18 years of bagnio, 14 years of appeal, huang Zhifa of 79 years old does not wish to believe from beginning to end, the judge is present the innocent court decision of read out, it is unexpectedly " false " .
"This judge is invigorative ill, we already reported a case to the security authorities. " after taking report two years, court of intermediate people of city of Jilin province white hill replies so he. After hearing answer, huang Zhifa still does not believe, "Below judgment, building gules official seal of the court. Building gules official seal of the court..
This year on Feburary 27, huang Zhifa from handle a case the mental survey report that policeman place sees this judge, when showing he sends a case in conduction Huangzhi, belong to " the mental sex barrier that waits for classification... without criminal responsibility ability " .
Before the accident, huang Zhifa is city of river of Jilin province muddy (show city of instead white hill) sewing machine of construction bank educated youth assembles plant factory manager. 1984, he is sentenced to not have because of final judgment of crime of fraud period. 2000, serve a sentence 18 years (obtain commute a sentence) hind, be released after serving a sentence.
Huang Zhifa says, he goes to after this all the time relevant section appeal. 2013, when he heads for letter of court of intermediate people of white hill city to visit, case by Zhang Shiji (alias) the judge is accepted, after a year, zhang Shiji visits personnel reception room in the letter in, give an innocent court decision he, present read out. Judgment shows, this academy thinks via examining, first trial adjudicates the guilty fact of cognizance Huang Zhifa is not clear, evidence is insufficient, reason cancel adjudicates formerly, declare Huang Zhifa is innocent.
After this, zhang Shiji needs original with dealing with a country to compensate for for, call in judgment original. On Feburary 25, 2019, new capital signs up for a reporter to see Zhang Shiji with Huang Zhifa and its family member, but when should asking about innocent court decision, he just shakes his head, say " did not remember " . Current, zhang Shiji has transferred adjudgement station.
New capital signs up for a reporter to inquire net of Chinese judge copy clerk discovers, arrive from Feburary 24, 2014 on December 22, 2015, the case that Zhang Shiji participates in shares 353, its post all shows for acting judge. "The law case of my grandfather is 2014, ancient bronze mirror decided a judge 2016 invigorative disease, how does the court prove him (judge) when the law case that is handling my grandfather only, during belonging to mental disease to break out. " Huang Zhifa's family is special indissoluble.
On Feburary 28, 2019, court of city intermediate people puts forward Xiang Baishan of reporter of new capital newspaper interview, forensic clerk says to will make reply after investigation. On March 20 afternoon, new capital signs up for a reporter to contact court of intermediate people of white hill city again, the staff member expresses, because case last a period of time is longer, and involve branch and personnel more, the court is received after covering demand, be in all the time check with all possible means, will give out recently complete answer.
▲ on Feburary 23, 2019, tang Shan, huang Zhifa lives in of short duration place, there is adjudicative stuff in the hand. New capital signs up for reporter Wang Jianing to photograph
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Heavy careful infliction is after appeal without period
On Feburary 25, 2019, the snows of both sides of road of white hill town has not melt, huang Zhifa is in the son home of hill of Heibei the Tang Dynasty to cross the Spring Festival, hurried back hurriedly after Bai Shan, receive forensic telephone call, discuss the means of settlement of his law case.
For this law case, huang Zhifa has rushed about 18 years many. 1982, huang Zhifa is muddy river city (it is Bai Shan city now) sewing machine of construction bank educated youth assembles plant factory manager, because be suspected of " bilk, corruption, bribery " 3 accusation are detained by criminal. Later, forensic first instance adjudicates, with crime of fraud 6 years, embezzle a blame 5 years, bribery blame 1 year, amalgamative finally carry out 10 years of set term of imprisonments. Huang Zhifa refuses to obey mention after appeal, jilin province connects turn an area intermediate people court (public data shows: On March 8, 1985, know the area that turn the land cent turns city of level of 3 land of city, plum bayou city, muddy river city to connect, turn an area intermediate people court by cancel, hold water change court of city intermediate people) make a ruling, requirement " cancel original judgement, send new trial " .
