Complainant Zeng Moumou, born in 1953 12 17, Han nationality, Chinese herbal medicine doctor; Telephone 18373×× 1698.
Complainant's appeal against criminal judgment (Lianyuan People's Court of Hunan Province (2000) No.49).
Facts and reasons:
1. The complainant's complaint complies with Item (2) of Article 242nd of the Criminal Procedure Law of People's Republic of China (PRC), and the evidence on which the conviction and sentencing are based is not true and sufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;
The verdict stated, "It was found through trial that, first, rape. 1July 28, 999 ... The next morning, Xiao wanted to go home, and the defendant Zeng refused to allow Xiao to go home, ... forcing him to have sex with Xiao. " According to the verdict, the people's procuratorate accused Xiao Moumou of trying to escape after committing rape the next morning (July 29).
There is no conclusive evidence here.
1On the morning of August 3, 999, Xiao Moumou reported to the police station (page 20 of Public Security Volume II 17 to 18). Xiao Moumou said that he came to Zeng's home on July 28. I stayed for four days and didn't go home until the afternoon of July 3 1. There are also 8 lines on page 2 1 of the second volume of the public security volume. Xiao Moumou stated, "The night of July 28 was adultery; On page 2 1 line 17, Xiao stated that "the night of July 29th was adultery; On page 22 12, Xiao stated that he committed adultery on the evening of July 30. It proves that the so-called rape is out of nothing, and the procuratorate accused that "Xiao Moumou struggled to escape after the rape case on July 29" was even more out of nothing.
On page 46 of the court volume, the witness Long Juvenile (Xiao's husband's younger brother) said that one should speak with one's conscience. They committed adultery, not rape. We once heard that Xiao and her Di Qing divorced. He proved that Xiao is an open-minded woman and her husband can't control her.
The judgment found through trial that the plaintiff "forcibly insulted women. The defendant Zeng Moumou and the victim Xiao Moumou had sex many times. ..... The defendant ... took some nude photos of Xiao Moumou. 1 August, 9991Sunday evening, the defendant Zeng Moumou showed Xiao Yonghua and other villagers nude photos and spread slanderous remarks about Xiao Moumou in Jianxin Village, Hetang Town, Lianyuan City. "
Taking nude photos is Xiao's voluntary artistic photo. The evidence is in the first volume of the court of first instance, page 77: Xiao wrote on1July 5, 999: "If Li Diqing (her husband) and the people's court come to the bottom (make trouble), all responsibilities will be borne by Xiao Moumou himself." On pages 80, 8 1 of the first volume of the court of first instance, there is a natural smile of Xiao Moumou naked. On lines 3 to 6 of page 1 1 of Public Security Volume II, Xiao admitted to staying until1July, etc. , and took two nude photos to take away; Xiao took nude photos to show her determination to marry the complainant, agreed to take nude photos as an artistic memorial, and promised to bear legal responsibility if she broke her promise, as evidenced by written evidence. The verdict says that "binding" and "coercion" are not supported by evidence. According to the verdict, the complainant showed nude photos to Xiao Yonghua and others, and Xiao Yonghua was the only one among the five witnesses in the case file who testified that he saw the nude photos of Xiao. He said that he had seen nude photos with him, but Xiao's uncle and cousin's testimony said that he had never seen nude photos (page 49 of the second volume of Public Security), which proved that Xiao Yonghua's testimony was perjury. The crime of forcibly insulting women has no factual basis.
The complainant and Xiao have been living together since April 1998. At first, this was because the complainant was treating her husband. The distance between the complainant's family and Xiao's family is more than15km. Sometimes she lives in her home and has sex many times. So is her husband. On pages 47 and 50 of the first volume of the court, Long Juvenile and Peng Juqing proved that the complainant slept in their bed with Xiao Moumou at night and her husband slept in the cool bed in the living room.
199865438+February, Xiao moumou stole the complainant's 5000 yuan. After the complainant found out, he admitted and wrote an iou (the evidence is on page 52 of Public Security Volume II). Therefore, the complainant proposed to break up with Xiao Moumou. The evidence is in the sixth line of page 59 of Public Security Volume II. Xiao's mother, Li Chang 'e, said: "In the first month of this year 1999, my daughter Xiao went back to her parents' house. I saw her eyes protruding and her face was very bad. I asked her why, and she said that she had broken up with her. " On pages 24-26 of another evidence review volume, Dr. Peng Qianxian from Huazhong Village Group of Shi Yang Town proved that he rescued Xiao Moumou in the complainant's house in the first month of the lunar calendar 1999, proving that his neck had rope strangulation (hanging) marks.
