How to treat Hugue Gilles' unjust case with legal thinking

Cases and judgments

65438+1On the evening of April 9, 1996 19: 45, the victim Yang said that he wanted to go to the toilet and left the Qianlixiang Hotel on Xilin South Road in Hohhot. After 2 1: 08+05 that night, he was found strangled in the women's toilet on the west side of 57 bungalows in the dormitory of Inner Mongolia First Wool Textile Factory. The defendant Hugue Gilletu of the original trial broke up with his colleague Yan Feng after dinner that night and went to the ladies' room. After that, he returned to work and called Yan Feng to the ladies' room where the crime was committed. After seeing Yang's state on the partition wall, Hugue Gilletu ran to the nearby public security booth to report the case.

The People's Procuratorate of Hohhot accused the defendant Hugue Gilletu of intentional homicide and hooliganism. 1On May 7, 1996, the Intermediate People's Court of Hohhot made a criminal judgment (1996) of Hujiao No.37, and found Hugue Gilletu guilty of intentional homicide, sentenced to death and deprived of political rights for life. He was convicted of hooliganism, sentenced to five years in prison, decided to execute the death penalty and deprived of political rights for life.

After the verdict was pronounced, Hugue Gilletu appealed for a lighter punishment on the grounds that there was no motive for killing. 1On June 5, 1996, the Higher People's Court of Inner Mongolia Autonomous Region made a criminal ruling (1996)No. 199, rejecting the appeal, upholding the original judgment, approving the death penalty for intentional homicide and depriving political rights for life. 1June 1996 10 Hugue Gilletu was executed.

Hugue Gilletu's father Li Sanren and mother Shang Aiyun filed a complaint. The Higher People's Court of Inner Mongolia Autonomous Region made a retrial decision of (20 14)00094 on, to retry the case.

During the retrial, the complainant demanded a fair and just judgment on the case as soon as possible. The defender argued that the facts of the original judgment were unclear and the evidence was insufficient, so Hugue Gilletu should be acquitted. The People's Procuratorate of Inner Mongolia Autonomous Region believes that the fact that the original judgment found that Hugue Gilletu constituted the crime of intentional homicide and hooliganism was unclear and the evidence was insufficient, so it should be acquitted through retrial procedure.

After trial, the Higher People's Court of Inner Mongolia Autonomous Region held that the fact that Hugue Gilletu was guilty of intentional homicide and hooliganism in the original trial was unclear and the evidence was insufficient. Supported the complainant's request, adopted the defense opinions of the defender and the opinions of the procuratorate, and ruled that Hugue Gilletu was not guilty.

Vigilance and enlightenment

The main warnings and revelations are:

1. Governing the country according to law and administering justice according to law have a long way to go.

The most fundamental thing to govern the country according to law is to abide by the Constitution and laws, safeguard citizens' basic rights, protect citizens' right to life and health from infringement, and implement citizens' basic rights in practice rather than on paper. Governing the country according to law requires not only unattainable democratic political rights on the glass ceiling, but also real personal rights. Personal rights are the basis of all rights, which cannot be guaranteed and other rights cannot be realized.

The report of the 18th National Congress of the Communist Party of China pointed out that "the rule of law is the basic way to govern the country. It is necessary to promote scientific legislation, strict law enforcement, fair justice, and law-abiding for the whole people, adhere to equality before the law, and ensure that laws are enforced, law enforcement is strict, and violations are prosecuted. " To administer justice according to law is to pursue the social value of justice, persist in taking facts as the basis and law as the criterion, and strive to achieve the unity of procedural justice and substantive justice, and the unity of legal effect, social effect and political effect.

The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) proposed that justice is the lifeline of the rule of law. Judicial justice plays an important leading role in social justice, while judicial injustice has a fatal destructive effect on social justice. It is necessary to improve the judicial management system and the operation mechanism of judicial power, standardize judicial behavior, strengthen supervision over judicial activities, and strive to make the people feel fair and just in every judicial case. We will improve the system of exercising judicial power and procuratorial power independently and impartially according to law, establish a system of recording, reporting and accountability for leading cadres' intervention in judicial activities and handling specific cases, and establish and improve the guarantee mechanism for judicial personnel to perform their statutory duties. We will promote strict administration of justice, adhere to the principle of taking facts as the basis and taking the law as the criterion, promote the reform of the litigation system centered on trial, and implement the lifelong responsibility system for handling cases and the accountability system for misjudged cases.

