Original title: Really fierce bring to justice farmer of 17 years of Henan to still did not capture innocence: I did not see this individual when the accident
Occupy story of acoustical news freely. 1992, be involved in of Zhang Yuxi of farmer of county of Henan summer city dispute of affray of a neighborhood, dispute causes one person death finally. Court of people of summerly city county is maintained, zhang Yuxi's behavior already formed intended harm (deadly) blame, sentence a set term of imprisonment 11 years. Zhang Yuxi refuses to obey, put forward to appeal, court of intermediate people of business grave city sends the case court of people of Hui Xiayi county to weigh careful.
2001, incident produces a turn again, first instance of court of people of summerly city county is maintained, benefit of Zhang Sheng of hall elder brother just is prime culprit, zhang Sheng benefit is sentenced intended harm (deadly) blame. Subsequently, the Zhang Yuxi that has been detained 9 years by await trial of be bailed out, passed 17 years again, zhang Yuxi still is done not have however when " open a court session weighs careful " announcement, lie all the time in process of await trial of be bailed out, his life resembles was to be pressed " time-out bolts " . Incident truth after all how? Zhang Yuxi why to wait for echo tardy again?
Henan saves court of people of summerly city county to show to the criminal judgment of this case, on July 3, 1992 morning, zhang Yuxi of the accused person because dispute and company of this village villager Zhang Gong produces brawl and cause tussle, what then causes the many person in bilateral home to attend is noisy scold and tussle. In bilateral cuff, zhang Yuxi holds the frontal coping of Zhang Chaoming of father of company of Zhang Gong of iron forked bash, cause Zhang Chaoming to fall down at once insensible, classics rescue is invalid die.
However, after Zhang Yuxi says he begins in affray, be mauled, the dead did not see when the accident. "I did not see this individual (Zhang Chaoming) , I was mauled at that time. Their family drive out my brother-in-law (Zhang Sheng benefit, Zhang Xie) , their drive out, I cannot see. I do not know who died. I do not know who died..
After the accident the following day, zhang Yuxi is detained by criminal of public security bureau of summerly city county, 24 days are approved to arrest that month. The benefit of brother-in-law Zhang Sheng of the Zhang Yuxi that participates in affray, Zhang Xie escapes to the other place. After passing more than 4 years, zhang Yuxi just by to sue of procuratorate of Xia Yi county. Court of summerly city county made first instance adjudicate on May 19, 1997, zhang Yuxi makes intended harm (deadly) blame, sentence a set term of imprisonment 11 years.
Zhang Yuxi refuses to obey, appeal comes business grave quadrangle. Business grave quadrangle make 2 careful adjudicate, the fact that thinks original judgement maintains Zhang Yuxi to commit intended harm crime is not clear, evidence is insufficient, send court of people of Hui Xiayi county to weigh careful.
Make half month definitely in 2 adjudgement before on October 12, 1997, benefit of brother-in-law Zhang Sheng, Zhang Xie by public security bureau of summerly city county punishment arrest. This makes the transition of whole episode. July 19, 2001, court of people of summerly city county make first instance adjudicate, accessary and civil judgment shows criminal, in fistfight process, benefit of Zhang Sheng of the accused person holds the head of the father Zhang Chaoming of company of club bash Zhang Gong, send fracture of broken sex of its skull pink, classics rescue is invalid die. After Zhang Xie of the accused person holds club to maul head of Zhang Gong agency, expenses medical treatment expends 3800 yuan. Zhang Sheng benefit by with intended harm (deadly) the blame sentences a set term of imprisonment 13 years, zhang Xie by sentence a set term of imprisonment 3 years with harming a blame intentionally.
In other words, the court is maintained, cause the deadly injury that Zhang Chaoming dies finally, by Zhang Sheng benefit is caused, the Zhang Yuxi that and rather than narrates in the court decision before this.
When Zhang Xie of person of another the accused is accepting acoustical reporter of China to interview, express: Those who begin to maintain is him (Zhang Yuxi) , but actual not be him, he also is absent the spot.
On September 11, 2001, after detaining 9 years, zhang Yuxi is released by detention house of Cong Xiayi county. Release certificate to say, zhang Yuxi " await trial of classics be bailed out, give release " . But from now on later, zhang Yuxi's law case however again unmanned also make inquires.
" criminal procedural law " in regulation, "People court hears public prosecution case, ought to adjudge in less than of 2 months after accepting, at the latest must not exceed 3 months. " acting lawyer Xu Xin of Zhang Yuxi thinks when the sound that accepts China is interviewed, answer heavy careful from this case hair up to now, close already 21 years, court of people of summerly city county all the time not sessional cognizance, had exceeded careful to be restricted.
Acting lawyer Xu Xin says: Be detained the earliest from him, to now it is 26 years, from really fierce be close to 17 years by discovery, so this kind of circumstance falls, after hair of quadrangle of business grave city answers heavy careful, court of summerly city county all the time not sessional cognizance, this is very irresponsible to party. Because this case had discovered really fierce, and really fierce had sentenced, so if open a court session is tried, can adjudge Zhang Yuxi innocent. Adjudge innocent later, zhang Yuxi can apply for a country to compensate for. But the program that tries without the open a court session that start as a result of very long period of time now, according to relevant provision, (Zhang Yuxi) compensation of country of OK and immediate application.
Alleged " doubt blame from hang " , common for it is to point to be detained by national authority gear or arrest, did not sue all the time later, sentenced case. In January 2016 " procuratorate of top people court, top people compensates for statute of case comfortable use about dealing with criminal the explanation of a certain number of problems " begin to apply, clear " doubt blame from hang " case victim has authority to win national compensation.
Acting lawyer Xu Xin says: The time of await trial of be bailed out has relevant regulation, if want add to protect, want to deal with relevant formalities. Because did not deal with relevant formalities, he (Zhang Yuxi) await trial of be bailed out is to exceed badly period, that is to say he also does not lie now in some kind of coercive measures, but did not give him a view again, a kind of such case are called " doubt blame from hang " . The case of Dan Zhangyu royal seal, saying well and truly is not " doubt blame " , however " innocent " , because have other court decisions, who is deciding what intended harm causes death is really fierce after all. This case is so more accurate saying is " innocent from hang " .
Up to distribute news dispatches, court of people of summerly city county does not have pair of this matter to make a response. Make progress related incident, chinese sound will pay close attention to continuously.
Reporter: Li Hangjian, Xiao Yuan
