The suspect insisted that "I have no guilt", and the case has other hidden feelings?｜ 9:30 tonight

When reviewing and prosecution

Considering that the two sides are involved in the case and the victims

The prosecutor conducted a back -to -back mediation of the two

But I didn't expect

Suspects of the provocation case insisted on ——

"I have no guilt"

Native

On May 31, the prosecution of the Procuratorate of the Yanshi District Procuratorate of Luoyang City, Henan Province was sentenced to a trial of a public prosecution case. Essence

Speaking of this provocation case, it is necessary to start with another case.

In intentional killing or intentional damage

At about 3 pm on August 21, 2021, Yanshi 110 reported that someone was fighting in a gas station. The public security organs quickly sent the police to control the suspect Li Feng at the scene and sent the victim Wang Liang to the doctor. After identification, Wang Liang was damaged as a serious injury. Police found that Li Feng's wife Liu and Wang Liang had an extramarital affairs earlier. Liu later refused to maintain the relationship, but Wang Liang continued to entangle. Li Feng fought with Wang Liang in the gas station. Down. On August 27, the public security organs asked Li Feng for the arrest of the Procuratorate of Yanshi District for suspected killing.

Intentional homicide is a major malignant case. A variety of evidence in the case can confirm each other, and the surveillance videos are clear. It can record the entire process of fighting at the time of the case. The qualitative of the case seems to have no problems.

However, when the prosecutor asked the key witnesses of the case and the reporter Liu at the time of the case, Liu expressed a strong opposition to the crime of intentional homicide. Not only that, she also reported that Wang Liang continued to harass her and her family and provided some evidence materials, which strongly demanded that Wang Liang's legal responsibility. At the same time, Li Feng also strongly denied the intention of intentional homicide and defending himself.

Obviously, even if Li Feng's plot is about to prepare the hammer, just from the point of view, the head naturally belongs to the wounded part. So, is Li Feng intentionally or intentionally hurt?

The prosecutor took a serious review of the evidence of the whole case with questions, and focused on the surveillance video of the review of the examination. The surveillance video shows: Liu drove into the gas station, Wang Liang rode a motorcycle to follow; after Liu Mou added the oil, Wang Liang approached Liu Mou's car to drive the right door and got on the car. Began to chase Wang Liang, and Wang Liang picked up a Ma Zha to wave Li Feng.

Prosecutors are discussing the case

Combined with the surveillance video, and Li Feng confessed the situation of stability and always denied the killing in the public security organs' multiple interrogations, the prosecutor preliminarily judged that Li Feng did not intentionally kill. In view of the above situation, after discussion of the joint meeting of the prosecutor, everyone agreed that in accordance with the principles of the subjective and objectiveness, the case was characterized by the crime of intentional injury.

Simultaneous prosecution and provocation crime at the same time

The problem is solved, and the second question is here -whether to approve the arrest. Liu insisted that the other party had a serious fault, refused to compensate, and did not accept the mediation.

After discussions with the joint meeting of the prosecutor, considering the cause and background of the case, in view of Wang Liang's serious violation of ethics and morality, there was a major fault in this case, and the court finally decided not to approve the arrest. At the same time, the prosecutor listed the complementary investigation outline, requiring the public security organs to investigate the situation of Wang Liang's continuous harassment of Liu and his family, and proposed that "Wang Liang has suspected of provoking a crime. The clear opinion of the victim's indulgence of crime.

During the investigation, the public security organs sent Wang Liang and Liu's mobile phones to relevant units for data extraction. According to the extracted data, the police found that the information in Wang Liang's mobile phone can confirm each other with the information in Liu's mobile phone, which can prove that Wang Liang sends Liu Mou many times. After putting it down, it is the fact that the glass is "glass tunnel", as well as the fact that Liu's nude photos threatened the threat and called Liu Mou's harassment call nearly a thousand times.

The public security organs also found that Wang Liang has visited Liu's work unit many times to disturb the daily work of Liu's unit in a long time without leaving and malicious complaints. On August 10, 2021, Wang Liang also took Liu from the mobile phone operated by the unit, and then Liu called the police. After criticism and education of the police station, the two parties reached a mediation agreement and agreed not to hold each other.

However, the handling of the public security organs did not have any warning effect on Wang Liang. He was still doing it, and even began to "misfortune his family." At around 8 pm on August 20, 2021, Wang Liang went to Liu's mother's house to harass. At noon the next day, Wang Liang sent a WeChat to Liu "My final result was, killing him, I went to jail, you fell crazy", threatened Liu to come out to meet with him, and after being rejected, Wang Liang claimed that Liu would go to Liu again. A maid's family trouble. Liu was afraid of his troubles and let Li Feng go back to her mother's house with her. Li Feng carried a hammer to prevent Wang Liang's trouble. When the car rolled to the gas station, he was followed by Wang Liangwei and then incident.

On November 16, 2021, the public security organs investigated Wang Liangli for suspected provocation.

Precision and qualitative dare to punish

On November 29, 2021, the public security organs transferred Wang Liang's provocation case and Li Feng's intentional injury to the procuratorial organs for review and prosecution. Li Feng's defender proposes that Li Feng may constitute excessive defense.

Due to the issue of legitimate defense, in accordance with the "Guidance Opinions on Consolidated on the Corporate Cases of Defense Cases" in accordance with the provisions of the Henan Provincial Procuratorate, the grassroots institute has no right to determine directly. Provincial procuratorate review. The Provincial Procuratorate discussed that although Li Feng had a defense intention, the real substantial illegal violations did not occur at the time of the incident. His behavior was still intentional and did not constitute an excessive defense, but it was in line with the first plot and determined that Wang Liang was seriously serious. Masters can be punished from light and reduced punishment, and two cases are suggested to be transferred to the court to filed a public prosecution. During the review and prosecution stage, considering that the two parties were involved in the case and the victims, the prosecutor held a back -to -back mediation of Liu and Wang Liang. However, I did not expect that Wang Liang directly rejected Liu's condition that "the two parties did not compensate each other forgive each other." He thought he had no guilt and said to the prosecutor without any regret: "I violate morality at most, enough is it enough Crime! "

Based on this, the prosecutor's admittance to Wang Liang did not apply for a confession and confession system, and finally proposed a sentence of one year and six months (if you reached an understanding, you can apply the probation) to quantify; Due to Li Feng voluntarily pleaded guilty, after comprehensive consideration and negotiating with the defender, he proposed a three -year prison in prison for three years and three years of probation in prison without compensation.

On March 16 this year, the Procuratorate of Yanshi District filed a public prosecution against Li Feng for suspected of provoking trouble and suspected intentional injury. On May 11, Li Feng's intentional injury case did not open the trial in the Yanshi District Court. On May 30, the court accepted the sentencing proposal proposed by the procuratorial organs and sentenced Li Feng to three years in prison for intentional injury. At the same time, Wang Liang filed a civil lawsuit of more than 130,000 yuan. Li Feng was sentenced to compensation for Wang Liang's economic losses of 55695.65 yuan. On June 9, Wang Liang refused to accept and appealed to the civil part. So far, the second trial has not yet been judged. (The all involved in the article is a pseudonym)

(Procuratorate Liu Jianpeng Tian Miao Zhang Xiaofeng)

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