According to the prosecutor, according to the law, the criminal suspect liying is sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, which is a misdemeanor case. Li took the initiative to bring the case to justice and truthfully confessed his criminal behavior. He can deeply understand the harmfulness of his behavior and his own problems, and he has a correct attitude towards confession and sincerely repents. In addition, Li Zaining has a fixed residence and a stable job, without any criminal record, and has always performed well. After comprehensive evaluation, Li can't commit new crimes or take revenge on witnesses and victims, nor can he commit suicide, escape and other acts that hinder criminal proceedings. Therefore, not approving the arrest of the suspect Li will not hinder the smooth progress of criminal proceedings.
The prosecutor handling the case said, "The child has repeatedly expressed his wish to see his mother, and his biological parents have also made a request to the procuratorate not to arrest Li. Not approving the arrest of Li can make children study and live with peace of mind as soon as possible, which has a positive effect on restoring their physical and mental health. Therefore, we made a decision not to arrest the suspect according to law. " In an interview with the media, the prosecutor in charge of the case said that since June 20 14, Li Yin has been beating and cursing the child victims because of education problems. On the evening of March 3, 2065438, Li Yin studied the problem and beat the victim's body again with a scraper and skipping rope, causing his body surface contusion. After identification, the contusion area of the child victim exceeds 10% of the body surface area, which is a minor injury.
In the face of doubts, at around 9: 00 pm on April 20th, 20 15, "Nanjing Procuratorate" released a long microblog again, giving several reasons for not arresting Li for intentional injury.
At the hearing to review the arrest, most people suggested not to approve the arrest.
On April 12, the High-tech Zone Branch of Nanjing Public Security Bureau applied to Pukou District People's Procuratorate for approval to arrest Li on suspicion of intentional injury. After reviewing the case file, interrogating criminal suspects, questioning witnesses, listening to the opinions of victims and defenders, and widely listening to the opinions of all sectors of society through holding a public hearing on examination and arrest, the court held that Li was suspected of intentional injury, but there was no need to arrest him. On April 19, 2009, our hospital made a decision not to approve Li's arrest according to law.
In response to the hearing of censorship and arrest, which is generally unfamiliar to netizens, the procurator of Nanjing Pukou District People's Procuratorate explained in an interview with the media that the hearing refers to a way of handling cases in which the facts are clear and the evidence is sufficient, the case is disclosed to the litigants and the society, and the opinions of all sectors of society on whether it is necessary to arrest are heard.
"This is a more practical method summed up by the people's procuratorate in litigation practice." Hong Daode, a professor of criminal procedure law at China University of Political Science and Law, said that according to the needs of procuratorial organs, cases can be examined in court according to the actual situation. Song, vice president of the Institute of Criminal Law Science of Beijing Normal University, said that hearings are usually held in controversial or sensitive cases, so as to listen to and summarize the opinions of all parties more comprehensively.
Cctv reported that 19 people attended the hearing. Among them, 12 people clearly expressed the opinion that the arrest should not be approved.
Huang Qionghua, a juror in the case of starving girls in Nanjing, was one of the members attending the hearing. According to her introduction, the participants in the hearing included NPC deputies, CPPCC members, experts and scholars, lawyers, women's federations, civil affairs, school and community related personnel.
Huang Qionghua said that her advice was not to catch it. At the hearing, the defense lawyer read a letter of apology from the foster mother Li. However, Huang Qionghua said in her personal Weibo that Li's apology letter had nothing to do with making such a decision.
"Whether a criminal suspect will commit a second crime and whether there is serious social danger is one of the important conditions to measure whether he should be arrested." Huang Qionghua said that his advice on not approving the arrest is more about whether the nature of the case is serious, whether the perpetrator is subjective, whether it will destroy evidence, whether it will escape or even commit suicide. Huang Qionghua has come into contact with many cases of minor injuries. She said that in this case, the child's injury is also relatively minor.
