definitely have my fingerprints to confirm everything. They're just direct. I didn't do it. Whether they are themselves is their business, I don't know.
Wang Ning: But during the interrogation of your file, I saw that you pulled the nail out of the wall and stuck it in the other person's eye. Why is this happening?
Zhang Guangxiang: Do you think it is possible? I am a man, not a god. That's a nail of 12.8. Can I pull it out of the wall by hand?
Wang Ning: Then we also saw in the file that you admitted that the murder weapon was left in the cave on the mountain. Did you say it yourself?
Zhang Guangxiang: No, they all wrote it. I gave them handprints.
Wang Ning: Did you fingerprint again?
Zhang Guangxiang: When they hit me, I really couldn't stand it. I had to press it to save my life. There is no way.
Wang Ning: Do you know what happens when you press this handprint? Have you thought about it?
Zhang Guangxiang: I don't think about it either. They will kill you if you don't press it anyway.
Wang Ning: But after you pressed it, you were found guilty, and it was murder.
Zhang Guangxiang: I still have the opportunity to express my position to the judge.
Wang Ning: You think that as long as you can hold a court session, you will have a chance to express yourself.
Zhang Guangxiang: I have a chance to express my position, because if I didn't press it, I might have died long ago.
Commentary: On June 7, 2007, Zhang Guangxiang finally got another opportunity to make a statement to the judge. However, this opportunity brought him more disappointment. Bijie Intermediate People's Court made a first-instance judgment, found Zhang Guangxiang guilty of robbery and sentenced him to death with a two-year suspension.
Zhang Guangxiang: It's painful, but I still have to stick to it.
Wang Ning: How did you stick to it?
Zhang Guangxiang: I encourage myself to take good care of my health and be innocent. Don't let myself be accused of robbery and murder all the time and stick to life.
Commentary: Zhang Guangxiang refused to accept the suspended death sentence and appealed. On August 9, 2007, the Higher People's Court of Guizhou Province made a second-instance ruling that the facts were unclear and the evidence was insufficient. Cancel the original judgment and send it back for retrial.
Wang Ning: What is the basis for your remand?
Li Jian: After the appeal of this case, the collegial panel of our hospital carefully and comprehensively reviewed the case file and arraigned Zhang Guangxiang. After a serious meeting, the collegial panel held that the facts of the case were unclear and there were many contradictions in the evidence.
Wang Ning: What is this contradiction you are talking about?
Li Jian: Sometimes his confession can't be confirmed with the scene, and some of it is unreasonable and can't form a chain, so Zhang Guangxiang can't be found guilty. So he filed a case for examination and approval, sent back 17 questions, and asked to send them back for retrial. The key point is to make up these questions one by one, and the relevant investigation organs should supplement them.
Wang Ning: After your first appeal, the High Court sent you back for retrial.
Zhang Guangxiang: The High Court has always been fair to the law and handled it fairly.
Wang Ning: What was your mood at that time?
Zhang Guangxiang: There is hope.
Commentary: However, the result that Zhang Guangxiang hoped for did not come. In September 2008, one year and two months after the High Court made the decision to send the case back for retrial, Bijie Intermediate People's Court made a second first-instance judgment on the case and upheld the original judgment. That's still the death penalty, with a two-year suspension.
Wang Ning: What were you doing on the day when the appeal was rejected and the death sentence was upheld?
Zhang Guangxiang: Do nothing, not even eat.
Wang Ning: I didn't eat that day.
Zhang Guangxiang: No.
Wang Ning: Have you talked to anyone?
Zhang Guangxiang: Pain. I don't want to talk to people during the day. My heart is very painful, wronged and desperate.
Wang Ning: How did you get through the day? How did you do that?
Zhang Guangxiang: That is to say, I want to clear my grievance. I can only clear myself if I survive strongly, so I will spend it slowly by myself.
Wang Ning: Have you ever thought about giving up?
Zhang Guangxiang: No, there will be hope one day.
Commentary: Zhang Guangxiang started the second appeal against the first-instance judgment that was still suspended, and the Higher People's Court of Guizhou Province also accepted the appeal case for the second time.
Wang Ning: Have they solved the problem of 17?
Li Jian: Basically, there is no solution, no breakthrough. After the appeal, we formed a collegial panel according to law. The collegial panel interrogated Zhang Guangxiang again, and there was no breakthrough in the study of question 17.
Zhang Guangxiang: Without a breakthrough change, they dare to maintain their past judgments.
Li Jian: As our superior court, we are more rigorous and meticulous about this difficult case, and then we put forward 12 questions after discussion by the collegial panel.
Commentary: In April 2009, the Guizhou Provincial High Court made a second-instance ruling, again revoked the original judgment and sent it back for retrial. At this time, it has been two and a half years since Zhang Guangxiang was arrested for the second time.
Wang Ning: This 12 question overlaps with what I told them before.
Li Jian: There is a cross.
Wang Ning: There is overlap.
Li Jian: Yes.
Wang Ning: But since there are overlaps and overlaps, why didn't we make a decision when we received their ruling to uphold the original judgment?
Li Jian: Due to the complexity of the problem, he made seven guilty confessions in the investigation organ, and some evidences including confessions also have this overlap. So in this case, what we mean is that this is true, because the facts are unclear and the evidence is insufficient, and Zhang Guangxiang cannot be convicted. Besides, it was a few years ago. This is before the introduction of the new criminal procedure law, even if there are difficulties, it can be sent back. Finally, the provincial court didn't, no.
Wang Ning: The Second High Court is still remanding the case for retrial. How do you feel at this time?
Zhang Guangxiang: There is still hope.
Wang Ning: What do you think this remand of the High Court means to you?
