Complainant: Zheng Mouming, male.
The complainant refused to accept the criminal judgment of a county people's courtNo. 165438+20xx for theft and filed a complaint according to law.
Requested items:
1. Revoke the criminal judgment of a county people's court (No.1 12).
2. The complainant was acquitted.
Facts and reasons:
1. The facts identified in the first-instance judgment were seriously wrong, which was a major injustice, and the complainant did not participate in the theft at all.
The basic fact is: On the afternoon of June 14 12, 20xx, fellow countryman Zheng Mouliang was sleeping in a county park and was taken away by the police for investigation. Later, Zheng Mouliang was released and called the complainant to take him back to the hotel. The complainant took a taxi to pick up Zheng Mouliang. As a result, the patrolman detained them together. The police found the stolen goods in Zheng Mouliang's black bag in the hotel and decided. But the plaintiff didn't know what was in Zheng's bright black bag. The police began to commit serious acts of extorting confessions by torture, making the complainant kneel, handcuffed and then punched and kicked like playing football. The complainant's teeth were knocked out, and he was sweating with pain and almost fainted. Only when biting the tongue did the police stop beating. Since then, I have been tortured and forced to sign. To save my life, I have to sign it first. After being sent to the detention center, the prison guards found many bruises on the complainant, and the inmates also found that the complainant was disabled. The complainant pleaded not guilty during the examination and prosecution by the procuratorate, the supplementary investigation by the public security and the four court trials, and repeatedly stressed that those confessions were extorted by public security personnel and forced to sign, which was totally inconsistent with what he said.
Second, the original trial found that the complainant was guilty of theft, which was completely unjust. The complainant did not participate in the theft at all, and the evidence against him was insufficient. The specific reasons are as follows:
1. One of the evidence against me is the confession of Zheng Mouliang, an accessory. However, according to the provisions of the Criminal Procedure Law, in the absence of other witnesses, Zheng Mouliang's confession alone cannot be regarded as the complainant's participation in the theft, and Zheng Mouliang changed his confession in the fourth trial and admitted that the complainant did not participate in the theft. It can be seen that the complainant's participation in the crime cannot be determined by Zheng Mouliang's contradictory confession, otherwise there will be unjust, false and wrong cases.
2. The second evidence against the complainant is that the complainant himself has confessed. However, the complainant pleaded not guilty during the examination and prosecution by the procuratorate, the supplementary investigation by the public security and the four court trials, and repeatedly stressed that those confessions were extorted by public security personnel and forced to sign, which was totally inconsistent with what he said. Such a confession that has been wronged repeatedly cannot be used as the basis for conviction at all. The confession obtained by torture is obviously identifiable, and the evidence obtained by torture is illegal and invalid.
3. The third evidence of the complainant's guilt is the iron scissors, but the iron scissors have nothing to do with the crime and can be investigated on the spot, and Zheng Mouliang also admitted that he did not use the iron scissors to commit the crime.
4. The fourth incriminating evidence against the complainant is other evidence, but none of the other evidence can directly prove that the complainant participated in the crime.
It can be seen that the evidence to prove the complainant's participation in the theft is obviously insufficient.
3. There is sufficient evidence to prove that the complainant was injured and disabled by police investigators through torture. According to the law, verbal evidence obtained by illegal means cannot be regarded as conclusive evidence and should be excluded.
1. Prosecutors, judges, lawyers, prison guards and inmates repeatedly persuaded the complainant to plead guilty. In a small theft, he returned the stolen goods and pleaded guilty. He can go out soon. However, the complainant is determined to fight this unjust case, and would rather spend more time in prison than the judicial organs to see this clearly. After he was released from prison, he left his career and family behind and immediately went to Jiangxi to complain. This rebellious attitude is the best evidence to prove that the complainant has been wronged.
2. The complainant's existing tooth loss, lumbar disc herniation and disability of hands and feet are enough to prove the existence of extorting a confession by torture.
3. Zheng Mouliang, an accomplice, also confessed that the public security personnel had committed serious acts of extorting confessions by torture, which can reflect the complainant's confession. Zheng Mouliang, an accomplice, has always been considered by the judicial organs to have a good attitude. Even so, the police had to extort a confession from him through torture, which indicated that if the complainant did not plead guilty, he would face even greater beatings.
