He was executed for intentional homicide and rape.
1On August 5, 1994, a woman was raped and killed in a cornfield near kong zhai Village in the western suburbs of Shijiazhuang City, Hebei Province. Subsequently, Nie Shubin, a 20-year-old young man from Xia Niezhuang Village, Luquan County, was identified as the murderer of this case of intentional homicide and rape of women.
The People's Procuratorate of Shijiazhuang City, Hebei Province prosecuted Nie Shubin for intentional homicide and rape of women. The Intermediate People's Court of Shijiazhuang City made a judgment on March 1995, and sentenced Nie Shubin to death for intentional homicide and Nie Shubin to death for rape of women, and decided to execute the death penalty. Nie Shubin refused to accept the first-instance judgment and appealed.
1On April 25th, 1995, Hebei Higher People's Court upheld Nie Shubin's conviction and sentencing for intentional homicide, revoked Nie Shubin's sentencing for rape of women, sentenced him to 15 years' imprisonment and decided to execute the death penalty. 1On April 27th, 995, Nie Shubin was executed.
be innocent
After the 10 incident, "two murderers in one case" broke out.
Nie Shubin was executed 10 years later, the case broke out. June 5438+1October 65438+August 2005, Wang Shujin, a native of Guangping County, Hebei Province, was arrested in Xingyang, Henan Province, and Wang Shujin voluntarily confessed that he was responsible for the corn field case in the western suburbs of Shijiazhuang City on June 5438+0994.
After the matter was reported by the media, it aroused social concern. 20 14, 14 On February 4th, according to the request of Hebei High Court, the Supreme People's Court ordered Shandong High Court to review. After examination, the Shandong Higher People's Court held that the original judgment lacked objective evidence to lock Nie Shubin's crime and could not rule out the possibility of others committing crimes, and suggested that the Supreme People's Court retry the case.
On June 6, 20 16, the Supreme Law decided to send it back for retrial. On June 20th, the Supreme People's Court decided that the case should be tried by the Second Circuit Court.
The Supreme Court retried and annulled the original judgment.
In view of Nie Shubin's execution, the Supreme People's Court decided not to hear the case in court, announced the cancellation of the original judgment, and declared Nie Shubin innocent.
The Supreme Law holds that this case lacks objective evidence that can lock the defendant Nie Shubin in the original trial, Nie Shubin's time of committing the crime can not be confirmed, the source of the tool for committing the crime can not be confirmed, and the time and reason of the victim's death can not be confirmed; Nie Shubin's interrogation transcripts were missing in the first five days after his arrest, and many important witnesses' interrogation transcripts were missing in the first 50 days after the incident, and important original documentary evidence attendance sheets were missing; There are doubts about the authenticity and legality of Nie Shubin's guilty confession, the authenticity and reliability of the guilty confession consistent with other evidence in the volume, and whether others commit crimes; The evidence on which the original judgment was based did not form a complete chain, which did not meet the standard of reliable and sufficient evidence, and did not meet the conviction requirements of clear basic facts and conclusive basic evidence.
It is reported that the follow-up work of state compensation, judicial assistance and accountability in this case will be initiated according to law.
Hebei High Court apologized to Nie Shubin's parents.
Yesterday, after Nie Shubin was acquitted by the Supreme People's Court, Hebei High Court said that due to unclear facts and insufficient evidence, the Supreme Court declared Nie Shubin not guilty of intentional homicide and rape. Hebei Higher People's Court resolutely obeyed and carried out the retrial judgment of the Supreme Court, and expressed sincere apologies to Nie Shubin's parents and relatives.
Hebei Higher People's Court will start the state compensation procedure in time according to Nie Shubin's parents' application for state compensation, and make a compensation decision in strict accordance with the law. The Higher People's Court of Hebei Province said that it would learn from the profound lessons of this case and investigate whether there was any illegal trial in time.
tell about
"After waiting for 2 1 year, my son was finally washed away."
In the solemn court, an old man cried because his son was flat. In the public gallery, many people are quietly wiping their tears.
"I've been waiting for this acquittal for too long. I am satisfied with the result, but my son can't come back anyway. I miss him very much. " Niemu Zhang Huanzhi said.
It is hard for others to imagine the twists and turns that the old man experienced in 2 1 year and the bitterness of hitting a wall everywhere to keep his son innocent. "I know my son didn't commit these crimes. This belief has kept me going for so many years. There were so many major questions in the original trial, and I always firmly believe that this case will be clarified, only a matter of time. " She said that the judicial system is progressing and the legal environment is improving. From the retrial of this case, she really felt the determination of the country to correct the unjust, false and wrong cases.
