A man in Shandong was falsely accused as a murderer. /kloc-was wrongly imprisoned in 0/3 years and received 300,000 compensation.
Cui, a native of Jining, was falsely accused of "conspiracy to kill" and sentenced to life imprisonment. He spent 13 years in prison, during which he complained about injustice almost every day and firmly believed that the law could treat him fairly. After many appeals, the Shandong Higher People's Court finally acquitted him a few days ago and paid him 304,979.74 yuan in state compensation.
Get caught at someone else's wedding for no reason.
On the afternoon of June 16, the reporter went to Baiguoshu Village, Changgou Town, rencheng district City, Jining City, and met Cui. Cui and his relatives told reporters intermittently about what happened that year. 1991April 13 In the early morning, Zhai Mou, a villager from Zhaijia Village, Nanzhang Township, a suburb of Jining City, fled to the home of Zhai Moumou, the director of the village Committee, cheated Zhai Moumou out and stabbed him four times, causing Zhai Moumou to die of hemorrhagic shock. On April 23, Zhai was arrested according to law. According to Zhai Moumou's confession, he "hired" Cui, a villager from Baiguoshu Village, Changgou Town, rencheng district City, Jining City, to jointly kill Zhai Moumou. 199265438+1On October 7th, Cui was arrested according to law.
According to Cui, he knew Zhai, but he didn't do anything illegal with him, nor did he cooperate with him to kill Zhai. Cui Baocun, Cui's younger brother, said that when the public security organs came to arrest Cui, they still had a wife in the village and Cui was helping. He was told that the public security organs had come to arrest him. He thought it was a joke. He smiled and said, "I didn't break the law. Why are you arresting me? " But he was taken away under the watchful eyes of many villagers. The reporter noticed that Cui, who was sitting on the side, couldn't help shivering.
In the final trial, "accessory to murder" was sentenced to life imprisonment.
The People's Procuratorate of Jining City immediately prosecuted Zhai and Cui, and the Intermediate People's Court of Jining City heard the case. The reporter saw in criminal judgment No.62 of the Criminal Law (1992) issued by Jining Intermediate People's Court on June 1992 that the defendant Zhai Mou retaliated against others and deliberately retaliated against the village cadres. With the participation of the defendant Cui, the two defendants * *. The defendant Zhai played a major role in the murder of * * *, and pleaded guilty after being brought to justice, so he must be severely punished according to law; After the defendant Cui was hired, he actively participated in the murder in order to covet money. After being brought to justice, he pleaded guilty with a bad attitude and should be severely punished according to law.
After trial, the Intermediate People's Court of Jining City convicted Zhai of intentional homicide and sentenced him to death. Cui was convicted of intentional homicide and sentenced to life imprisonment.
After the verdict was pronounced in the first instance, Zhai appealed to the Shandong Higher People's Court on the grounds that "I only participated in the premeditation and didn't kill Zhai with a knife", and Cui appealed to the Shandong Higher People's Court on the grounds that "I didn't kill anyone, not intentionally".
After trial, the Higher People's Court of Shandong Province found that the original judgment was accurate, the sentencing was appropriate and the trial procedure was legal. Reject the appeal and uphold the original judgment. 1On June 24th, 994, Zhai was approved by Shandong Higher People's Court, and it was implemented on July 22nd of the same year.
The retrial evidence was insufficient and he was acquitted.
After the above judgment came into effect, Cui appealed to the Shandong Higher People's Court again on the grounds that he did not participate in the murder. It was not until June 65438+1October 65438+June 065438+1October 2004 that the Shandong Higher People's Court made a retrial decision. After trial by the collegial panel, it was finally concluded that "there is no evidence to prove that Cui, the defendant in the original trial, participated in the criminal act of killing Zhai Moumou by the defendant in the original trial".
The Judicial Committee of the Higher People's Court of Shandong Province held that "the evidence that Cui participated in the murder of Zhai Moumou in the original trial was insufficient, and the original trial found that Cui was convicted and sentenced improperly for intentional homicide and should be corrected." The Higher People's Court of Shandong Province ruled that Cui was not guilty.
On June 26, 2005, Shandong Canal Prison issued a release certificate to Cui, and Cui was acquitted. From 199 1 to 65438+February 29th, 2005, Cui's personal freedom was violated for a total of 4778 days.
The claim court compensated more than 300,000 yuan.
On March/4, 2005, Cui applied to the Shandong Higher People's Court for state compensation on the grounds that he was acquitted after retrial, including compensation for personal freedom restriction, living expenses of dependents, disability compensation, spiritual consolation, visiting fees, future medical expenses and disability care fees, totaling 1 136644 yuan; At the same time, it is required to publicly apologize in the relevant media and restore reputation. On June 7, 2005, the Shandong Higher People's Court issued a "(2005) Lu Fa Pei ZiNo. 1 Compensation Decision" to Cui, arguing that "the fact that Cui, the claimant of compensation, was wrongly judged and executed and his personal freedom was violated has been confirmed, and the Shandong Higher People's Court, as the final adjudication organ of wrong judgment, has the obligation to make compensation."
The Provincial Higher People's Court calculated the compensation for Cui's infringement of personal freedom for 4,778 days according to the relevant provisions of the State Compensation Law of People's Republic of China (PRC) and the average daily wage of state employees in 2004 of 63.83 yuan, and * * should pay 304,979.74 yuan, and make an apology for Cui to eliminate the influence, restore his reputation and make amends within the scope of infringement.
At present, he is a basket case.
Cui told reporters that he cried every day during his "serving his sentence", and he never admitted that he participated in the killing of Zhai Moumou during the whole trial. When Cui was arrested, his oldest child was only 6 years old and the youngest was only 1 year old. Moreover, under the pressure of family, society and public opinion, Cui's wife died of depression on 1999, leaving four children to live alone. Cui has become a cripple because he has been handcuffed and shackled for a long time. He can only sit all day, can't walk and can't do anything. His life completely needs the care of others.
Cui unjustly said that as the father of four children, the 13 years he was imprisoned was the most responsible year in his life. Because he was put in prison, the whole family was branded as relatives of the murderer for no reason. During this period, his wife died of depression, and several children could not receive the most basic compulsory education at all. The three daughters didn't even go to school for a day. 13 years of detention destroyed his family and made him a basket case.