"Whether to arrest is actually aimed at whether to continue to take compulsory measures against Li and whether to continue to keep her in the detention center." Huang Qionghua said that it is reasonable to make a decision not to arrest Li if we don't worry about whether he is illegal or not.
Li, a public interest lawyer for the protection of minors in Jiangsu Province, also attended the hearing. Considering whether the suspect will endanger society, escape or commit suicide, she also gave advice on not approving the arrest.
Not approving the arrest does not mean not pursuing criminal responsibility.
However, Huang Qiong Hua stressed that not approving the arrest does not mean that the foster mother will no longer be investigated for criminal responsibility. She hopes that the prosecution can further review it in the future, making it a typical case of judicial protection of minors. "Just let everyone know that it is illegal for you to whip your child at home and cause minor injuries."
The Nanjing prosecutor also explained in the briefing that not arresting does not mean that the suspect is acquitted.
"Arrest is only one of the compulsory measures to ensure the smooth progress of the lawsuit." In an interview with China Youth Daily, Song said that whether to arrest is only the application of procedural measures, and it is not necessarily related to the final sentencing.
According to Song, there are usually three preconditions for approving the arrest of a criminal suspect: first, there is evidence to prove the facts of the crime; Second, it may be sentenced to more than fixed-term imprisonment; Third, if the suspect is not arrested, the lawsuit may be blocked. "These need to be applied according to the specific circumstances of the case. If you can be on call, promise not to escape, and abide by the relevant system regulations, you can not arrest. "
Hong Daode also believes that in this case, the decision not to arrest is legal. "The child was finally identified as a minor injury. If the result of intentional injury is minor injury, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control according to law. " Hong Daode said that according to the law, only those who have committed serious crimes and may be sentenced to more than 10 years of imprisonment fall within the scope of unconditional arrest.
In the briefing, the Nanjing prosecutor said that after Li was brought to justice, he was deeply aware of the harmfulness of his actions and his own problems, and he pleaded guilty with a correct attitude and sincerely repented. In addition, at present, the basic evidence of the whole case has been collected and fixed, and there is no need to take Li into custody for investigation and evidence collection. At the same time, Li Zaining has a fixed residence and a stable job, without any criminal record and has always performed well; After evaluation, the way of obtaining bail pending trial will not cause personal injury or revenge to the victim again, so it has the conditions of obtaining bail pending trial.
In addition, the Nanjing prosecutor also gave two other reasons for not approving the arrest.
First, the case happened for a reason. It is a criminal case caused by improper family education, so Li's intentional crime is different from other illegal and criminal acts of intentionally abusing and beating minors for no reason, and its subjective malignancy is also small.
Second, it is in line with the wishes of all parties not to approve the arrest. According to the notice, the victim in this case expressed his wish to see his mother, and the victim's biological parents also said that they did not want to arrest Li. At the hearing, most participants expressed their views in favor of not approving the arrest from many angles. Therefore, the approval of Li's arrest and his continued detention will have a negative impact on the victim's physical and mental health, which is likely to cause new psychological trauma and "secondary injury". Therefore, under the premise of not affecting criminal proceedings, not approving the arrest of Li is conducive to the victim's return to normal life and study as soon as possible and to his healthy growth. 20 15 at 9: 30am on September 28th, Weibo, the official of the Pukou District People's Court in Nanjing, Jiangsu Province, informed that the Pukou District People's Court in Nanjing held a public hearing in the 12th court to hear the case that the defendant Li was suspected of intentional injury.
The prosecution alleged that Li, the heroine of the child abuse case and the foster mother of the boy, was suspected of intentional assault. Li believes that there are serious problems in the appraisal procedure and there is no legal basis to detain him when criminal proceedings are initiated.
At the court hearing on September 28th, according to the prosecution's accusation, on the evening of March 3rd, 2065438, the defendant Li Yin beat the boy Shi Moumou at home due to educational problems, causing a large area of bruises on his body surface. Appraised by the public security department, Shi's injury has constituted a minor injury.