Weigh the result of careful, did not reduce penalty. 1983, court of people of muddy river city (public data shows: 1994, muddy river city more the name is Bai Shan city, 2010, area of 8 rivers of muddy river city more the name is muddy river area, show court of people of muddy river area, court of intermediate people of city of vest in white hill) the course weighs careful, the corruption of cancel Huang Zhifa and bribery blame, but with crime of fraud this one accusation, sentence its life imprisonment. Huang Zhifa appeals again, 1984, forensic final judgment maintains original judgement.
Adjudicate writ shows, during Huang Zhifa holds the post of a factory director, adopt " show short sale is empty " beguiling method, sign supply agreement of plywood, lumber, bicycle with 26 units early or late, cheat come order form " loan " more than yuan 65, fizzle out to bring into private pocket for the name with collection cash pledge among them more than yuan 16 thousand. Be decieved after the unit finds, recover more than yuan 8000 from inside yellow hand, recover more than yuan 340 thousand from this factory.
Forensic cognizance thinks, huang Zhifa still takes the chance that buys rice to unit worker, adopt low to buy, the instrument that sells at high price, embezzle fund of rice price difference from which more than yuan 730. Illicit money of its individual earning, buy confidential, television and life place for the most part prodigal.
"I did not admit my guilt first and last. " Huang Zhifa says. But final judgment court thinks, huang Zhifa denies partial crime fact, it is the expression that does not admit his guilt, the court does not grant to support. Huang Zhifa also holds to him from beginning to end innocent, he thinks, the court did not take out the testimony of authentic, also violated at the same time " appeal not infliction " litigant principle.
Because obtain punishment put in prison, huang Zhifa reachs 3 houses that family lives, as illegal earning, be confiscated by the court. "At that time forensic person, 1 meter many is dug below the house me deep, with respect to concern I unlawfully posses belongings in underground. " Huang Zhifa is recollected, and the wife is being taken at that time year young 3 children, live alone.
1990, huang Zhifa is during serve a sentence, court of Jilin city senior people transforms expression according to its, maintain its to have repentant show truly, obtain commute a sentence. 2000, huang Zhifa is in serve a sentence after 18 years, be released after serving a sentence.
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By the innocent judgment that the judge calls in
After be released from prison, huang Zhifa sets foot on the road of endless appeal. Right now, he already 60 years old, parents dies already, the wife leaves the remarry after different, children had gotten married severally, once house property is confiscated, educated youth factory also has been developed to build tower.
"In fact, I am in jail all the time appeal. " on Feburary 27, 2019, in the building that leases in him, huangzhi sends memory, turn over bedding and bedplate, there still is the book of a lot of statute that after he is released from prison, buys inside, procedural law of such as criminal law, criminal, constitution. He went to white hill city intermediate people court, jilin saves senior people court, it is top magic art even, but appeal was not accepted from beginning to end.
2013, incident occurrence a favourable turn. According to Introduction Huang Zhifa, head for white hill city again when him when letter of intermediate people court is visited, because was not accepted, he finds a deanery directly, decanal phone called up a judge after, collect his appeal data.
This is Huang Zhifa sees Zhang Shiji for the first time. Huang Zhifa says, zhang Shiji is wearing glasses, thin and tall, humanness courtesy is genial.
After this, huang Zhifa begins to contact Zhang Shiji often, every other can go a few days court time, enquire the case makes progress. July 2014, when he heads for a court again, zhang Shiji visits personnel reception room in the letter in, give an innocent court decision he, and on the spot read out.
Writ of this court decision has one page paper only, indicate (2014) word of inspect of Bai Shan punishment the 4th, this academy thinks via examining, first trial adjudicates the guilty fact of cognizance Huang Zhifa is not clear, evidence is insufficient, reason cancel adjudicates formerly, declare Huang Zhifa is innocent. Language minor details did not draw up judge full name, only date is on June 20, 2014, build have " court of intermediate people of city of Jilin province white hill " official seal.
Take the first job of innocent court decision, huang Zhifa is taking judgment original, toward Bai Shan city public security bureau builds division of police station census register before, change new registered permanent residence this. Huang Zhifa introduces, his former registered permanent residence this getting on, write have " princess mountain (jail) be released after serving a sentence personnel " model of written characters. But this year on Feburary 27, before new capital signs up for a reporter, go to when building division of police station census register to enquire, policeman introduction, in active census register system, the criminal record of personnel of serve a sentence can not show go up originally in registered permanent residence.