Judicial requirements according to law must not be based on feelings and impulses. We should conscientiously understand the spirit of "strike hard" and correctly enforce the law. "Strike hard" is not "beating indiscriminately". We must clarify the basic facts and make the basic evidence solid. Only by doing these two things can we make a final decision, otherwise we will make a wrong judgment. Trial is a rational thinking process, an activity of strictly enforcing the law and making a ruling on the object of trial, which directly affects the seriousness of the law and the legitimate rights and interests of the tried. It is necessary to strictly handle cases and protect the defendant's litigation rights. Procedure is the guarantee of justice. Only by strictly following the procedures can we close the facts and evidence from the entity and have a solid foundation for the application of the law. Only in this way can we effectively guarantee the quality of cases and realize rational justice.

From the cases of She Xianglin and Zhao Zuohai in recent years to the case of Hugjiler today, we can see that our country has just started to run the country according to law, and there is still a long way to go to administer justice according to law.

Second, the absence of mutual restraint and mutual supervision by public security organs is invalid.

China's Constitution stipulates: "In criminal proceedings, people's courts, people's procuratorates and public security organs should be responsible for the division of labor, cooperate with each other and restrict each other to ensure the accurate and effective implementation of the law." "Division of responsibilities, mutual cooperation and mutual restraint" is an important principle for public security organs, people's procuratorates and people's courts to exercise their respective functions and powers and handle their mutual relations in criminal proceedings. China's criminal procedure law specifically stipulates: "The public security organs are responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise provided by law, no other organ, group or individual has the right to exercise these powers. " "The people's courts exercise judicial power independently according to law, and the people's procuratorates exercise procuratorial power independently according to law, without interference from administrative organs, social organizations and individuals." In criminal proceedings, the people's courts, people's procuratorates and public security organs should be responsible for the division of labor, cooperate with each other and restrict each other to ensure accurate and effective law enforcement.

In the actual operation of most criminal cases, the three "sister organs" of public security and procuratorial work have more cooperation and less restriction. The three organs bowed their heads and did not look up. The investigators are together every day. How can they restrict each other? There is a popular metaphor in the industry: public security organs cook, procuratorates deliver meals, and people's courts eat. Cooking-delivering meals-eating, China's three courts are like-minded. Tacit cooperation is inevitable, and restricting supervision is rare. I think that the current court organs have heavy utilitarian thoughts, low professional quality and rough interrogation methods; Procuratorial organs always do nothing, do not perform their supervisory duties, and have no rights and obligations; The court can't handle the case independently, and it acts in the blink of an eye. Relationship cases, human cases and task cases abound. Due to the lack of mutual restraint and mutual supervision by public security organs, She Xianglin, Zhao Zuohai, and Hugue Gilletu's unjust, false and misjudged cases emerge one after another.

In the future legislation, we must adhere to the principle of power supervision and restriction to prevent the abuse of public power and direct infringement of the legitimate rights and interests of litigants driven by purpose and task. In the judicial process, "strike first" was changed to "strike and protect equally". According to the constitutional requirements of human rights protection, we should rearrange the relationship between public security and procuratorial organs, highlight the supervision and restriction of power, and implement the principle of mutual restriction and cooperation under the responsibility of division of labor, so as to finally protect human rights in the fight against crimes, better punish crimes and safeguard the fairness and justice of the law.

Third, the ghost of extorting confessions by torture still exists, and procedural justice is in trouble.

Look at the media reports in this regard:

On the morning of May 9, 2065438+00, the Higher People's Court of Henan Province held a press conference to inform the retrial of Zhao Zuohai's case, and determined that Zhao Zuohai's intentional homicide case was a wrong case. On May 8, the court made a retrial judgment: the provincial high court's review ruling and Shangqiu Intermediate People's Court's judgment were revoked, Zhao Zuohai was declared innocent, and Zhao Zuohai was sent to prison yesterday morning.

On 2010 May 1 1 day, the Beijing News reporter interviewed Zhao Zuohai who had just returned to his hometown in Zhecheng County, Henan Province. When answering a reporter's question, Zhao Zuohai cried about the process of being beaten to extract a confession. Let's take a look at Zhao Zuohai's dialogue with reporters:

Beijing News: How do you feel now?

Zhao Zuohai: When I first went to prison, my head was always buzzing and I couldn't sleep. These are all questions left over from my trial.

Beijing News: You spent two days in the police station and more than a month in the county public security bureau. Where were you beaten?

Zhao Zuohai: They were all defeated. Most beaten in the criminal police team.

Beijing News: Do you still remember how I hit you?

Zhao Zuohai: Punching and kicking, from the day he was taken away. Look at the cut on my head. It was hit by the head of a gun and left a scar. They hit me on the head with a small stick like a rolling pin, knocking and knocking, and my hair was dizzy. They also set off firecrackers on my head. I was handcuffed to the bench leg, and when I felt dizzy, they put firecrackers on my head one by one, lit it and blew my head off.

Beijing News: Does it hurt?