4. During the trial of the complainant in the court of first instance, the inspection report of a county people's hospital can also reflect the fact that the complainant was injured and disabled.
5. The examination report made by the complainant in the affiliated hospital after he was released from prison also reflected that the applicant's disability and injury time were consistent.
6. The life insurance contract found by the complainant after his release from prison and the certificate issued by the village committee are sufficient to prove that the complainant is healthy and has no disability.
Fourth, the court of first instance made a mistake in applying the law, failing to exclude the evidence that should not be accepted in the case of extorting a confession by torture, and failing to handle the case in accordance with the Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Handling Criminal Cases.
Extorting confessions by torture and extorting confessions by torture in disguise are almost common in investigation practice, but this phenomenon is becoming more and more hidden, and it is more and more difficult to obtain evidence. It is difficult for criminal suspects and defendants who are in a weak position to preserve and obtain evidence. In view of this, Article 247 of the Criminal Law stipulates the crime of extorting confessions by torture and the crime of obtaining evidence by violence.
Article 1 of the Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Handling Criminal Cases stipulates that confessions of criminal suspects and defendants obtained by illegal means such as extorting confessions by torture, witness testimony and victim statements obtained by illegal means such as violence and threats are illegal verbal evidence. ? Article 2 stipulates that illegal verbal evidence confirmed according to law shall be excluded and cannot be used as the basis for finalizing the case. ? Article 11 stipulates that if the public prosecutor cannot provide evidence to prove the legality of the defendant's pre-trial confession, or if the evidence provided is inaccurate and insufficient, the confession cannot be used as the basis for finalizing the case. ?
Five, the original procedure is illegal, depriving the complainant of his right to appeal. The judge of a county people's court advised the complainant not to appeal, and a county detention center refused to let the complainant appeal, giving the complainant a pen and paper, depriving him of the right to appeal.
6. After he was released from prison, the complainant repeatedly asked the courts, procuratorates and other organs of a county or city to obtain case materials for review, but no one paid attention. Failure to collect case materials will block the channels for appealing misjudged cases. The practice of kicking the ball by the relevant departments deprived the complainant of his right to appeal according to law. Here, please authorize and supervise this matter.
To sum up, the first-instance judgment found that the facts were wrong, the main evidence was insufficient, the legal procedures were violated, and the review was neglected. Please find out the facts, apply the law correctly and have a fair retrial. Otherwise, the complainant will keep complaining and fight to the death!
Complainant:
20XX year1October 9th
Complainant: Zheng Mouming, male.
The complainant refused to accept the criminal judgment of a county people's courtNo. 165438+20xx for theft and filed a complaint according to law.
Requested items:
1. Revoke the criminal judgment of a county people's court (No.1 12).
2. The complainant was acquitted.
Facts and reasons:
1. The facts identified in the first-instance judgment were seriously wrong, which was a major injustice, and the complainant did not participate in the theft at all.
The basic fact is: On the afternoon of June 14 12, 20xx, fellow countryman Zheng Mouliang was sleeping in a county park and was taken away by the police for investigation. Later, Zheng Mouliang was released and called the complainant to take him back to the hotel. The complainant took a taxi to pick up Zheng Mouliang. As a result, the patrolman detained them together. The police found the stolen goods in Zheng Mouliang's black bag in the hotel and decided. But the plaintiff didn't know what was in Zheng's bright black bag. The police began to commit serious acts of extorting confessions by torture, making the complainant kneel, handcuffed and then punched and kicked like playing football. The complainant's teeth were knocked out, and he was sweating with pain and almost fainted. Only when biting the tongue did the police stop beating. Since then, I have been tortured and forced to sign. To save my life, I have to sign it first. After being sent to the detention center, the prison guards found many bruises on the complainant, and the inmates also found that the complainant was disabled. The complainant pleaded not guilty during the examination and prosecution by the procuratorate, the supplementary investigation by the public security and the four court trials, and repeatedly stressed that those confessions were extorted by public security personnel and forced to sign, which was totally inconsistent with what he said.
