Family members died after being robbed. Because the defendant was under the age of 14, he did not make a criminal liability for continuous complaints.

On August 29, the Red Star Journalist learned from the highest seminar that recently, the Supreme People's Procuratorate issued the 39th batch of guiding cases with the theme of criminal appeal, which aims to use public hearing in the process of criminal appeal cases. , To resolve social contradictions and disputes, help prosecutors perform their duties, guide, standardize, and lead procuratorial organs to handle case handling, so that the people can truly feel fairness and justice.

The 39th batch of guidance cases include 4 cases. The reporter noticed that because of the judicial organs changed the original processing decision according to law, but did not tell the parties to be reasonable, causing the appellant to be dissatisfied with the judicial organs, there were confidences, and unsuccessful resistance. The case was held in a public hearing by the Supreme Procuratorate. The appellant stated that he obeyed the decision made by the procuratorial organs and promised to let the lawsuit.

↑ Data Matching Figures according to Oriental IC

Die death

The defendant is under the age of 14, and the judicial organs change the original processing decision

The announcement of the case shows that the appellee Wu Moumou and Yang Moumou are the close relatives of Wu Mouhui, a victim of Wu Moujian.

At 12 o'clock on January 28, 2008, the defendant Wu Moujian of the original trial brought a dagger in the two -wheeled motorcycle of the victim Wu Mouhui in Pingnan County, Guangxi Zhuang Autonomous Region. village. When the motorcycle was driving to the village -level road in Hengling Village, Wu Moujian stabbed Wu Mouhui with a dagger. Subsequently, Wu Moujian searched Wu Mouhui's body, robbed Wu Mouhui's Nokia brand mobile phone, 2 yuan in cash, and snatched Wu Mouhui's two -wheeled motorcycle and escaped the scene.

According to forensic identification, Wu Mouhui was degenerated with the desertation of the carotid artery. On October 17, 2008, the People's Procuratorate of Guigang City filed a public prosecution to the Guigang Intermediate People's Court for suspected robbery. On August 20, 2009, the Guigang Municipal Intermediate People's Court sentenced him to fifteen years in prison for his robbery. Wu Mou appealed on the grounds that he was under 14 years of age.

On July 30, 2010, the High People's Court of Guangxi Zhuang Autonomous Region ruled that the original judgment was revoked on the grounds that the facts were determined unclear and the evidence was insufficient. On December 28 of the same year, the People's Procuratorate of Guigang City applied to the Guigang Intermediate People's Court for the withdrawal of prosecution on the grounds of facts and evidence. On December 31 of the same year, the Guigang Intermediate People's Court ruled that the prosecution was allowed.

On January 19, 2012, the Guigang Municipal Intermediate People's Court tried a civil lawsuit with Wu Moumou and Yang Moumou, and judged the defendant Wu Moumou and Yang Moumou's economic losses of 14,1075 yuan. Wu Moumou and Yang Moumou refused to accept and appealed. On May 4, 2012, the High People's Court of Guangxi Zhuang Autonomous Region ruled to reject the appeal and maintain the original sentence. Wu Moumou and Yang Moumou were still dissatisfied. They appealed on the grounds that the defendant Wu Moujian was at the age of 14 when the original trial, Wu Moujian, was over 14 years old. The People's Procuratorate of Guangxi Zhuang Autonomous Region reviewed that the appeal of the appeal of the appellant was not established and the case was formed. The appellant was still dissatisfied and filed an appeal to the Supreme People's Procuratorate.

The Supreme Procuratorate formed a case handling team to go to the crime place two places

Listen to the appeal in person

After preliminary review, whether this case is a minor crime, there is a major controversy in crime and non -crime. During the handling of the case, the appellant was not fully interpreted to the law. The procuratorial organs withdrew the prosecution and returned to the public security organs for a long time after the investigation. The failure to obtain judicial assistance in time has led to the appeal of the appellant for a long -term letters and visits, and did not accept the decision made by the judicial organs.

The Supreme People's Procuratorate formed by the prosecutor as the case of the prosecutor as the host of the prosecutor, carefully reviewed the complaint materials, reviewed all the original files, verified the relevant evidence, listened to the opinions of the original organizer, and focused on the focus of the case, that is, the original defendant Wu Moujian Whether the crime is at the age of 14 conducts key investigations and verification. In view of the complexity of this case, the case handling team decided to hold a hearing and publicize the case publicly.

Before the hearing, the prosecutor handling the case went to the incident, listened to the opinion of the appellant in person, understood the family situation of the appellant on the spot, and patiently guided the appellee to rationally protect their rights in accordance with the law. The day before the hearing, the appellant suddenly proposed not to participate in the hearing. The case handling team coordinated the local procuratorate and government departments in a timely manner to conduct psychological guidance on the appellant to ensure that the hearing was held as scheduled. In response to the original trial defendant Wu Moujian was not educated and punished after the case, and did not recognize the wrong regret, the case handling team asked the local procuratorate to find Wu Moujian, who had already established a family, and seriously criticized and educated him. Do your best to compensate the victim's economic losses.