Li Shuting, the attorney of Zhang Huanzhi, couldn't hide his excitement: "We applied for marking many times before, but after the Supreme Court ordered us to review the case in different places, not only the previous 20 files were allowed to be consulted, but also the file 18 formed in the review stage of Shandong Higher People's Court and the file formed by the investigation and evidence collection of the Supreme People's Court retrial collegiate bench allowed us to fully consult. In this retrial process, the procuratorate and the retrial collegial panel have done a lot of solid and meticulous work. I think the final judgment gives a fair result in both procedure and entity. "
Li Shuting said that it has been 1 1 year since he accepted Zhang Huanzhi's entrustment to represent the case, but it was not until the end of 20 14 that the Supreme People's Court began to review the Nie Shubin case that he saw a smile on the face of the old man in Zhang Huanzhi. "All the twists and turns in the past have been turned over today. The judgment of this case fully shows that justice may be late, but it will never be absent. "
"In the judgment, the evidence collected and quoted in the original trial and used as the basis for finalization was carefully reviewed, reviewed one by one, and a fair judgment was made. On this basis, a series of doubts were confirmed, and Nie Shubin was acquitted in the concept of no doubt. Such a judgment reflects procedural justice. " Yang Xingquan, president of Liaoning Lawyers Association who attended the verdict, said.
After the verdict was pronounced, Hu Yunteng, the presiding judge of the retrial collegial panel, introduced to Zhang Huanzhi that according to the relevant laws and regulations, Zhang Huanzhi's family members can file state compensation with the Hebei Provincial High Court within two years, and they can also apply for legal aid to pay for the expenses of hiring lawyers. "This case is formed by history and can be changed because of the progress of national justice." He said to Zhang Huanzhi, "Life goes on. You should take care and look forward."
interpret
The full text of the judgment was published on the same day, and the judge explained the reasons for the revision in detail.
Yesterday, after the Supreme People's Court acquitted Nie Shubin, the Supreme People's Court published the verdict of the criminal retrial case for the first time on China Judgment Document Online. In the judgment, the judge analyzed in detail the nine reasons why Nie Shubin was acquitted after retrial.
Reason 1: When Nie Shubin was arrested, there was no evidence or clue pointing to his connection with Kang's murder.
According to the Supreme Law, there is no evidence and clue in the original trial file to prove that Nie Shubin is suspected of committing a crime in this case. Nie Shubin was arrested only because he was a young man suspected by the masses, not because the masses reflected that he was suspected of committing a crime in this case. Before Nie Shubin was arrested, the case-handling organ did not have any evidence and clues about his crime.
Reason 2: The lack of interrogation record seriously affects the integrity and authenticity of interrogation record in the volume.
From September 23rd 1994, when Nie Shubin was arrested, to September 28th, when the first guilty confession transcript appeared in the volume, * * * there were five days, but there were no interrogation transcripts of these five days in the original trial file. In these five days, Nie Shubin has both a guilty confession and an innocent plea. The original case-handling personnel did not give a reasonable explanation for the absence of interrogation records of these five days in the original trial file. The lack of interrogation record has seriously affected the integrity and authenticity of Nie Shubin's interrogation record.
Reason 3: The truth of Nie Shubin's guilty confession is doubtful, which does not rule out the possibility of finger confession and inducement.
According to the original trial file, from1September 28th, 1994 to1April 27th, 1995, Nie Shubin * * * had 13 confessions, and the Supreme Court held that Nie Shubin's confession of key facts was inconsistent. There have been many statements about the time of committing crimes; Nie Shubin's confession is also inconsistent with the facts and circumstances such as the motive of the crime, the age of the victim, the characteristics of the clothes he wore, etc. On the one hand, Nie Shubin has always pleaded guilty, on the other hand, he can't tell the basic criminal facts. The authenticity and reliability of the consistency of testimony are in doubt. The possibility of finger confession and induced confession is not ruled out.
Reason 4: There is no witness testimony in the original trial file to prove the situation before and after the victim was killed within 50 days after the incident.
According to the Supreme Law, the original case-handling personnel did not give a reasonable explanation for the lack of relevant witness testimony within 50 days before the incident. During the review and retrial of this case, several original case handlers were asked why there was no witness testimony for these 50 days in the original case file, and they made two explanations, but these explanations were obviously unreasonable for asking witnesses who were directly related to this case, and did not conform to the norms and practices of handling cases at that time. In the first 50 days after the incident, the testimonies of many important witnesses were all missing, and the key witness Hou Moumou later made major revisions to the testimony, which seriously affected the authenticity and probative force of the witness testimony on the file.
Reason 5: Did Nie Shubin lose important original documentary evidence during the crime?