Second, the original trial found the complainant guilty of theft, which is a completely unfair case. The complainant did not participate in the theft at all, and the evidence against him was insufficient. The specific reasons are as follows:
1. One of the evidence against me is the confession of Zheng Mouliang, an accessory. However, according to the provisions of the Criminal Procedure Law, in the absence of other witnesses, Zheng Mouliang's confession alone cannot be regarded as the complainant's participation in the theft, and Zheng Mouliang changed his confession in the fourth trial and admitted that the complainant did not participate in the theft. It can be seen that the complainant's participation in the crime cannot be determined by Zheng Mouliang's contradictory confession, otherwise there will be unjust, false and wrong cases.
2. The second evidence against the complainant is that the complainant himself has confessed. However, the complainant pleaded not guilty during the examination and prosecution by the procuratorate, the supplementary investigation by the public security and the four court trials, and repeatedly stressed that those confessions were extorted by public security personnel and forced to sign, which was totally inconsistent with what he said. Such a confession that has been wronged repeatedly cannot be used as the basis for conviction at all. The confession obtained by torture is obviously identifiable, and the evidence obtained by torture is illegal and invalid.
3. The third evidence of the complainant's guilt is the iron scissors, but the iron scissors have nothing to do with the crime and can be investigated on the spot, and Zheng Mouliang also admitted that he did not use the iron scissors to commit the crime.
4. The fourth incriminating evidence against the complainant is other evidence, but none of the other evidence can directly prove that the complainant participated in the crime.
It can be seen that the evidence to prove the complainant's participation in the theft is obviously insufficient.
3. There is sufficient evidence to prove that the complainant was injured and disabled by police investigators through torture. According to the law, verbal evidence obtained by illegal means cannot be regarded as conclusive evidence and should be excluded.
1. Prosecutors, judges, lawyers, prison guards and inmates repeatedly persuaded the complainant to plead guilty. In a small theft, he returned the stolen goods and pleaded guilty. He can go out soon. However, the complainant is determined to fight this unjust case, and would rather spend more time in prison than the judicial organs to see this clearly. After he was released from prison, he left his career and family behind and immediately went to Jiangxi to complain. This rebellious attitude is the best evidence to prove that the complainant has been wronged.
2. The complainant's existing tooth loss, lumbar disc herniation and disability of hands and feet are enough to prove the existence of extorting a confession by torture.
3. Zheng Mouliang, an accomplice, also confessed that the public security personnel had committed serious acts of extorting confessions by torture, which can reflect the complainant's confession. Zheng Mouliang, an accomplice, has always been considered by the judicial organs to have a good attitude. Even so, the police had to extort a confession from him through torture, which indicated that if the complainant did not plead guilty, he would face even greater beatings.
4. During the trial of the complainant in the court of first instance, the inspection report of a county people's hospital can also reflect the fact that the complainant was injured and disabled.
5. The examination report made by the complainant in the affiliated hospital after he was released from prison also reflected that the applicant's disability and injury time were consistent.
6. The life insurance contract found by the complainant after his release from prison and the certificate issued by the village committee are sufficient to prove that the complainant is healthy and has no disability.
Fourth, the court of first instance made a mistake in applying the law, failing to exclude the evidence that should not be accepted in the case of extorting a confession by torture, and failing to handle the case in accordance with the Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Handling Criminal Cases.
Extorting confessions by torture and extorting confessions by torture in disguise are almost common in investigation practice, but this phenomenon is becoming more and more hidden, and it is more and more difficult to obtain evidence. It is difficult for criminal suspects and defendants who are in a weak position to preserve and obtain evidence. In view of this, Article 247 of the Criminal Law stipulates the crime of extorting confessions by torture and the crime of obtaining evidence by violence.
Article 1 of the Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Handling Criminal Cases stipulates that confessions of criminal suspects and defendants obtained by illegal means such as extorting confessions by torture, witness testimony and victim statements obtained by illegal means such as violence and threats are illegal verbal evidence. ? Article 2 stipulates that illegal verbal evidence confirmed according to law shall be excluded and cannot be used as the basis for finalizing the case. ? Article 11 stipulates that if the public prosecutor cannot provide evidence to prove the legality of the defendant's pre-trial confession, or if the evidence provided is inaccurate and insufficient, the confession cannot be used as the basis for finalizing the case. ?
