Legal Analysis: On March 6, 20 15, Liu Suxia of Zhoukou City, Henan Province had a fierce conflict with her neighbor Wu Moumou (a pseudonym) because of trivial matters. Liu Suxia's eyes were injured in the conflict and were identified as minor injuries by Zhoukou Eye Hospital. Wu Moumou fractured his right hand and was identified as a minor injury. However, Wu's fracture was considered as an old injury by Liu Suxia. Liu Suxia said, "I didn't hit her at all that day. After the dispute, she can still play mobile phones flexibly! " Wu's fracture was identified four times! 20 16 (the first time) On March 23rd, Zhoukou Central Hospital examined the fracture of the fifth palm of the right hand and formed callus. Shangshui County Public Security Bureau criminally detained Liu Suxia on suspicion of intentional injury. 20 16 (the second time) The examination results of Shangshui County Hospital and Shanghai Huadong Hospital (entrusted by Liu Suxia's family) showed that the fracture of the middle and lower metacarpal bone of the right hand was accompanied by callus formation. Based on this, Liu Suxia thought that Wu's fracture was an old injury, which was not recognized by Shangshui police, but there was no evidence that the injury was caused by Liu Suxia. Therefore, Liu Suxia was not arrested. 20 16 (the third time) On August 26th, Henan Provincial People's Hospital (entrusted by Shangshui County Public Security Bureau) found that the fracture of Wu's right hand was fresh. On 2016110/October10, Liu Suxia was arrested on suspicion of intentional injury. Due to the constant appeal of Liu Suxia's family, Shangshui County People's Court finally agreed to entrust the judicial expertise center to re-identify Wu's fracture. The test results of Beijing Zhengming Judicial Appraisal Center (entrusted by Shangshui County People's Court) on June 27th, 20 17 show that the fracture healing process seen by appraiser Wu Moumou on the image on June 27th, 20 16.3. 15 does not conform to the clinical healing characteristics of fresh fractures formed by trauma that day, and it should be an old fracture! 2065438+On September 28th, 2007, Shangshui County People's Court issued the Decision on Handling the Case of Withdrawal, announcing the withdrawal of the case. At this point, Liu Suxia has been wrongly locked for 26 1 day! Accompanied by a lawyer, Liu Suxia filled out an application for state compensation, and she claimed 867,570.29 yuan from Shangshui County Public Security Bureau and Shangshui County People's Procuratorate. Liu Suxia also hopes to investigate the responsibility of the case handlers according to law and let Wu Moumou and his family pay the price for false accusations. Shangshui County People's Procuratorate, which originally approved the arrest of Liu Suxia, should bear the main responsibility. At that time, Wu and his family made perjury through the hospital and forged it as a fresh fracture. Then the person directly responsible and the person in charge of the hospital will be subject to criminal punishment and may be sentenced to fixed-term imprisonment of less than three years.
Legal basis: "Provisions on Evidence" Article 27 If a party disagrees with the appraisal conclusion made by the appraisal institution entrusted by the people's court and applies for re-appraisal, the people's court shall allow: (1) The appraisal institution or appraiser does not have relevant qualifications; (2) The appraisal procedure is seriously illegal; (3) The appraisal conclusion is obviously insufficient; (4) Other circumstances that cannot be used as evidence after cross-examination. If the conclusion of defect appraisal can be solved by supplementary appraisal, re-appraisal or supplementary cross-examination, it will not be re-appraised.