After being chased by the elderly, the other party was injured and killed. The prosecution was not prosecuted with "insufficient evidence" for 2 years.

↑ The park where the incident is located, the elderly hit the ground when the elderly fell to the ground

Red Star News reporter ｜ Wang Jianqiang intern Li Longliang

Edit ｜ Yu Dongmei Wang He

Five years after the incident, Wu Weikang, a man in Suzhou, Jiangsu received the "No Prosecution Decision" by the prosecution.

At the beginning of 2017, Wu Weikang saw an old man Chen quarrel with another morning exercise in a park in a park near his community. The enthusiastic Wu Weikang stepped forward and persuaded, but he formed a "beam" with the old man. Since then, the two have argued in the park many times.

On May 26, 2017, the two quarreled again in the park. When Wu Weikang was chased by the old man, he avoided the fitness equipment. After being caught up, the two pushed each other and fell to the ground together. The old man's waist and back were injured. After being taken to the hospital for 19 days, the elderly died.

Subsequently, Wu Weikang was detained for suspected intentional injury. In May 2019, Wu Weikang was sentenced to 2 years in the first trial of "crime of death". After the case was returned by the second instance court, in April 2021, the public prosecution agency against Wu Weikang withdrew the prosecution on the grounds of "new evidence".

In July 2022, the Public Prosecutor's Organized Organization's "Not Prosecution Decision" pointed out that in response to the cause of the death of the deceased, there were two different identification opinions in the evidence of the case. The proportion of medical fault on the result of Chen's death cannot be ruled out that Wu Weikang's negligence behavior is blocked by the above factors.

Although he was not prosecuted, Wu Weikang still hoped that the judicial organs could further restore the truth and give him a clearer explanation to him and the family members of the deceased.

↑ The party Wu Weikang

1

After the dispute with the old man in the sixties, he was chased after the dispute

The man was injured and died after the man returned his hand

At 5 am on May 26, 2017, Wu Weikang came to the morning exercise of the park near the community as usual. Not far away, Chen, 63, Chen. Wu Weikang told the Red Star reporter that at the time, Chen looked at him with a provocative look, so he stepped forward to ask Chen.

According to the case information, the prosecutor was reviewed. At that time, after Wu Weikang saw Chen, he stepped forward and questioned. Chen was angry and began to chase Wu Weikang.

The contradiction between Wu Weikang and the elderly originated from an persuasion a few months ago. The prosecutor pointed out that in early 2017, when Wu Weikang was exercised in the park in the park, he saw Chen quarrel with another woman and stepped forward to discourage it; but Wu Weikang and Chen did not conflict at that time.

Since then, Wu Weikang and Chen have repeatedly occurred in the park and arguments in the park. On May 25, 2017, a fierce quarrel occurred after the two met in the park. At that time, Wu Weikang said that after "don't want to see Chen again", the two left each.

The case information clarified the complete passage of the crime: After Wu Weikang stepped forward to the theory with Chen, Chen grabbed Wu Weikang's clothes and hit Wu Weikang in one hand; after Wu Weikang broke away, he escaped the chase around fitness equipment and shouted " You test it for me. "" You do it again, I will return it "and other words.

After Chen caught up with Wu Weikang, he grabbed Wu Weikang with one hand and hit it with one hand; Wu Weikang grabbed Chen in one hand and pushed it with one hand. The two fell together in the push and tearing, and Chen's waist and back hit the ground on the ground and were injured.

After falling to the ground, Chen still grabbed Wu Weikang's clothes; Wu Weikang hit Chen's head and face with his fist, and opened Chen's fingers to get rid of it. After the two sides stood up, Chen took out the tool from his electric bicycle. Wu Weikang ran home to call the police. Chen also chose to call the police.

Subsequently, Chen was hospitalized for treatment. 19 days later, Chen died after healing.

2

Due to "crime of death to death"

The man was sentenced to 2 years in the first trial

Shortly after the incident, Wu Weikang was detained for suspected intentional injury. In the allegations of the public prosecution agency, the public prosecution agency believes that Wu Weikang's criminal responsibility should be investigated for intentional injury.

In the relevant verdict made by the People's Court of Suzhou Industrial Park in the first instance of the first instance, the main facts of the public prosecution agency accused of accused the prosecution of the public prosecution, which was established and sufficient, but the charges of "intentional injury" were improper.

The court of first instance believes that in the process of chasing, pulling, and pushing the general civil disputes, Wu Weikang died due to negligence and losing the victim after being injured. His behavior constituted the crime of loss of death, which was mild.

The court of first instance pointed out that the testimony of the relevant witnesses could confirm that during the conflict before the victim Chen fell to the ground, Wu Weikang had no serious violence, and his behavior was obviously restrained.

In response to the opinion of Wu Weikang's defenders that "Wu Weikang does not have faults, the victims fall to the ground and injured the death of the accidental incident", the court of first instance believes that Wu Weikang often exercises on the place of crime and cope with the environment. You can get a little attention to the sports equipment on the ground. There are more attention obligations. Due to negligence, the victims are injured and died of injuries to the victim. It is not an accident.