Five, the original procedure is illegal, depriving the complainant of his right to appeal. The judge of a county people's court advised the complainant not to appeal, and a county detention center refused to let the complainant appeal, giving the complainant a pen and paper, depriving him of the right to appeal.
6. After he was released from prison, the complainant repeatedly asked the courts, procuratorates and other organs of a county or city to obtain case materials for review, but no one paid attention. Failure to collect case materials will block the channels for appealing misjudged cases. The practice of kicking the ball by the relevant departments deprived the complainant of his right to appeal according to law. Here, please authorize and supervise this matter.
To sum up, the first-instance judgment found that the facts were wrong, the main evidence was insufficient, the legal procedures were violated, and the review was neglected. Please find out the facts, apply the law correctly and have a fair retrial. Otherwise, the complainant will keep complaining and fight to the death!
Complainant:
20XX year1October 9th
Fan Wensan: Zhang, 56-year-old mother of criminal Xiao, Han nationality, farmer, living in a village in a street of a city, ID number xxxxx.
Complainant: Xiao Moumou, the father of Xiao Mou, a prisoner, is a 56-year-old Han nationality, a farmer, who lives in a village in a street in a city. His ID number is xxxxx.
The complainant lodged a complaint against criminal judgment (20xx)No. 134. Request: (20xx) A certain punishment 134 in criminal judgment violated the provisions of the second paragraph of Article 204 of the Criminal Procedure Law of People's Republic of China (PRC), so it was determined that the evidence of criminal Xiao's theft in a clothing world was not true and sufficient, and his theft should be revoked according to law; Regarding the case of Xiao's theft and robbery in 20xx 654381October 8th, the original trial identified this behavior as robbery, which was an applicable legal error stipulated in the third paragraph of Article 204 of the Criminal Procedure Law of People's Republic of China (PRC), and requested the Shandong Higher People's Court to retry it.
Facts and reasons:
A, about (20xx) so-and-so criminalNo. 134 criminal judgment's determination of Xiao's theft in Zhaoyuan Clothing World.
1. There are many doubts in this case:
(1) Since it is believed that Xiaomou broke into the clothing store, what crime tool did Xiaomou use to break into the clothing store? Where were the tools hidden or abandoned after the incident? The public security organs have not yet obtained conclusive evidence of the crime tools. Why should the complainant be convicted of theft when there is no relevant evidence to prove that breaking the door is a crucial crime tool for the determination of theft?
(2) Since it is determined that Xiaomou hired a car to bring some clothes home, the important evidence of this case, such as whose car Xiaomou hired, the car number, who drove the car and when it was shipped, should be verified in the criminal investigation, but the public security organs did not find out this important evidence. More importantly, (20xx) Criminal Chu ZiNo. 134 criminal judgment identified Xiaomou as stealing 660 sets of clothes from a clothing world in a city. So, when did Xiaomou commit the theft on the night of the incident? How did as many as 660 pieces of clothing move from XXX clothing world? Did Xiao do such a large number of clothes thefts alone? 660 pieces of clothing were transferred from a clothing world. Are there any suspects? On the night of the crime, after stealing 660 sets of clothes, did you directly contact the vehicle to transport it to other places for hiding or directly rent a vehicle to transport it to his mother Zhang? The facts of the above case are not clearly recorded in criminal judgmentNo. (20xx) 134. How can Xiao be convicted and punished easily when the facts of the above-mentioned cases that are significantly related to this case have not been ascertained?
(3) The clothes of a clothing world in a city were stolen on the night of 65438+February in 20xx, and as Bumou said, Xiaomou didn't go to the billiard hall in the middle of 65438+February, so the witness's testimony is of no value to the complainant's case of allegedly stealing clothes. At present, with a high degree of national economic development and a large turnover of personnel, Bumou, as the owner of billiards hall, can't accurately remember every customer who comes to the billiards hall to play billiards for recreation. It is possible that Bumou is wrong. It is not excluded that Xiaomou did go to the billiard hall opened by Bumou at that time, but Bumou could not remember clearly. On the other hand, even if Xiao didn't patronize the billiard hall opened by Bumou at that time, the clothes of the clothing world in this case were stolen on the night of 20xx65438+February 65438+March. How valuable is it? At most, it proves that Xiaomou is lying. Even so, Xiaomou's testimony cannot be used as evidence to prove that Xiaomou stole clothes.