After innocent court decision, huang Zhifa begins to apply for a country to compensate for, but the thing begins occurrence abnormality however.
After Huang Zhifa refers a country to compensate for application, zhang Shiji needs original with applying for a country to compensate for for, call in the original of judgment. Huang Zhifa says, because hand in the Zhang Shiji when material to did not issue any formalities at that time, ask to fall repeatedly in him later, in October 2014, he wrote a piece of receipt, hand in sign by him Zhang Shiji.
National compensation, did not allot tardy.
Huangzhi sends offerred data to show, on August 28, 2014, zhang Shiji gives him subpoena of a piece of court, indication record date (2014) Bai Shan sends compensate word the 66th, subpoena Huang Zhifa should reach a court in the morning on September 17, 2014, brief of a case is " the country is compensated for " , subpoena main content is " evidence exchanges time " .
In those days on September 17, he heads for a court on schedule, talk about compensatory problem with Zhang Shiji, "The indemnity a total that Zhang Shiji raises at that time more than yuan 490 thousand, and issue compensatory detail. I do not agree at that time, I ask to provide compensation by the country. The result that both sides decides later is compensation 1.6 million. The result that both sides decides later is compensation 1.6 million..
More of odd is, on December 22, 2015, after compensating for amount certainly, huang Zhifa went to a bank doing a piece of new bank to get stuck. After Zhang Shiji takes away a bank to get stuck, express 800 thousand had collected card first inside.
"I waited one day in the bank, but did not inform to Zhang all the time inside card. " Huang Zhifa is recollected, he looks for Zhang Shiji after a few days again, the other side gave him the photocopy of proof of a piece of remittance, "Say the paragraph had been collected at that time, next by purloin. Had reported a case to the security authorities to public security. But I go again when inquiry of public security bureau, the policeman says to do not have this law case at all, at the same time bank inquiry also does not have any running water information. At the same time bank inquiry also does not have any running water information..
After this, huang Zhifa says, at the beginning of 2016, he looks for Zhang Shiji again, had not contacted.
▲ 1983, huang Zhifa because blame of bilk, corruption, bribery, the life imprisonment that be sentenced, appeal still maintains original judgement after. After this party holds to appeal, on June 20, 2014, by acquittal. New capital signs up for reporter Wang Jianing to photograph
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Of intermediate court " mental disease " judge
It is likewise in this time, on January 7, 2016, court of intermediate people of white hill city gives his answer to say, discover Judge Zhang Shiji contracts invigorative disease, all judicatory document that he makes are invalid, mechanism of the public security after reporting a case to the security authorities takes Zhang Shiji to undertake appraisal affirm to the hospital, remove lawfully after case.
The appraisal that Jilin saves hospital of nerve mental disease to was issued on March 18, 2016 shows, huang Zhiji suffers from " the mental sex barrier that waits for classification " . On Feburary 15, 2019, new capital signs up for reporter phone to contact Jilin to visit hospital of nerve mental disease, put forward to interview a request, up to distribute news dispatches have not get a response.
To make up for Huang Zhifa, the court puts forward to give 30 thousand yuan judicatory minister, deal with for him at the same time low protect door. "It is really difficult that I live at that time, also closed. " but Huang Zhifa does not wish to believe from beginning to end, zhang Shiji contracts invigorative disease really.
This year in Feburary, family puts forward to the court, should see again see him Zhang Shiji. On Feburary 25 afternoon 4:30, the court comes off work time, new capital signs up for a reporter to accompany person of Home Huang Zhifa, it is at the door court of intermediate people of white hill city, see Zhang Shiji.
Outside the court, zhang Shiji is wearing blue eider down to take, wearing glasses, thin and tall. In the talk of half many hour, his coat clothing chain plays an in part, the wind outside the court is bigger and bigger, his movements did not change however, just back down ceaselessly in the family member's inquiry, floating from beginning to end in the eye red.