In the trial, Wu Weikang said that he was first beaten and chased by the elderly. When he avoided the chase, he still had a legitimate defense.

The court in the first instance believes that the right defense means that in order to prevent the illegal violations of the country, the public interest, the personal, property, and other rights of the people, the personal, property, and other rights of others. The victims only caused chase, pulling, and pushing, and the victim's actions were not undergoing illegal violations because of general civil disputes. "Wu Weikang was sentenced to 2 years in prison for" crime of losing death ". On July 25, 2019, Wu Weikang was released after the detention period.

↑ The court of first instance sentenced Wu Weikang to two years in prison for "crime of death"

3

New judicial appraisal claims that "medical institutions have faults"

The prosecution finally decided not to prosecute

"When Chen entered the hospital, it was okay. How did he died in the hospital 19 days? In terms of common sense, is there any problem with their hospital?" Wu Weikang did not recognize the result of the judgment of the first trial.

According to the appraisal opinion adopted by the court of first instance, Chen was formulated with a huge hematoma in the right side of the right side of the right waist and back trauma, and caused the abdominal interval room syndrome, leading to the death of abdominal infection and multi -organ functional failure. His basic diseases and long -term long -term Taking anticoagulant drugs has played a certain role in promoting its death.

↑ The original judicial appraisal believes that Chen's own basic diseases and long -term anticoagulant drugs have played a certain role in promoting their death

"I did not see the medical source factors (that is, obvious medical intervention factors, such as medical fault), which caused the victim Chen to die." The court of first instance said in the judgment.

He Zhijuan, a defender of Wu Weikang and a lawyer of Beijing Law Firm, believes that the causal relationship in this case is unknown, and the key to resolution is to identify the issue.

After Wu Weikang appealed, in April 2020, the case was returned to retrial. He Zhijuan insisted on asking the court to launch a medical fault appraisal procedure to identify whether there is a medical fault in the cause of the death of the victim Chen.

In April 2021, the public prosecution agency requested the defendant Wu Weikang to withdraw his prosecution on the grounds of "new evidence" and was allowed by the court.

This new evidence is the new judicial appraisal opinion, and it is also one of the key turns of the case.

In order to further clarify the problems of involuntaries and the role of interventional factors in Chen's death, the role of the intervention factors, the Suzhou Industrial Park Procuratorate entrusted the Sun Yat -sen University to identify it.

The appraisal opinion issued by the appraisal center believes that there is a fault in Chen's diagnosis and treatment behavior, and there is a causal relationship between the medical fault and the consequences of Chen's death. Essence

↑ The new judicial appraisal believes that there are medical faults in related hospitals, and there is a causal relationship with Chen's death

This appraisal opinion shows that during the diagnosis and treatment of Chen, the medical party was based on the test results (blood routine, coagulation series, and chest and abdomen CT). Measures are timely and accurate. However, in the process of observation of the condition, the disease was not closely observed, and the blood of the blood was not reviewed in time and the function of stopping coagulation was not retracted in time. As a result, it was difficult to treat after giant hematoma after peritoneum.

On July 20, 2022, at the Suzhou Industrial Park Procuratorate, the prosecutor of the case was prosecuted to Wu Weikang's decision to not prosecute the case.

The prosecutor believes that there are two different identification opinions in the evidence of the case, and no other agencies agreeing to re -appraisal are found. It does not rule out the possibility of Wu Weikang's negligence.

↑ The prosecutor finally believed that the evidence of the case was insufficient and did not meet the conditions of the prosecution, and decided not to prosecute

4

Will apply for national compensation

"I hope that the judicial organs will further restore the truth"

After receiving the prosecutor's "Not Prosecution Decision", Wu Weikang immediately took a picture and published it on the social platform: "Six years, like a dream!"

Looking at Wu Weikang's social platform, before the incident in 2017, the content of the most frequently appeared was the content of financial investment. After the release in 2019, Wu Weikang began to pay attention to many social public events.

Wu Weikang told the Red Star Journalist that before the incident, he worked at a securities company in Suzhou. "The previous life was very simple. In addition to work, he would do some public welfare activities on weekends. After encountering this, he began to pay more attention to our society."

After being released in July 2019, because the case continued, Wu Weikang couldn't work again. "It has always been trapped in the case, and life is mainly relied on friends to help." But his life was not depressed at all. In a few years, Wu Weikang was obsessed with health and movement. "Recently, the challenge for one minute has broken the world record and 100 meters of running for 12 seconds." In addition, he also adopted a pet dog.

Red Star reporter learned from Wu Weikang and his defender that at present, Wu Weikang is applying for state compensation from relevant departments.

But Wu Weikang was "not satisfied" here. He told Red Star reporters that the prosecutor's conclusion is "insufficient evidence and does not meet the conditions for prosecution", but he also hopes that the judicial organs can further restore the truth of the matter and give him a clear explanation of him and the family members of the deceased, "instead of saying ' Insufficient evidence '. "

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