(4) Witness Zhang (the mother of Xiaomou) confirmed that Xiaomou sent more than 300 pieces of clothes home in the early morning of February 65438, 20xx, and then sold some clothes in the market, earning 5000 yuan. This evidence can only prove that Xiao sent more than 300 pieces of clothes home in the early morning of February 65438+20xx, but it can't prove that the clothes were stolen by Xiao. And what brand is Zhang's clothing, men's clothing or women's clothing, elderly clothing or children's clothing, and whether the clothing is the same or similar to a stolen clothing brand in a clothing world, the public security organs have not verified it. Related to this, criminal judgment appraised 660 sets of stolen clothes in a clothing world of a city with the appraisal value of 30,774 yuan, while Xiao's mother Zhang only got 5,000 yuan after selling more than 20xx pieces of clothes. As a businessman who does clothing business all the year round, Zhang must make the biggest profit when selling clothes. Since the 300-piece suit only costs 5000 yuan, why is the 660-piece suit stolen from a clothing world in a city valued at 30774 yuan? If Zhang Moumou knew that the 300 pieces of clothes he was selling were stolen goods, there might be a problem of being eager to get rid of them and selling them at low prices. As a result, Zhang committed the crime of selling stolen goods. If Zhang doesn't know that the clothes he sells are stolen goods, then Zhang must be selling clothes for the purpose of maximizing profits, and will not easily sell 300 suits at a low price. Accordingly, the loss of stolen clothes in a city's clothing world should be about 10000 yuan, not 30774 yuan. In this case, what is the basis for the economic loss of 30,774 yuan of stolen clothing in a city's clothing world? As we all know, the amount of theft is related to whether the suspect constitutes a crime and the severity of the crime. In the absence of stolen goods, can the amount of loss provided by the victim be used as evidence for conviction and sentencing in this case? This is obviously a disregard for human life!
(5) What are the identities of witnesses Song and Pan? (20xx)No. 134 at the beginning of punishment is not clearly stated in criminal judgment. According to the judgment, it can be inferred that witnesses Song and Pan are employees of a clothing world in a city, and their testimony is only? Their store is in a city theater, and 65438+February 3 1, 20xx was stolen that night? In the existing victim statements. Shopkeepers Zhang and Zhang Moqing confirmed that on the night of 65438+February 65438+March, 660 sets of various clothes were stolen from their clothing store? In this case, the testimony of Song and Pan has little to do with this case, or it is the product of simply listing the evidence.
(6) Although the witness Xia's testimony is based on his understanding of Xiao, it cannot be denied that Xiao has been engaged in clothing business or has been engaged in clothing business. First of all, Xiao has been engaged in clothing trade with his parents since he graduated from junior high school. Therefore, he is familiar with the operation of the clothing industry, and does not rule out the possibility of finding a good opportunity to make money and run the clothing business at any time. Secondly, Xiao and witness Xia were in love at that time. Many people pretend and exaggerate themselves in the process of love. Even if Xiao is actually engaged in the clothing business, it is likely that he lied to engage in another career that his girlfriend prefers in order to exaggerate himself in front of his girlfriend.
(7) The key figure in this case, Wang Moumou, has not been verified, which is the key to determining whether Xiao Mou commits theft. It is an indisputable fact that citizens of the three northeastern provinces are now going south to do business and working everywhere, and criminal cases involving citizens of the three northeastern provinces are increasing day by day. Bumou opened a billiard hall, and he can play billiards only by paying the fee without telling his name or even showing his ID card. Moreover, if the suspect under the pseudonym of Wang Moumou has only been to 1 billiards hall once or twice, and there are so many mobile people in the billiards hall, Bumou can't remember every guest who comes here to play billiards for fun. Then, is there the possibility that a criminal suspect with a pseudonym of Wang Moumou will resell the stolen goods to Xiaomou after stealing the clothing world in a city? If the stolen clothes in a clothing world in this case are really made by Wang, then Xiao's behavior of buying and selling knowing that it is stolen goods should violate the crime of selling stolen goods. However, the penalty for the crime of selling stolen goods is obviously different from the penalty for stealing 30,774 yuan. If the people's court fails to find out the facts of this case and punishes the criminal acts that should have been convicted and punished with the crime of selling stolen goods with a huge amount of theft, it is obviously a false and wrong case with unclear facts, insufficient evidence and wrong application of the law!