The Supreme Law holds that there is evidence to prove that the attendance sheet does exist and has been retrieved by the public security organs. Witness Ge Moumou confirmed during the review that after Nie Shubin's accident, the case-handling organ asked him about Nie Shubin's attendance and took away the attendance sheet. He asked the case handlers to return it after use, but the case handling agency did not return it. During the retrial of this case, the original case handler also admitted that he had visited Ge Moumou in that year and saw and should have taken the attendance sheet. The time list is of great value to prove whether Nie Shubin committed a crime. The original case-handling personnel did not give a reasonable explanation for the lack of attendance sheets. The absence of the attendance sheet leads to the loss of the original documentary evidence to determine whether Nie Shubin committed a crime.
Reason 6: There are serious doubts about the time of Nie Shubin's crime, which cannot be confirmed.
According to the Supreme Law, Nie Shubin's confession cannot prove that he committed a crime on August 5, 1994. Of Nie Shubin's 13 guilty confessions, * * * has 9 confessions and the time of committing the crime. At the beginning of the case, Nie Shubin could not give a specific date of committing the crime, but after several months, he was able to make a clear and stable confession. Why did Nie Shubin go from unclear memory to clear memory without any explanation or explanation? Witness Hou's later testimony changed the last meeting time with the victim greatly, which led to serious doubts about the time of Nie Shubin's crime identified in the original trial.
Reason 7: There are serious doubts about the tools used in the original trial.
On-site investigation records show that Kang's body was wrapped in a short-sleeved flower coat around its neck, which was originally identified as Nie Shubin's intentional homicide tool. According to the Supreme Law, Nie Shubin confessed that it was unreasonable to steal a worn-out blouse for women. The origin of the flower coat is not clear. According to Nie Shubin's confession, this flowered shirt was stolen from a waste collection station in Zhang Ying village, a suburb of Shijiazhuang. After investigation, the testimony of Liang, the waste collector, was obviously inconsistent with Nie Shubin's confession, and the specific location where Nie Shubin stole the flower coat was also inconsistent. There is no evidence to prove where this floral coat came from.
Reason 8: The evidence of the victim's death time and cause is inaccurate and insufficient.
The original trial found that the victim Kang was raped and strangled by Nie Shubin at about 1994 on August 5th. According to the Supreme Law, the autopsy report did not infer the time of death of Kang. The testimony in this case cannot confirm Kang's time of death. The opinion of the Autopsy Report on Kang's death is uncertain. The Higher People's Court of Shandong Province consulted forensic experts twice, but the experts did not make a definite conclusion about Kang's death. They only thought that it was more likely to die of mechanical asphyxia or did not rule out mechanical asphyxia.
Reason 9: There are obvious defects in the original handling procedure, which affect the probative force of relevant evidence.
According to the Supreme Law, it is against the regulations to monitor residence in Nie Shubin. Nie Shubin was arrested by the case-handling organ without any criminal clues, and took residential surveillance measures against him, which violated relevant regulations. On-the-spot investigation without a license violates regulations. Witnesses were not invited to participate in the on-site investigation, and the investigation record was not signed by other personnel who participated in the inspection except the recorder, which violated the relevant regulations. The non-standard appraisal and identification leads to the obvious lack of probative force of the appraisal and identification transcripts. Text/Reporter Li Tiezhu
A Review of Nie Shubin Case
1On August 5, 1994, a woman was raped and killed in a cornfield near kong zhai Village in the western suburbs of Shijiazhuang City, Hebei Province. Nie Shubin was sentenced to death because he was found to be the murderer of this case of intentional homicide and rape of women, and was executed soon after.
● June 5438 +20051October, Wang Shujin, a native of Guangping County, Hebei Province, was arrested in Xingyang, Henan Province. Zheng, then deputy director of the Public Security Bureau of Guangping County, Handan City, Hebei Province, took police officers to Henan and escorted them back to Guangping after ten years of escape. While verifying the murder suspects one by one, Zheng learned about the Nie Shubin case.
● In 2005, Ma Yunlong, then general counsel of Henan Business Daily (Weibo), published a report entitled "Two Killings in One Case, Who is the Real Killer", which first reported the Nie Shubin case, causing great concern.
●20 14 12. After the implementation of 19, the Nie Shubin case finally ushered in substantial progress, and the Supreme People's Court ordered the Shandong Provincial High Court to review the case. The Shandong Higher People's Court suggested that the Supreme People's Court review the case of Nie Shubin.
● 2065438+On June 6, 2006, the Supreme Law decided to arraign Nie's case. On June 20th, the Second Circuit Court of the Supreme People's Court officially took over the Nie case for retrial.
● 2065438+On February 2, 2006, the Second Circuit Court of the Supreme Court of 65438+2006 made a retrial judgment, announcing the cancellation of the original judgment and the acquittal.