The hearing focuses on the focus of the controversy one by one

The appellant promises to stop the lawsuit

According to reports, on June 18, 2021, the public hearing of Wu Moumou and Yang Moumou was held in the Procuratorate of the People's Procuratorate of Guigang City, Guangxi Zhuang Autonomous Region. The hearing will be reasonable to interpret the focus of the dispute.

At the hearing, the prosecutor of the case handling the case was 14 years old when Wu Moujian had committed the crime, and there were two sets of evidence to fully show the appellant.

A set of evidence that Wu was born on June 24, 1993 (the Dragon Boat Festival of the Lunar Calendar). Relevant witness testimony and the bone age appraisal opinions of the Ministry of Public Security. Wu Mou's confession was that his mother was born on May 5, 1993, but the confession was contradictory with his mother's testimony; The birth time of Wu Moujian recorded by the school student register and student registration card was also filled out by himself; some witness testimony stated that Wu Moujian's specific birth date was not known; At the age of age, even if he accepted the bone age appraisal opinion, Wu Moujian was 16 years old when he committed the crime, and there was a large gap with other evidence that Wu Moujian was under 15 years of age. Another group confirmed that Wu was born on June 13, 1994 (the Dragon Boat Festival of the Lunar New Year). Waiting for the testimony of the person and the "Registration Form for Not Implementing the Popularization of the Resident", hydrological information, etc. Among them, Ke Moumou confirmed that Wu Moujian was the only child who was born, so he was impressed. The reason why Wu was born in 1994 was because it was the largest year since he was married to Jiangkou Town. Guigang Flood Control Office "The Records of the Floods of the Gongjiang and Yujiang City of Guigang City" confirmed that in July 1994, the city's Guigang Station experienced the first major flood after the founding of the People's Republic of China. , He was pregnant in the same year as Wu Moujian's mother, and his son was born in October 1994 after Wu Moujian was born three or four months; witness Wu Moucheng confirmed that his son was the same as Wu Moujian ( Born in 1994) is because "we have the same ancestral hall, and the male must catch the pheasant to worship the ancestors during the Qingming Festival, so remember to be very clear"; Wu Moujian's registration date was 1994.

↑ Data Matching Figures according to Oriental IC

Based on the facts and evidence of the five hearing, the five hearing people were carefully evaluated and formed a hearing opinion, and they agreed that the existing evidence in this case was not enough to confirm that the defendant Wu Moujian of the original trial was 14 years old. Being able to accurately determine the real age of Wu Moujian at the time of the crime, and the real age of Wu Moujian at the time of the crime is the key to whether it should bear criminal responsibility. Essence Therefore, it was found that the original trial defendant Wu Moujian had insufficient evidence at the age of 14 when he committed the crime. The procuratorial organs withdrew and returned to the public security organs to make a decision to add investigation to the investigation. In view of the death of the victim Wu Mouhui, his wife went out to work and the whereabouts were unknown. Kim maintains his life and has no other economic income. In addition, the appellee Wu Moumou and Yang Moumou are weak and sick. Wu Moulin is currently studying in junior high school. It is not yet adult. Give its national judicial assistance.

On the basis of a comprehensive review of the case, the case handling team referred to the hearing opinion at the hearing that the respondent Wu Moujian was not born in the hospital and did not have a certificate of birth. When he was born , Wu Moujian's birth age cannot be confirmed through materials such as birth certification, household registration certificate, etc., and according to the "Explanation of Several Issues on Specific Criminal Cases on Trial of Minor Criminal Cases" If the defendant has reached the legal criminal responsibility age when the crime that has been accused and it is indeed unable to find out, it shall make it possible that it has not reached the corresponding age of criminal liability. " The decision of the comprehensive evidence of the case of the case of the case is based on the law, and there is no improper in the law. The appeal of the appeal of the appellant cannot be established. The case handling team also played a video recorded by Wu Mou, who was recorded by the local procuratorate on the spot, confirmed the wrong regret and actively expressed the compensation for the victim's economic losses. The appellant stated that he obeyed the handling decision made by the procuratorial organs and promised to let the lawsuit.

On August 9, 2021, the People's Procuratorate of Guigang City issued a prosecution proposal to the public security organs to revoke the case. On August 10, the Pingnan County Public Security Bureau decided to revoke the case. The local procuratorate also launched the supervision procedure with the resolution of civil lawsuits in accordance with the duty, and issued a prosecution proposal to the people's court, suggesting to urge the original defendant Wu Moujian to pay compensation. Later, Wu Moujian remitted 30,000 yuan in compensation to the people's court to implement the account and promised to perform the remaining compensation for 3,300 yuan per month in the future. In order to solve the actual difficulties of the appellant, the third -level procuratorate of the Guangxi Zhuang Autonomous Region jointly gave the appellant's national judicial assistance, and gave Wu Moulin's corresponding civil affairs assistance with the local party committee's political and legal committees, education committees, women's federations and other departments, and carried out psychological counseling.

Red Star News reporter Zhang Yanliang

Edit Yu Dongmei He Pioneer

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