(8) The fingerprint of the left ring finger on the glass door of Xiaomou Theater Clothing World is the most important material evidence used to identify Xiaomou's theft in this case, and it is direct evidence, but the public security organ did not specify whether it is a fingerprint or multiple fingerprints. Where are the fingerprints on the glass door? So-and-so clothing world, as a clothing store selling clothes to the outside world, is crowded with people every day. It is not excluded that Xiaomou will visit the store as a customer and choose clothes or businesses.
Talking about the possibility of price, it is normal to leave fingerprints on the glass door. If the stolen victim lives in a residential building, Xiao's fingerprint can be used as direct evidence to identify Xiao's theft if he is familiar with the stolen victim or has other business dealings with the residents of the residential building where the stolen victim lives. In this case, the clothing world of a city opened by the stolen victim is a shop that openly attracts customers. During the business period, people come and go, and many customers' fingerprints will inevitably be left on the glass door. As a customer, Xiao has the right to enter at will and can't help leaving fingerprints on the glass door. Can Xiao Zhenhai be convicted and punished for theft only by this fingerprint and other witness testimony of little value? If this is the case, there will inevitably be unjust, false and wrong cases.
(9) In this case, the so-called important link for the owner to identify stolen goods is missing, but only exists? Victim statement? Shopkeepers Zhang and Zhang Moqing confirmed that on the night of 65438+February 65438+March, 660 sets of various clothes were stolen from their clothing store? And it is not based on the investigation conclusion of the public security organ after the owner reported the case to a city public security bureau, which is seriously lacking in rationality and science.
First of all, the clothing store suffered such heavy losses. According to common sense, the case should be reported to the public security organ, and the public security organ should go to the site to evaluate the loss. The on-site investigation record of a city public security bureau did not reflect the loss assessment or the loss reported by the victim.
Secondly, after the public security organ impounds the relevant stolen goods (clothes that have not been sold in Xiao Zhenhai's home), it should perform the procedure of asking the owner to identify them, that is, to confirm whether they are the clothes lost by the owner in this case; The seized stolen goods should be sealed, but they are not reflected in criminal judgment.
Finally, even if the owner tries to identify that the stolen goods seized by the public security organs are the same as or similar to the lost clothes, it cannot be confirmed that this is the lost clothes of the owner. After all, as a commodity clothing category, this kind of clothing produced by clothing manufacturers is sold all over the country, and it is by no means that the owner of this case has an exclusive business license.
2. From the above analysis, it can be seen that except for the fingerprints left by Xiao on the glass door and the clothes sold by Zhang, Xiao Zhenhai's mother, the rest of the evidence has little connection with the case and cannot form a strict chain of evidence.
First of all, the so-called testimony of Yan and Xia is obviously the evidence that the public prosecution agency proves that Xiao lied, that is, Xiao could not prove his movements in a period of time before and after the incident, and then presumed that Xiao was seriously suspected of committing a crime, that is, he fell into the trap of asking the criminal suspect to prove his innocence, which is contrary to the burden of proof that the public prosecution agency bears in criminal cases to prove the existence of criminal acts. Therefore, the testimony of two witnesses has no evidential value.
Secondly, the witnesses Song and Pan are employees of Zhang Mouqing who advocated by Ye. Although Zhang and Zhang Mouqing appeared in court as victims and Song and Pan as witnesses, their statements have the same value in criminal evidence, which only proves that the clothing store was stolen and has no other value for the conviction of this case. Listing the statements of four people in the judgment only gives people a simple list of evidence to form? Sufficient evidence? Hallucinations.
Furthermore, when did Xiao commit the theft on the night of the murder? How did as many as 660 pieces of clothing move from XXX clothing world? Did Xiao do it alone? Are there any suspects? Does Wang Moumou who Xiao confessed really exist? Whose vehicle does Xiaomou rent? Vehicle number? Who's driving? Transportation process? When the most critical and important conviction evidence in this case has not been verified.