Three months later, Xiao Moumou came to the complainant's house to live and stay. On May 1999, Xiao wrote "Dear bosom friend, I can't live without you, my dream has come true, and I can't break up with you" in the complainant's notebook ... * * * Five articles (the evidence is on pages 75 and 76 of the court).
This case is completely false, because Xiao spent more than 20,000 yuan on the plaintiff, especially 1999, and Xiao borrowed 8,000 yuan from the plaintiff, falsely accusing the plaintiff of raping and insulting women because he didn't want to pay back the money.
Two, the complainant's complaint is in line with the "People's Republic of China (PRC) Criminal Procedure Law" Article 242nd (4) "in violation of legal proceedings, which may affect a fair trial;
1. According to the litigation procedure, it should be to report the case, file a case and investigate ..., but this case is to investigate and collect evidence first, and then the police instructed Xiao Moumou to report the case. (The evidence is in Public Security Volume II 12, page 33.
2. Volume II of Public Security (53 pages) proves that the complainant was detained on August 6th, 1999, and Volume I of Public Security (13 pages) proves that the complainant was detained on August 3rd. Unlawful detention of the complainant for seven days before detention.
3. Before being detained, the complainant was interrogated four times on August 6, 7, 8 and 1 1 to extract confessions by torture. On the evening of 7 August, police investigator Liu broke the complainant's two ribs. (The evidence is Ouyang Cheng, president of Hetang Town Central Health Center on page 65 of the court; On page 67 of the same volume, I photographed Dr. Mao's certificate)
In order to cover up the truth of extorting a confession by torture, investigator Liu forged an X-ray report. "No.1 chest radiograph is dated1August 2, 999 and signed on August 9. It is impossible to see the photo of 12 on August 9 (page 68 of Public Security Volume II), so it is an obvious crime of perjury. Let's look at the same film 1 released on August 6, 999 (Public Security Volume II, page 67). The doctor is too timid to sign. The purpose of Liu's falsification is to prove that the complainant's two ribs were not broken by him, but by Xiao's family during the scuffle. Police interrogation record (page 4, 2 am on August 7th):
Q: Where are you hurt now?
A: Nothing serious, just physical pain (muscle pain) and no bone injury.
Prove that two broken ribs were interrupted by torture.
4. On pages 3 1 and 32 of the court retrial file, witnesses Yang Esheng (the complainant's half-sister), Liu Fue (the complainant's cousin) and Liu Jusheng (the complainant's first-instance defender) proved that the complainant called his family to ask his lawyer to appeal, but the court lied that the complainant would not appeal. In essence, the appeal is not allowed, depriving the complainant of the right to appeal.
5. In the letter written by the complainant to Xiao Moumou, the police extracted 34 pages (page 33 of Public Security Volume II), and only 6 pages were in the court volume. The part that is beneficial to the complainant is hidden or destroyed by the police or the court.
Thirdly, after the retrial was ordered, the complainant's complaint was rejected. Obviously, he knew it was a wrong case and a false case, but he refused to admit his mistake and correct it.
On May 18, 2006, the complainant appealed to the court of first instance, and on September 18, Lianyuan Court dismissed the appeal with Notice of Rejection (2006) No.02. The complainant continued to appeal. On October 29th, 2007/KLOC-0, Loudi Intermediate People's Court (2006) No.256 Notice of Responding to the Appeal stated that the appeal was reasonable, and ordered Lianyuan Court to retry, and issued a retrial decision (2006) No.256-1. Lianyuan people's court (2007) No.01criminal ruling "dismissed the appeal of the defendant Zeng in the original trial". After the appeal, Loudi Intermediate People's Court rejected the appeal and upheld the original judgment. On May 30th, 2008, Loudi Intermediate People's Court filed a case against the complainant again. 1 1 On May 4th, Loudi Intermediate People's Court of Hunan Province made a retrial decision (2008) No.74, and decided to have it retried by our court. In 20081February 15 (2008), the fourth sentence of heavy building was ruled again to reject the appeal. On April 20 10, the complainant submitted a complaint and five court files to the working group on law-related issues of Hunan Provincial Political and Legal Committee. In June, 2065438+00, the Political and Legal Committee informed the complainant that the complaint was reasonable, so it was supervised. Go directly to the provincial high court for trial. After eight months' delay, the Provincial High Court rejected the appeal with (20 10) Xiang Gao Fa Jian Zi No.0020, and on September 2 1 1, the Supreme Court accepted the complainant's appeal. On September 2 1 day, when the complainant appealed to the Supreme Court again on 20 12, his visit was cut off by the Beijing Working Group of Hunan Higher People's Court, and my right to appeal was illegally "terminated". But the citizen's right of appeal is inalienable, so he appealed to the Supreme People's Court again.
I am here to convey
the Supreme People's Court
Complainant Zeng moumou
June 2065438 +0x, June 265438 +0.