During the trial, the defendant Li disagreed with the charges accused by the procuratorate and thought that it did not constitute a crime. She admitted the fact of hitting the child, saying that "it is because the child often lies. I hit his leg with an itchy rake and brushed him with a folded skipping rope. " After hitting the child, Li said that he had not checked the child's injury, but only thought that he was "not playing well".
The trial lasted from 9: 30 a.m. to 10 in the afternoon, lasting more than 12 hours. The court announced a temporary recess. At 9: 00 am on the 29th, the Pukou District People's Court of Nanjing continued to hear the case.
In the court hearing on the 28th, the defendant Li admitted to hitting the child, but thought that his behavior did not constitute a crime. According to relevant laws and regulations, whether Li constitutes the crime of intentional injury depends on the degree of injury of the child, which is also the focus of controversy between the prosecution and the defense in the trial.
The trial continued on September 29, and the trial was interrupted twice because the defendant Li was out of control and cried in court. At 6:5438+0 1 in the morning, the trial resumed. The presiding judge announced that Li Yin had attempted suicide and was arrested with the approval of the president. Li lost control and tried to commit suicide by hitting a wall. He was arrested in court.
On the morning of September 29th, 2065438+05, the trial began, and Li made a big fuss about the live broadcast of the judge's trial. The judge explained that the two sides had previously agreed to hear the case publicly.
Subsequently, the prosecution presented evidence, one of which was the minutes of the meeting, and the criminal investigation department held a forensic meeting to clarify the standards on which the child's injury identification was based. Li disagreed with this evidence. She believes that the Forensic Medicine Appraisal Center of Nanjing Public Security Bureau has issued a forensic medicine appraisal report. Why do you need so many experts to testify and explain? Can't this appraisal explain the child's minor injuries? In addition, she submits that she did not read the evidence before the trial, and she hopes that the case can be postponed.
Li was emotional and didn't listen to the presiding judge's explanation. The presiding judge knocked on the gavel several times to stop it, but she still shouted to consult an expert, which made the trial unable to continue.
Subsequently, the presiding judge announced a five-minute recess. The court session was not resumed until 1 1 in the morning.
The presiding judge announced that during the recess, after deliberation by the collegial panel, he concluded that: first, the public security organ had submitted this material to the court in advance, and the court had summoned Li's defender to the court for inspection, and there was no so-called "evidence surprise"; Second, in the morning trial, Li disobeyed the command of the presiding judge, made a noise in the court and was reprimanded by the court according to law. During the recess, she tried to hit the wall in the detention room and was stopped by the bailiff. After deliberation by the collegial panel, according to the provisions of Item 5 of Article 79 of the Criminal Procedure Law and Item 2 of Article 129 of the Judicial Interpretation of the Criminal Procedure Law, Li attempted suicide and was arrested with the approval of the President of Pukou Court.
Then the judge announced the adjournment again. Li, who was handcuffed in the court, was so emotional that he couldn't walk and was taken out of the court by the bailiff.
In the afternoon, the case continued to be heard. At this time, Li looks much calmer.
Hearing the child's words, she secretly wiped a tear.
During the two-day trial, Xiaohu's biological parents also invited a lawyer to appear as Xiaohu's agent. After presenting the evidence in the public prosecution yesterday afternoon, he also presented a video evidence to the court, which was what Xiaohu wanted to say to his adoptive mother. Because the video involves the child's personal privacy, the presiding judge is not allowed to play it in court, but asked him to relay what Xiaohu said in the video in court.
The following is the content relayed by the attorney:
"Mom, I miss you so much. When can I go home? Have you taken care of your affairs? I don't want to live at my cousin's house, I want to go home!
Mom, I know I was wrong. I will never lie again. I won't make you angry again. When I grow up, I will listen to my teacher, study hard and honor you.
Mom, the summer vacation is already over half. I haven't done my homework. I can't do it, and no one teaches me. What should I do?
Dad, I miss you so much. You promised to take me to Beijing in the summer vacation. I miss my sister. I want to go to Beijing to see my sister. When can I go? "
The reporter of Modern Express noticed that Li hung his head, put his hand on his head and wiped his eyes with a paper towel from time to time when listening to his agent.