When the question that when Huang Zhifa the family member asks to his concerned Huangzhi sends a case, zhang Shiji answers clarity. He expresses, what Huang Zhifa's case goes at that time is the letter seeks an order, did not pass program of put on record, the time limit that has exceeded appeal put on record actually, also do not belong to their letter to visit reception branch to try at the same time. "And I am moved at that time when coiling, 8 records remain 1 only, still not be the first. As to the court is found later, I did not know. " occupy court of intermediate people of white hill city additionally to introduce, current, huangzhi sends the dossier that the case arranges to have 12, did not put in missing circumstance.
But when the innocent court decision that should ask he once was issued, zhang Shiji just shakes his head however, "I did not remember. " he introduces to the family member, oneself are taken at that time after public security bureau, be taken to go to mental hospital to check, be broken up for spirit by appraisal, be in hospital is close a year of time, eat everyday stable kind medicaments, "Eat medicine to sleep namely everyday, a lot of things had not remembered. A lot of things had not remembered..
Current, the court has transferred Zhang Shiji adjudgement station. He expresses, instead of the member that oneself are tried by former assistant is common a member of an administrative section, be in charge of keeping data in integrated branch, write an announcement, once handled all cases that pass, had handed in handle by other. "Even if now, my illness also is stand or fall, need takes medicine, also need to go to a hospital checking regularly. Also need to go to a hospital checking regularly..
By this year Feburary, the reporter inquires net of official of court of intermediate people of white hill city, judge directory shows, zhang Shiji is civil trial a member of an administrative section of the 2nd front courtyard, assistant judge. After the reporter puts forward to cover demand, this year March, directory of this court judge has done not have Zhang Shiji's name. And according to its official net another page shows, zhang Shiji's post shows manage office judge assistant for adjudgement, newer date is on November 14, 2018.
That day, when asking Huangzhi sends an old person, zhang Shiji still stays have impression. "Of big winter, he comes early greatly everyday the move such as forensic doorway, I still had given him money under the counter. " " why should give him money? " face question, zhang Shiji replies, "Because see an old person have pity on, say to do not have a place to live again, fast spent the New Year. Fast spent the New Year..
In fact, handling a case in policeman and the description that Huangzhi sends him, zhang Shiji has for many times truly give party money under the counter. Huangzhi sends memory, "When dealing with a country to compensate for at that time, he lets me go Changchun, look for Jilin to save tall courtyard a judge, but waited for discovery two days to do not have this individual at all, he hit 3000 yuan to my Carrie, regard me as cost of the way home. Also had given a few times under the counter before, gave in all 10 thousand 1000 yuan 2. Gave in all 10 thousand 1000 yuan 2..
Chat the process restricts half hour, zhang Shiji classeses are over with receiving a daughter for, face about leaves, huangzhi sends a family member to ask him finally, "That at that time lord child is the country of application compensated for? Where is this money? Be by pocket? " right now Zhang Shiji had walked along a few meters far, he has turned round to come, "There is not money at that time, a minute of money also is done not have. A minute of money also is done not have..
The adjudicative material of ▲ Huang Zhifa. New capital signs up for reporter Wang Jianing to photograph
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Participate in conduction case more than cases 300
Take this innocent court decision from 2014, to 2016 the court informs Zhang Shiji to contract invigorative disease, huang Zhifa did not believe, also insist to appeal for help, family is his law case, had changed early or late 2 lawyers. In Feburary 2019, they head for Beijing again, find new acting lawyer Yin Fujiang, return Bai Shan together, the hope can be found settle way.
On Feburary 25 morning, inside the guesthouse around court of intermediate people of white hill city, the court shows law court of put on record Li Nan of deputy presiding judge of the 2nd front courtyard introduces to Huang Zhifa and its family, as compensation, the court is willing to give judicatory minister, deal with cheap to hire a room to wait for its. Dan Linan expresses, this innocent court decision, it is what Zhang Shiji does during mental disease breaks out really, it is false. Also report a case to the security authorities to public security bureau of white hill city at that time processing, but the court does not have this spirit survey report, can inquire in order to head for door of the Ministry of Public Security.
"Where is this official seal? Be also false? " person of Home Huang Zhifa enquires. Li Nan replies, "Official seal is true. Be in charge of loosely at that time, gave Zhang Shiji namely this after the event, in the courtyard strict now official seal uses a system, must get a dean to sign to just can build official seal. Must get a dean to sign to just can build official seal..
