June 5438 +2008 10, the Investigation Bureau of Xintian County Procuratorate finally submitted the prosecution opinions to the Public Prosecution Section. Subsequently, the Xintian County Procuratorate filed a public prosecution with the court, but it was returned to the court twice for supplementary investigation. During this period, Qin Chunfa began to petition in Yongzhou, Changsha, Beijing and other places.
At the end of July 2008, the Intermediate People's Court of Yongzhou City, Hunan Province appointed the court of Jianghua Yao Autonomous County to have jurisdiction over the case, and Xintian County Procuratorate immediately transferred the case to Jianghua County Procuratorate for review and prosecution. June 65438+1October 65438+In February of that year, Jianghua County Procuratorate prosecuted the defendants Xie and Xiao Congbo on suspicion of extorting a confession by torture. Before the case was handed over, Xintian County Procuratorate decided not to prosecute Deng Caibing on the grounds that his crime was "minor".
On June165438+1October 2 1 day, 2008, Jianghua County Court held a hearing to hear the case. According to the legal person who participated in the trial, "the trial started at 3 pm and ended in a hurry before 5 pm, not to mention the lawyer's question, but the court debate was extremely brief."
On June 23, 2008, 165438+ Jianghua County Court made a judgment: "The defendants Xie and Xiao Congbo used corporal punishment to extract confessions from the suspect Qin Sanzai, which had a bad influence. Their behavior violated the provisions of Article 247 of the China People's Criminal Law and constituted the crime of extorting confessions by torture. The basic facts alleged by the public prosecution agency are clear, the basic evidence is sufficient, and the charges are established. "
However, in the judgment, Xie and Xiao Congbo were convicted of extorting a confession by torture and exempted from criminal punishment on the grounds that they surrendered themselves during their bail pending trial and assisted the public security organs in cracking major cases, arresting criminal suspects and providing clues to the public security organs.
The court found that after the incident, the defendants Xie and Xiao Congbo took the initiative to report the situation to the leaders of Xintian County Public Security Bureau, took the initiative to go to the procuratorate for investigation, and truthfully confessed their criminal facts during the investigation by Xintian County People's Procuratorate. As for the so-called meritorious service, the court quoted two explanations from Xintian County Public Security Bureau, confirming that the defendants Xie and Xiao Congbo helped to solve the case while they were on bail pending trial.
The procuratorate protested that "the sentence is extremely light"
A lawyer who knows the case in Changsha believes that the basis of the court's decision is "very absurd". Xie and Xiao Congbo are policemen. Even if they did have the meritorious service mentioned in the judgment, what they did was to perform their duties, which could not be counted as the meritorious service of the defendant. Even if they have rendered meritorious service, this situation cannot completely exempt them from punishment.
Well-known criminal defense lawyers in Hunan also believe that the defendants Xie and Xiao Congbo died because of extorting confessions by torture, and their actions have constituted the crime of extorting confessions by torture. According to the explanation of the crime of extorting a confession by torture, anyone who causes disability or death should be convicted and given a heavier punishment, and should be converted into the crime of intentional injury (causing death). Later, at the suggestion of a lawyer friend, Qin Chunfa, who petitioned in Changsha, sorted out the judgment and related materials and submitted them to the news media.
In June 2009, this news was reported by the media with the title "12 hour suspect died in the public security bureau", which attracted heated discussion among netizens. Subsequently, several TV stations also invited Qin Chunfa to make a program to present the case naked to the public.
On August 14, 2009, Yongzhou City Procuratorate held that "the facts of the judgment were unclear and the law was wrong, which led to the defendant's extremely light sentence" and lodged a protest. On September 17, 2009, Yongzhou Intermediate People's Court ruled that Jianghua County Court should form a collegiate bench for retrial. Since then, Qin Chunfa has ignited hope in his heart. He stayed at home at ease and stopped petitioning. He took good care of his son's only blood-just before Qin Sanzai's accident, his wife had just given birth to a boy. After Qin Sanzai was buried, his wife was also taken away by his family, and there was no news from then on.
20 10 65438+ 10 27, Jianghua County Court retried the case of Xie and Xiao Congbo suspected of extorting confessions by torture and incidental civil litigation.
On April 20 10, Jianghua County Court pronounced a verdict. On April 28, Qin Chunfa saw the retrial judgment in Jianghua County Court and burst into tears. He pointed to the judge who read the verdict and shouted, "Do you still have the king's law?" The judge at the scene quickly comforted him with good words and sent him away from the court.
The court mentioned in the judgment: "Although the victim Qin Sanzai was injured by the masses when resisting arrest after robbery, the direct cause of his death was sudden cardiac death caused by myocardial lesion, which was not directly caused by the two defendants extorting a confession by torture ..." In the retrial judgment, the court slightly adjusted the judgment of the original trial, and still found that the defendant in the original trial was guilty of extorting a confession by torture, but only sentenced to six months in prison and suspended for one year. Xiao Congbo upheld the original judgment and was exempted from criminal punishment. In the judgment, Jianghua County Court still recognized Xie and Xiao's surrender and some meritorious deeds.
On 201May 18, Yongzhou City Procuratorate lodged a protest with Yongzhou Intermediate People's Court, requesting the Intermediate People's Court to conduct a second trial of the case. Pan Kaihe, the former chief of the Public Prosecution Section of Jianghua County Procuratorate, also believes that if the procuratorate thinks that the judgment is wrong, it will stick to it according to the facts and evidence.