What happened to the woman being locked up for 26 1 day by mistake? What's the problem? The law is just, and it will not spare any bad person, nor will it wronged any good person! However, recently, a woman was wrongly locked up for 26 1 day! Seeing this news is as shocking as Bian Xiao. Let's take a look at the specific situation!
What's wrong with the woman being held for 26 1 day?
165438+1On October 22nd, Liu Suxia, who runs a grocery store in Shangshui County, Zhoukou City, Henan Province, accompanied by a lawyer, filled out an application for state compensation, claiming 867,570.29 yuan from Shangshui County Public Security Bureau and Shangshui County People's Procuratorate.
On March 16 and 15, Liu Suxia had a conflict with her neighbor Wu Moumou (a pseudonym) because of trivial matters, and later Wu Moumou accused Liu Suxia of causing personal injury on the grounds of his past fracture. From August 2065438 to August 2006 15, the Shangshui County Public Security Bureau and the Shangshui County People's Procuratorate successively made decisions on detention and arrest of Liu Suxia. 2065438+On September 28th, 2007, Shangshui County Court officially issued the Decision on Handling Withdrawal of the Complaint, and before that, she had been wrongly detained for 26 1 day.
165438+1October 28th, Liu Suxia told the reporter that in addition to applying for state compensation, she also hoped to investigate the responsibility of the case handlers according to law, so that Wu Moumou and his family could pay the price for the false accusation.
Why is it wrong?
Liu Suxia, an individual industrial and commercial household in Shangshui County, Zhoukou City, opened a grocery store dealing in tobacco, alcohol and non-staple food. According to her introduction, she has a long-term contradiction with Wu Moumou, a neighbor who runs a restaurant. March 20 16 15, two families had a fierce conflict because of trivial matters. After mediation by the police, the last two families went to Zhoukou Eye Hospital and Zhoukou Central Hospital for medical treatment and injury identification. Liu Suxia's eyes were injured in the conflict and were identified as minor injuries by Zhoukou Eye Hospital. On April 6, 20 16, when Liu Suxia went to the police station to inquire about the progress of the relevant case, she was told that "Wu Moumou had a broken right hand and was identified as a minor injury." On August 5, 20 16, Shangshui County Public Security Bureau detained Liu Suxia on suspicion of intentional injury, and released him on bail on August 30.
"I protested to the police at that time, because I heard that Wu broke his hand riding an electric car during the New Year. Her broken hand should be an old injury, not to mention that I didn't hit her at all that day. After the dispute, she can still play mobile phones flexibly! " Liu Suxia believes that Wu Moumou colluded with people in the hospital to commit perjury and framed her with old injuries disguised as new injuries. Therefore, she entrusted her family to Wu Mou's Zhoukou Central Hospital to retrieve the medical image data taken by Wu Mou that day, and went to Shangshui County Hospital and Shanghai Huadong Hospital for identification in late August of 20 16. Both diagnosis opinions indicate that "the middle and distal fracture of the fifth metacarpal bone of the right hand leads to callus formation". Based on this, Liu Suxia believes that Wu's fracture is an old injury, but the Shangshui police will not recognize it.
Prior to this, Shangshui County Public Security Bureau entrusted the forensic doctors of Shangshui County and Zhoukou City Public Security Bureau to identify the injury of Wu fracture. Although the results of the two forensic examinations confirmed that Wu's hand injury existed objectively, it did not show that the injury was caused by Liu Suxia. Therefore, on August 30, 20 16, the people's procuratorate of Shangshui County refused to approve the arrest of Liu Suxia, a public security bureau, and issued the Supplementary Investigation Outline for Cases of Not Approving Arrest.
The Houshangshui County Public Security Bureau entrusted the imaging experts of Henan Provincial People's Hospital to identify this, and the experts finally determined that Wu's right hand fracture was a fresh fracture. With the approval of the People's Procuratorate of Shangshui County on October 20 1 10, the Shangshui County Public Security Bureau arrested Liu Suxia on suspicion of intentional injury on October 20 165438 10.
During the trial of this case, 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. On June 27th, 20 17, Beijing Judicial Appraisal Center issued an appraisal opinion: "The fracture healing process seen by appraiser Wu Moumou in the image of 20 16.3. 15 does not conform to the clinical healing characteristics of fresh fractures formed by trauma that day, and should be an old fracture". On July 14, Shangshui County People's Court made a decision on Liu Suxia's bail pending trial. On the same day, Liu Suxia was released home. On September 28, Shangshui County People's Court issued a decision to withdraw the lawsuit and announced the withdrawal of the lawsuit.
"I originally opened a small shop at the gate of the county station, selling tobacco, alcohol and non-staple food. It has been open for 18 years. I usually take care of it alone. This time, I was suddenly caught and locked up for almost 9 months. My husband works in Guangzhou all the year round, and my shop is left unattended. If I can't open it now, I can only transfer it to others, causing great losses to me. " Liu Suxia told the reporter of Modern Express that she was wrongly detained for 26 1 day (15 days of criminal detention and 258 days of arrest and imprisonment) and165438+1October 22, and accompanied by a lawyer, she filled out an application for state compensation and sent it to the procuratorate of Shangshui County People's Procuratorate and Shangshui respectively. Liu Suxia requested the Shangshui County Public Security Bureau to compensate 3,883.35 yuan (15 days *258.89 yuan), 65,438 yuan for spiritual comfort+0.5 million yuan, and 250,000 yuan for property losses; Request Shangshui County Procuratorate to pay compensation of 63,686.94 yuan (246 days *258.89 yuan), spiritual consolation of 65,438 yuan+0.5 million yuan, and property loss of 250,000 yuan. The total compensation is 867,570.29 yuan. Liu Suxia also asked the two organs to eliminate the influence, restore her reputation and apologize for her.
Liu Suxia said that in addition to applying for state compensation, she 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. During the interview, the reporter repeatedly called the Shangshui County People's Procuratorate to accuse the Complaints Procuratorate and the Public Security Legal Department of the Public Security Bureau, but no one answered.
165438+1On October 28th, Peng, a lawyer of Jiangsu Nuofa Law Firm, said in an interview that in the case of Liu Suxia, the Shangshui County Public Security Bureau and Shangshui County People's Procuratorate were mainly responsible for collecting evidence to identify whether Wu's fracture was fresh or old before prosecution. Since the court finally determined that Wu's fracture was an old fracture and the procuratorate also withdrew the lawsuit, the Shangshui County People's Procuratorate, which originally approved the arrest of Liu Suxia, must bear the main responsibility. "Liu Suxia's state compensation is very promising."
Peng said that in this case, Wu Moumou and his family may be suspected of falsely accusing and framing, and Liu Suxia can take legal procedures to safeguard her rights and interests. In addition, if Wu and his family did commit perjury through the hospital at that time, forging that it was a fresh fracture, then the person directly responsible and the person in charge of the hospital will be criminally punished and may be sentenced to fixed-term imprisonment of not more than three years.
The law is fair, and it will not spare any bad person, nor will it wronged any good person. This sentence is right at first, but in fact sometimes the law is blinded by some superficial evidence. This kind of thing is not uncommon in China. This is just locked by mistake for 26 1 day. Many people have been wrongly convicted as murderers for more than ten or twenty years, and some have been directly executed. Most of them were wronged in the end. I don't know what you think about misjudgment and compensation. Welcome everyone to leave a message and discuss it together!