Zhao Zuohai: Why doesn't it hurt to wear it directly on your head? Blow it up. Blow it up and you can't sleep. What medicine did they mix with boiling water for me to drink? I don't know once I drink it. Poke me, I can't move, I can't even stand up.

Beijing News: Can you sleep?

Zhao Zuohai: Cuffed to the bench, you won't be able to sleep for more than 30 days.

Beijing News: Can you stand it?

Zhao Zuohai: What should I do if I can't stand it? He told you to die, and so did you. At that time, a person from the criminal police team told me that if you don't confess, open a car to pull you out, stand at the door of the car and I will trample you to death, and then give you a shot, and I will say that you escaped. I was really beaten. Life is worse than death.

I really can't stand playing hardball. I tell you, if I hit you like this, you should admit it. You said Qin Xianglian was a good person, so why did she confess? She struck hard. One day for two days, three days for five days, it won't last long. No matter how hard it is, it can't be recruited.

I said later, stop fighting. I'll say whatever you want me to say.

Beijing News: Have they told you all your confessions?

Zhao Zuohai: They taught me to talk. I began to repeat what he said to me, and when he repeated it, he said I said it. They taught me how to kill Tyrone. Call if it's not right.

She Xianglin, the Times Wave (No.8, 2005), was originally a public security patrolman of Madian Police Station of jingshan county Public Security Bureau. 1994 65438+1On October 20th, She Xianglin's wife Zhang Zaiyu disappeared. On April 1 1 of the same year, a female body was found in a pond in Luchong Village, Yanmenkou Town. Identified by Zhang Zaiyu's relatives, it is said that the deceased conforms to Zhang Zaiyu's characteristics. Accordingly, jingshan county People's Court sentenced She Xianglin to fixed-term imprisonment of 15 years for intentional homicide on June 5, 1998. Later, She Xianglin entered Shayang Prison to serve his sentence, and his detention time has reached 1 1 year. However, on March 28th this year, Zhang Zairong suddenly appeared. The mysterious resurrection of the "dead" wife reveals a serious injustice. "Look at my finger, there is one section left in the prison; Look at my toes, they haven't grown neatly; Look at my legs again. There are scars here, here and everywhere. Can you not be beaten? It's not enough to get hurt. I was beaten at the beginning of the trial, and then I was beaten a lot. I don't know where I went. Now I'm sick all over, my eyesight drops, and my waist, legs and arms hurt.

On April 4, 2005, She Xianglin of Southern Metropolis Daily also recalled to reporters: "They locked me up for ten days and nights, interrogated me in turn, beat and scolded me, and refused to let me sleep. Who can stand it? " "You look at my finger, there has been a lost in prison, you look at my toes, haven't long neatly, you look at my leg, here, here, all scars. Can you not be beaten? "

On May 9, 2003, West Lake Branch of Hangzhou Public Security Bureau received a report. At about 10 in the morning, a female body was found in the ditch of Dongmuwu Village, Liusi Road, Liusi Town, Xihu District, Hangzhou. After investigation by the public security organs, it was found that Zhang Hui and Zhang Gaoping, nephews and uncles of Shexian County, Anhui Province, drove the goods that night and were entrusted to transport the victims.

On April 2, 2004, the Hangzhou Intermediate People's Court sentenced Zhang Hui to death and Zhang Gaoping to life imprisonment for rape. On June 65438+1October 65438+September, 2004, Zhejiang Higher People's Court sentenced Zhang Hui to death, with a two-year suspension and a fixed-term imprisonment of 15 years.

On March 20th, 20 13, Zhejiang Higher People's Court heard the case in private. On March 26th, Zhejiang Higher People's Court publicly pronounced the case, rescinded the original judgment and declared Zhang Hui innocent. At this time, the two men have served for nearly 10 years.

Reporter: You just mentioned that whenever Zhang Gaoping cries to you, you can't sleep all night when he is tortured to extract a confession.

Zhang Biao: He has a cigarette burn mark on his arm. Both arms. He showed it to me and I saw it, too.

Zhang Gaoping: But seven days and seven nights are not like me sitting here talking to you. I'm going to stand here for seven days and seven nights without giving me food. I ate half a box of lunch. For seven days and seven nights, he not only stood there like this, but also fucked you and tortured you. He didn't stop you from sleeping, but let you squat down with your hands cuffed behind your back like this. I really can't stand it. When I said I killed someone, he asked me how you killed her, and I talked nonsense. I said I killed her with a hammer and wrench.

As the most primitive and barbaric interrogation method, extorting confessions by torture is despised by civilized society, and procedural justice is in a difficult situation, which is bound to be the main problem we face squarely.

China needs the rule of law, ordinary people need the rule of law, and state functionaries need the rule of law, the Chinese dream, the dream of the rule of law and the dream of justice!

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