Zhang Guangxiang: It means that you will always be wronged and will be clarified one day.
Wang Ning: Are you scared?
Zhang Guangxiang: Not afraid.
Wang Ning: Why?
Zhang Guangxiang: Because what is true is always true, and what is false is always false.
Commentary: In the detention center, Zhang Guangxiang had no chance to see his family, and seeking help from a lawyer was his only recourse. Outside the detention center, family life is getting worse every day, because there is a murderer at home and everyone in the village has been killed, which inevitably makes him look at others with new eyes.
Zhang Guangxiang's second son: Teachers and classmates will say that your father is a murderer.
Wang Ning: Will you defend Dad?
Zhang Guangxiang's second son: I will argue with others.
Wang Ning: Then what?
Zhang Guangxiang's second son: But I have no choice but to hide in the corner and cry by myself.
Commentary: The two sons were forced to drop out of school and used the money from working to raise legal fees for their father.
Wang Ning: What about their grades at school?
Zhang Guangxiang: Right.
Wang Ning: Did you ever want them to go to college?
Zhang Guangxiang: Hope.
Wang Ning: When you came out, you saw two children working outside.
Zhang Guangxiang: My heart is very painful and my work has no future. Because he is a coolie after all, because you can work when you are young, but you can't work when you are old. What do you support yourself with? After all, reading is the only way out. You have no education, so it must be difficult for you to do something.
Wang Ning: He really wants you to go to college and continue your studies.
Commentary: The waiting time is very long. February 20 12, that is, three years after the second remand by Guizhou high court, the prefecture-level intermediate people's court made the third first-instance judgment, and still found Zhang Guangxiang guilty of robbery, but his sentence was changed from the original death penalty to fixed-term imprisonment 15.
Wang Ning: Actually, this is a very big change.
Zhang Guangxiang: Right.
Wang Ning: So when you look at the verdict of these fifteen years?
Zhang Guangxiang: It's very painful.
Wang Ning: Will it be more painful than the reprieve you saw on your first appeal?
Zhang Guangxiang: Right.
Wang Ning: Why is it more painful?
Zhang Guangxiang: Because of this judgment, I am still guilty. Even if I am sentenced to one day, I will appeal, because I have always been innocent. I just firmly believe that one day, I will walk out of the detention center innocently.
Wang Ning: What if the appeal is unsuccessful?
Zhang Guangxiang: You can appeal if you are unsuccessful. There is a time limit for appeals. If you have no time, you can appeal at any time.
Wang Ning: You think even if you go to jail, you still have to complain.
Zhang Guangxiang: I have to complain all the time, and I will stop after cleaning up.
Commentary: Zhang Guangxiang insisted on the third appeal with his constancy. In 20 13, the Central Political and Legal Committee issued the notice of "Provisions on Effectively Preventing Unjust, False and Misjudged Cases" for the first time, and began to promote the clearing of cases in which criminal suspects and defendants were detained for more than three years. Zhang Guangxiang's case seems to have entered the fast lane at once.
2065438+On April 29th, 2004, the Higher People's Court of Guizhou Province entrusted the Intermediate People's Court of a prefecture-level city to publicly pronounce the case of Zhang Guangxiang's robbery appeal, and the appellant Zhang Guangxiang was acquitted and released in court.
Wang Ning: What was it like when you were really acquitted?
Zhang Guangxiang: Of course. I'm really happy because it's so sudden.
Wang Ning: You suddenly feel. You have been waiting for ten years. Why does it feel sudden?
Zhang Guangxiang: It's too long. Ten years is really too long. I wait for myself every day. Although acquittal is a good result and a happy ending, I have lost too much, indeed too much, and I am not happy.
Wang Ning: Actually, your real state at that time was unhappy.
Zhang Guangxiang: Right.
Wang Ning: What are you thinking?
Zhang Guangxiang: I have lost too much.
Wang Ning: What do you think you have lost the most?
Zhang Guangxiang: Most of them are relatives. Between people, your loneliness and the reunion of your loved ones are worlds apart. Of course, everyone likes family reunion.
Commentary: Zhang Guangxiang finally waited for the reunion dinner that was many years late. Zhang Guangxiang was 37 years old in the year of criminal detention. His two children who are still in junior high school dropped out of school to work because of family changes. During this period, the eldest son suffered a car accident while working in Fujian, resulting in grade 8 disability and mental disorder. Zhang Guangxiang's elderly parents were also delirious because of mental shock, and his mother was in a car accident and his steps were disabled.
Wang Ning: You're out. Do you think what you lost in the past can come back?
Zhang Guangxiang: I can't come back.
Wang Ning: Even if I stay with my family day and night, can't I come back?
Zhang Guangxiang: I can't come back.
Wang Ning: Why?
Zhang Guangxiang: It is often said that there are many things that can never be returned if they are lost, just like youth. Ten years, life has several decades. He was young when he went in and old when he came out.
Wang Ning: Who do you think is responsible for Zhang Guangxiang who has been imprisoned for eight years?
Li Jian: I think it should be said that all case-handling departments are responsible and should be responsible. Finally, through the accountability mechanism, which link and which case handler really broke the law, violated the procedure, and even bent the law, must be investigated according to law and discipline.
Wang Ning: Because in some cases in the past, we did see the pressure to solve a murder case, so many law enforcement officers may use the fastest time and the shortest time to quickly understand a case, for the purpose of understanding, not for the purpose of justice.
Li Jian: It's true that this case has dragged on for a long time, but I said that in some cases, we originally solved the case within a limited time, and the alleged charges are relatively light, and it is also possible to hang up and drag it up. Seeking truth from facts is also objective, but I think with the progress of the national legal system, the quality and efficiency should be greatly improved by strictly following the procedures.