An old man suddenly dies while protecting a tree, and a woman becomes a murderer? The case is repeated, where to go? (Next)
Previously:
Part 1:The old man suddenly dies while protecting the tree,and the woman becomes the murderer?The case is repeated,where to go?
Lawyer Xu led the criminal defense team to follow Li Mei to the scene of the crime.Through on-site inspection,it was found that the location of the crime was very narrow and long,allowing only two people to walk side by side.On the left side of the incident,there was a low wall built with tiles,and on the right side was a shallow ditch.According to Li Mei,nearly a dozen people present at the time of the incident had conflicts.
Based on the on-site situation,the lawyer believes that in the conflict situation at that time,personnel were densely positioned,and physical contact and collision were inevitable during the conflict.However,the subsequent multiple skin injuries and abrasions also confirmed this assumption.The trees that were cut and repaired at the site of the incident were not all standing on a neighbor's plot or planted there,but were naturally growing wild trees.
Case discussion and major doubts found:
After seeing the scene,lawyer Xu and the criminal defense team immediately went to the procuratorate to submit the defense agency procedures and review the papers.Through reviewing the papers,the lawyer found that the case spanned more than three years and involved multiple civil lawsuits.The criminal part involved multiple procedures such as forensic identification,non filing,supervision and filing by the procuratorate,re filing,re investigation,and bail pending trial,which were complex.After studying and judging,the team launched a collective discussion mechanism.Under the guidance of the team director,Lawyer Liu Ruxiang,they compared and discussed various types of evidence involved in the case,such as autopsy reports,witness testimony,on-site photos,and civil litigation court records,reaching consensus,and discovered many previously overlooked doubts and issues.
In addition,with regard to autopsy reports,the criminal defense team also specializes in consulting with senior chief forensic doctors who have been engaged in forensic expertise for many years.Expert forensic doctors have provided many insightful opinions on autopsy reports of special physical homicides,providing a solid theoretical basis for subsequent defense work.
After various assistance and discussions,Mr.Xu drafted a thick defense opinion and prepared to submit it to the procuratorate.
Submission of defense opinions and prosecutorial interaction:
At the end of May 2019,Mr.Xu submitted his first defense opinion to the Procuratorate,raising the following issues:
First,the autopsy report confirmed that the victim had multiple extradermal injuries and abrasions throughout his body,not only on the head,but also on his limbs,especially his lower limbs.Where did these injuries come from?
Second,directly accusing Li Mei of having evidence of snatching a crutch and causing the victim to fall to the ground and head injury,only the confession transcript of the victim's granddaughter,without anyone else's identification,is an isolated evidence;
Third,when a close relative of the victim identified the victim and saw someone else step on the victim at the time of the crime,the public security did not verify it;
Fourth,it is impossible to rule out the causal relationship between sudden death on the second day and the delay in treatment by the victim's family,and the autopsy report does not demonstrate the impact of this factor;
Fifth,sudden death occurs on the second day,more than 24 hours after the incident,and the induction of emotional stress and pain is objectively blocked by time.The causal relationship cannot be directly established.
After listening to the lawyer's defense opinions,the prosecutor attached great importance and said that in response to these issues raised by the lawyer,he would request the public security organ to conduct supplementary investigations and strive to restore the course of the case.
The procuratorial committee deliberated and justice was present:
As expected by lawyers,after the expiration of the first review period,the case was returned to the public security organ for supplementary investigation.During the supplementary investigation,lawyer Xu led a team to the public security organ to follow up the case,actively and effectively communicated with the public security organ,and raised relevant doubts.The public security organ stated that it would handle the case fairly and actively investigate.
After that,after the supplementary investigation period expired,the public security organ again transferred the case to the procuratorate.After reviewing the paper,lawyer Xu added his defense opinions to the evidence for supplementary investigation.After repeating this,the case was twice returned to the public security organ for supplementary investigation,and the lawyer successively submitted two defense opinions to the procuratorate.
At the same time,the victim's family members also participated in the case and expressed their request to the procuratorate to pursue Li Mei's criminal responsibility.In view of the large differences of opinion between the two sides and the doubtful evidence,the prosecutor finally decided to transfer the case to the procuratorial committee for discussion.During the discussion,the lawyer actively communicated with the prosecutor and expressed his defense views,suggesting that the procuratorate handle the case impartially and make a decision not to prosecute it.
The lawyer and Li Mei are both waiting for the final result.
"Non prosecution decision,acquittal closure:"
On November 11,2019,the results finally came down.
The procuratorate informed Mr.Xu that after discussion,the procuratorial committee finally decided not to prosecute the case.
This day is Double Eleven,a special day.
For Li Mei,it is a day that will be remembered in her heart."Never before has she deeply realized the value of freedom and the value of fairness and justice.".
Conclusion:
A sudden neighborhood dispute has led to disputes between the two parties and their families for more than three years,and many people have lost many valuable things.But I want to say that it has also taught many people the true meaning of law-that law is always present.
"People are doing it,and the sky is watching it.Isn't it true that the law is not?"?
May everyone be able to act in the sun and enjoy the warmth of the sun.
Gao Peng,I am willing to protect a piece of sunshine for you.
(This article is translated by software translator for reference only.)
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