Have ill case to affirm Zhang Shiji, on Feburary 26, new capital signs up for a reporter to accompany Huang Zhifa and its family, handle a case in what public security bureau of white hill city sees this table police officer of personnel high mountain, introduce according to its, the first day when new year's day worked after holiday 2016, court of intermediate people of white hill city comes public security reports a case to the security authorities, say Judge Zhang Shiji is suspected of falsifying judicatory document, already escaped now, hind police with " forge writ blame " undertake put on record is investigated.
"Most begin a court discovery is unusual, it is a house property kind case, first trial is at that time sentence the house, when 2 careful, zhang Shiji sentences the house another again, hind when another asks for house property, the court just discovers, have a such court decisions unexpectedly, did not pass normal judicatory program at all. " high mountain the police officer expresses, right now Zhang Shiji has not been contacted, the court opens its cabinet, all court decisions writ is examined in turn, discovery has case of rise from all directions to belong to among them violate compasses operation, report for duty case of this rise from all directions police, the case that includes Huang Zhifa among them inside.
"At first we think Zhang Shiji is to receive benefit, privately issued adjudicative document, so put on record is investigated. " high mountain police officer introduction, but one week later, a criminal give himself up to the police of Judge Zhang Shiji confesses his crime, because its family member mirrors him,spirit exists unusual. On March 18, 2016, police entrusts Jilin to save hospital of nerve mental disease to have identification. Appraisal opinion shows, when Zhang Shiji is handling case of this rise from all directions, belong to " the mental sex barrier that waits for classification... without criminal responsibility ability " . Police is done accordingly after remove case processing.
On Feburary 27, below the family member's requirement, high mountain police officer the dossier data that issues a case. The survey report of courtyard of its doctor of traditional Chinese medicine shows, zhang Shiji is especially on Huang Zhifa's case, as a common judge, oneself are not already advocate careful judge, did not pass legal process again, make innocent court decision to the party that has been released after serving a sentence, make 1.6 million yuan country compensate for acceptance to party, the castigatory oversight that is gotten possibly to the consequence of oneself behavior by appraiser perhaps does not foreknow, this specification already was damaged badly by the cognitive function of appraiser, identify to oneself behavior materiality ability is lost. The place on put together is narrated, diagnose the mental sex barrier to wait for classification. Suffer its to affect, in fabricating process of legal copy clerk, to oneself behavior materiality identifies ability is lost, reason does not have criminal responsibility ability.
The basis handles a case the policeman's description, zhang Shiji this year 39 years old, be graduation of faculty of auspicious old law, study ability is strong, but bear force is particularly poor, he is in charge of whole letter visitting 2 front courtyard at that time, all appealing for help the case is in his hand, portfolio is large, "What does the leader send, what does he do, also do not know to refuse, do not bear pressure. " " who does he see have pity on namely at that time, issue report. Issue report..
"Zhang Shiji is in 2014 around, participate in conduction case to have hundreds of cases, during when how proving he is handling case of this rise from all directions only is mental disease being belonged to to break out? " the family member enquires Huang Zhifa. High mountain the police officer answers him, "The court reports a case to the security authorities with respect to case of rise from all directions, so we have identification to case of this rise from all directions only, other we are not clear. Other we are not clear..
The reporter inquires net of Chinese judge copy clerk, search keyword discovery, arrive from January 5, 2013 on December 22, 2015, the case that Zhang Shiji participates in has 355, eliminate showed on January 5, 2013 is acting clerk, what showed on November 2, 2013 is clerk, the others 353 cases, its post all shows for acting judge.
"The law case of my grandfather is 2014, when how the court proves he is handling the law case of my grandfather only, during belonging to mental disease to break out? " Huang Zhifa's family challenges.
On Feburary 28, 2019, court of city intermediate people puts forward Xiang Baishan of reporter of new capital newspaper interview, forensic clerk says to will make reply after investigation. On March 20 afternoon, new capital signs up for a reporter to contact court of intermediate people of white hill city again, the staff member expresses, because case last a period of time is longer, and involve branch and personnel more, the court is received after covering demand, be in all the time check with all possible means, will give out recently complete answer.
