On July 20 12, Shi Yong, who was only 17 years old, was accused by the police of hurting his classmates. Bao was found dead in Luohe and was immediately arrested and detained. After the legal aid lawyer intervened, he found that the evidence was obviously insufficient and insisted on defending Shi Yong's innocence. On June 29, 2020, the Shi Yong case was full of twists and turns. With the acquittal of Luoyang Intermediate People's Court, Shi Yong, who was detained for 2528 days, regained his freedom.
If it weren't for the lawyer's persistence and help, I really don't know when I can get out of the detention center. Shi Yong said that next, he will keep fit, find a job and do his best to support their miserable family.
The whole story.
After Shi Yong was killed, his relatives immediately turned to Xin 'an County Legal Aid Center for help. Cheng Xiangfeng, director of Henan Murong Law Firm, Li Xiaosui and Duan Xianhong, lawyers of Henan Changgu Law Firm, were appointed as defenders of their family of three.
Lawyers such as Cheng Xiangfeng, Li Xiaosui and Duan Xianhong participated in the trial of Shi Yong's case and insisted on defending Shi Yong's innocence.
In this regard, Cheng Xiangfeng's lawyer explained that when he first met Shi Yong in the detention center, he repeatedly asked him if he had killed anyone. Shi Yong said firmly that he didn't kill anyone.
After consulting the files submitted by the public prosecution agency and 30 confessions of Shi Yong, Cheng Xiangfeng found that his statements were repeated many times, including guilty confessions and innocent confessions and excuses. ? Shi Yong's guilty confession is inconsistent and full of loopholes. Not objective, not true, and can not be mutually confirmed with other evidence. ? Cheng Xiangfeng said.
At the same time, the file shows that the investigation organ obviously violated the law in the investigation of the case. Shi Yong was only 17 years old at the time of the crime. In the confessions of more than 30 defendants, no parents, guardians or teachers were present, which violated the procedural provisions of the public security organs in handling criminal cases? When interrogating a juvenile criminal suspect, his parents, guardians or teachers shall be notified to be present, except that it will hinder the investigation or cannot be notified? The provisions of the.
In addition, Cheng Xiangfeng said that during the investigation stage, the police used torture to extract confessions. Shi Yong also mentioned many times that the case handlers slapped him in the face, forcibly pulled his fingers in the opposite direction, and tied his hands and hung them. He felt very scared. The investigators also used the fact that their parents were detained to put pressure on them. After many inducements, Shi Yong admitted the fact of killing.
Shi Yong's whole inquiry process is not complete. The most direct objective evidence of this case has not been found. On-site investigation records, expert opinions, identification records and witness testimony can only prove that Wang Tao was killed or the items belonged to him, but can't prove that Wang Tao's victim was Shi Yong. In view of the above problems, Cheng Xiangfeng decided to defend Shi Yong until he was acquitted.
/kloc-On the afternoon of August, 2003, in front of his father Shi Donghui's grave, Shi Yong read out the acquittal of the court loudly. He told his father that he and his mother were innocent. Unfortunately, his case was terminated because of the sudden death of his father. In the final judgment, his father was not found innocent. Now, what he wants to see most is the acquittal of his father.
According to Cheng Xiangfeng's lawyer, Wang Tao's murder was a social tragedy. Without fully ascertaining the facts, the judicial department prosecuted Shi Yong for robbery and intentional homicide, which not only illegally suspended Shi Yong's normal graduation studies, but also caused him to be restricted from personal freedom for seven years, which was equivalent to creating another tragedy. But in the end, Shi Yong was acquitted and got a fair judgment, which is also the result of judicial progress and the embodiment of the spirit of rule of law.
Similarly, lawyer Li Xiaosui also believes that the judicial harm caused by such unjust cases is too costly for the parties and their families. To deprive a citizen of his freedom, there must be sufficient evidence. Without evidence or insufficient evidence, he cannot be found guilty. Rights in criminal law practice? No doubt? The implementation of the basic principles will be more conducive to maintaining judicial fairness and justice, safeguarding the legitimate rights and interests of the parties, and it is also the embodiment of judicial progress in China.
August 15, Dahe Daily? Dahe client reporter learned from Shi Yong and his mother's defense lawyers Cheng Xiangfeng and Li Xiaosui that at present, entrusted by Shi Yong and his family, they have formally filed an application for state compensation with Jianxi Court. At the same time, we will communicate with relevant departments in time for Shi Yong's other demands.