Later, she said that the sister the child said was her own daughter, studying in Beijing. They had promised to go to Beijing for the summer vacation, but they didn't expect things to turn out like this.
Show the children photos of life and recall the past with a smile.
On the afternoon of September 29th, 20 15, Li also submitted evidence to the court. She first showed 50 photos. She said that most of them were photos of her life that she showed to her children after adopting Xiao Hu.
The first photo is the child's hundred days of sunshine. Li told the judge that this was the only photo of the child before he was 6 years old. The tiger in the photo is thin and black. When she first brought her children to Nanjing, they went to kindergarten, graduated from kindergarten and went to the first grade. During these important periods, Li took photos. Even the baby teeth that Xiao Hu replaced, she kept them and took photos.
The photos are turned back one by one, and the child is taller and fatter every day. The tiger in the photo is eating, making faces, learning from Bao Shu, visiting the zoo and going to the seaside. Even Li photographed the traces of revision left by her children when they were tutoring their compositions.
When telling the story behind each photo, Li's tone softened a lot. Speaking of some photos of Li, I also smiled. She said that the child's bright smile can still be seen in the photo. Children have special skin, and they don't blame Li.
On the afternoon of September 29th, 2015, Li's defense lawyer presented a piece of evidence to the court, which was Xiao Hu's biological mother's request to the public security organ to mediate the case on April 23rd, 2065 438+05. It is understood that he only got this evidence shortly before the trial.
In this request, the tiger's biological mother mentioned that Li provided a good living environment for the tiger and took good care of his children. She said she knew her cousin. The reason why she hit the child was definitely not intentional. I hope that the public security organs will not make it difficult for Li to pursue her criminal responsibility.
It is worth mentioning that the tiger's biological mother also explained to the public security organs that the child's skin is different from others, and red marks will appear when touched lightly. In a few days, these red marks will disappear completely and you won't feel pain. So she said that she didn't blame Li for hitting Xiaohu, but only hoped that the children could return to their original lives. If Li Yin is punished for improperly educating his children, the husband and wife will feel sorry for their cousin and beg the public security organ to agree to their request.
It is understood that after this application, Xiaohu's biological mother also submitted a criminal understanding letter and a criminal mediation letter to the Pukou prosecutor, and also proposed that she was unwilling to pursue any legal responsibility of Li.
Li's defense lawyer said that according to Article 8 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on Handling Domestic Violence Crimes according to Law, the victim's right of procedural choice should be respected, and the victim's right to choose public prosecution or private prosecution should be respected when filing a case for review. In the process of investigation, if the victim no longer requests the public security organ to handle the case, he shall inform the victim in writing to submit a written application to the public security organ. If the victim voluntarily surrenders after examination, the public security organ shall dismiss the case according to law.
Therefore, lawyers believe that this case should be dismissed. The lawyer continued to hear the case, saying that the arrest did not affect the conviction and sentencing.
20 15 At 6 o'clock in the evening on September 29th, the cross-examination stage of the trial ended, and the presiding judge announced an adjournment, and the trial continued at 9 o'clock the next morning. Earlier, Li's defense lawyer asked for her to be released on bail pending trial, and her husband was the guarantor. However, the court did not respond to this request in court. After the trial yesterday, Li was taken to the detention center.
Regarding Li's arrest, her defense lawyer believes that the court's arrest decision has no legal basis, and Li's request for an extension of the defense period is reasonable. He pointed out that the prosecution and the defense reached an agreement at the pre-trial meeting, and the evidence must be handed over to the other party five days in advance. They didn't get the evidence until the afternoon of September 27. Appraisal is a very professional issue, and experts have different opinions. Non-professionals need to consult relevant experts. It is reasonable for Li to postpone the trial.
However, the judge explained his views before reading out his opinions on arresting Li. As for the conviction and sentencing of the case, the lawyer said that it would not affect.