Therefore, according to the evidence of clothes stolen from criminal judgment (20xx)No. 134, we can draw the following three conclusions: First, Xiao has committed the crime of selling stolen goods; The second is that Xiaomou commits theft; The third is that Xiaomou is not guilty. According to the spirit and principle of the Criminal Procedure Law, since Xiao can't be found guilty of theft or selling stolen goods, he should be acquitted according to the principle of no doubt.
Criminal cases are related to citizens' personal freedom. In order to sentence the criminal suspect to bear the corresponding criminal responsibility, the criminal law requires the judicial organ to meet the requirements of the facts of the case. Is the evidence true and sufficient? Even now? Eliminate reasonable doubt?
Degree of speculation, it is forbidden to infer. There are so many major doubts in this case, besides, Xiaomou still refuses to admit that he has committed the theft of a city's clothing world. In the case that the above doubts have not been ascertained and cannot be ruled out, according to the principle of criminal law, Xiao's act of stealing clothes as determined by criminal judgment (20xx) Chu ZiNo. 134 should be declared innocent.
2. Regarding the case of 20xx65438+10.8 Xiao's theft and robbery, the original trial determined that this behavior was robbery, which was an applicable legal error stipulated in the third paragraph of Article 204 of the Criminal Procedure Law of People's Republic of China (PRC).
For this case, after the theft, Xiaomou fled the scene of the theft because he was found, and then Xiaomou did not have the profiteering behavior of the owner? On the spot? The characteristics of implementation, in this regard, Xiao's behavior should not be considered as robbery afterwards.
The objective requirement of robbery afterwards is to use violence or threaten violence on the spot. In the theory of criminal law, how to understand the crime of robbery afterwards is directly related to the establishment of the crime of robbery afterwards. The scene here generally refers to the scene where theft, fraud and robbery are committed, but it is not limited to the scene, but also includes the place where the scene continues to occur. For example, the pursuit process under the eyes and ears can be regarded as the spot execution. Therefore, on-site appraisal must be closely related to the place. The so-called proximity of the place is not limited to the fact that the thief or robber has not left the scene, that is, he has left the stolen place, is still being followed by others or before leaving the pursuer's sight. However, after the suspect left the crime scene through theft or robbery, he was hit in the middle of the road. Then, there is no place in the middle of the road, so it can't be called on the spot.
In this case, (20xx) sentenceNo. 134 at the beginning of the sentence states,? When the defendant Xiao saw that things were exposed, he took the opportunity to carry a digital camera and a computer host to escape eastward. When the owner of the car, Yan, drove to the scene, he had not seen Xiao, so he drove with the stevedores to catch up. In front of a food company in a city about 1000 meters away from the theft scene, the stevedores identified the thief, and Yan got off the bus and arrested him. The defendant Xiaomou used the bag he carried with him.
The switchblade stabbed Yan in the left abdomen and continued to escape. ? . Accordingly, Xiaomou fled the theft scene after the theft was exposed, and was no longer in the sight of the owner and other arresters. The shopkeeper and other arresters did not know where the complainant had fled. It is the arrest behavior that the owner and other arresting personnel accidentally hit Xiao at a distance of 1000 meters from the theft scene during the arrest. Xiaomou's violent behavior against the arresters here and now was no longer at the scene of robbery afterwards, so Xiaomou could not be convicted and punished for robbery afterwards. If Xiao's violence against arresting people constitutes a corresponding crime in criminal law, such as intentional injury, he should be convicted and punished on the corresponding charges.
To sum up, the evidence that criminal judgment found Xiao guilty of theft at the beginning of a certain sentence (20xx)No. 134 in a city's clothing world theft case is not true and sufficient. According to the principle of criminal law, Xiao should be found innocent; 20xx 654381October 8, Xiao's theft and robbery case, (20xx) X-X punishment Zi ChuNo. 134 criminal judgment found Xiao's crime of robbery, which obviously applied legal errors and should be revised according to law. I urge the people's court to retry this case in order to find out the facts of the case, apply the law correctly and handle the case involved in Xiao fairly.
I am here to convey
Shandong Higher People's Court
Complainant:
20xx year month day
?