"In public, the police must not have the above behavior." Liu Jinrun, a policeman on duty at Longcheng Police Station of Xiaodian Branch of Taiyuan Public Security Bureau, said that the shooting angle of online photos was taken from the side and rear of the police, which led to the visual error of stepping on a woman's hair. The uploader took it out of context and deliberately misled the majority of netizens.
Xu Long, deputy director, admitted that the incident occurred in the jurisdiction of the institute, and Wang Wenjun, a policeman involved, also belonged to the institute. However, since the procuratorate has been involved in the case, the relevant details are temporarily inconvenient to disclose.
The nephew and daughter-in-law of the deceased Zhou provided a video of 3 minutes and 44 seconds. In the video, a policeman stood beside Zhou's head. He could clearly see that his hair was trampled under his feet and recorded the details of the policeman changing his feet from left to right.
20 14, 14 On February 26th, Taiyuan City People's Procuratorate disclosed that the xiaodian district People's Procuratorate of this city received a report from the public security organ about 19 on the day of the crime, claiming that the police in Longcheng Police Station had "died abnormally" when handling the police situation. Only three hours before the death is confirmed.
The procuratorial organ has filed a case for investigation.
2065438+On the evening of February 26th, 2004, Taiyuan Public Security Bureau issued a circular saying that the public security organs will fully cooperate with the procuratorial organs, resolutely deal with the police's violations of law and discipline according to law, and will never tolerate them. The city's public security organs will take this as a warning, draw inferences from others, strictly purge the ranks, strengthen the awareness of the rule of law, comprehensively rectify and standardize law enforcement duty behaviors, strictly observe work discipline, and resolutely put an end to such problems.
On the evening of February 26th, 20 14, the police informed that on February 26th, 20 14, 12, 13, an abnormal death occurred in the police station of longcheng, Xiaodian Branch of Taiyuan Public Security Bureau ("12.6438"). At the same time, the bureau leaders immediately led the inspection department to investigate and made a decision to stop performing their duties according to regulations.
For the incident, the notification has the following statement: On the same day, Zhou et al. 10 more than 0 Henan migrant workers were preparing to return home the next day and needed to go back to their residences to sort out their luggage. Without wearing a helmet, he entered the construction site and had an argument with the security guard. During the police handling, they had a physical conflict with the blocked Zhou. They were suspected of violating the relevant regulations of the public security organs for receiving police and improper handling, which led to Zhou's abnormal death.
Netizen "sincere and small emotions" said that law enforcement is the bottom line requirement, and more respect, tolerance, protection and care for vulnerable groups is the proper meaning of modern rule of law civilization. The netizen "XXX 123love" in a forum said that it is unfortunate to get back the hard-earned money at the expense of life. Fortunately, the general environment of governing the country according to law can't tolerate bad police. Netizen "Li Haifeng" questioned the angry police. Facing the problem of migrant workers asking for wages, he said it was so violent and hurt people's hearts if he didn't solve the problem.
Why should we file a case for alleged abuse of power instead of intentional injury?
After the "12 13" case, * * * three policemen involved in the case were put on file for investigation, all of whom were accused of abuse of power. Some netizens questioned that there were deaths of migrant workers in the case, and the charges set by the prosecution when filing the case were too light. Why not pursue the responsibility for the crime of intentional injury, and whether there is any escape to excuse the police involved?
Zhou Maoyu, Procurator-General of Taiyuan People's Procuratorate, responded: "What kind of charges are put on file for investigation depends on the evidence of the case. The available evidence shows that Wang, a policeman involved in the case, violated the law enforcement regulations of the public security organs and abused the law enforcement power during the police, which led to Zhou's abnormal death and caused a bad social impact. Therefore, his behavior has met the conditions for filing the crime of abuse of power. "
"If you file a case for intentional injury, the premise is to obtain a forensic expert conclusion, which proves that there is a legal causal relationship between Zhou's death and the behavior of the policeman Wang involved. The law clearly stipulates that an autopsy is required to find out the cause of death, but no autopsy has been carried out so far. " Zhou Maoyu said.
According to reports, in order to ensure fairness and justice, the relevant parties in Taiyuan communicated with the families of the deceased many times, and provided the families of the deceased with four well-known judicial authentication institutions outside the province to choose from, and agreed that the families could designate other legal authentication institutions by themselves. We are negotiating with our families to get their consent for autopsy as soon as possible, so as to obtain the key evidence needed for handling the case as soon as possible.
Zhou Maoyu said: "I fully understand the pain of the victims in losing their loved ones, and I am also very indignant at the occurrence of such a serious incident. I also fully understand the feelings of people who want to handle cases seriously and quickly, but procuratorial organs must handle cases according to law. The existing evidence can only be filed for investigation on the crime of abuse of power. After the results of corpse inspection and appraisal come out, if intentional injury or other crimes are involved, they shall be investigated together according to law. "
Why did the victim identify a number of policemen who beat people, and the procuratorate only filed a case for investigation on three of them?
The procuratorate of Taiyuan organized other victims in the case of "12 13" to identify the police involved. Relatives of the deceased Zhou and others said that many policemen involved in the case had been identified at that time, but why did the procuratorate only file a case for investigation on three of them?
"Everyone is equal before the law, and any illegal and criminal acts must be investigated according to law." At the press conference, he said, "The procuratorial organs put Guo Ren on file for investigation because they have more conclusive evidence. We are screening the rest of the police one by one, and we must resolutely investigate and deal with those suspected of committing crimes according to law and will never tolerate them. "
The public security organs of Taiyuan City also indicated that they will actively cooperate with the procuratorial organs to carry out investigations, and will never shield or protect the police who violate the law and discipline. Check the violation of laws and regulations by the police involved in the whole case. Further intensify the investigation, and severely deal with those responsible for the case, no matter what level, who and how many people are involved, and release the investigation and handling results in time.
When can the investigation be closed?
At the press conference, some media asked, "It has been more than ten days since the incident. When will the investigation end? " ?
Zhou Maoyu said that since the "12 13" case occurred, police officers from the task forces of the procuratorial organs in Taiyuan and xiaodian district have been investigating and collecting evidence day and night. * * * Collected 48 fixed documentary evidence, 46 witness testimonies, 4 statements of criminal suspects 14, recorded and recorded 18 times on 36 compact discs 17 hours, and interviewed a large number of people. Procuratorial organs will uphold a comprehensive, objective and fair position and find out the truth as soon as possible according to law. In the process of handling the case, the procuratorial organ of Taiyuan City will release the case progress information in time according to the relevant regulations of the Supreme People's Procuratorate.
"As the attorney general, I will be highly responsible for the people, the law and the parties to the case, and make this case an ironclad case that can stand the test of history and law. Here, I solemnly promise you that I will be responsible for the case I handle for life! " Zhou Maoyu said.
Thirty-two people, including the police, participated in the complaint filed by the families of the dead peasant women in Shanxi.
Dynamic 1
After the autopsy, the family witnessed the whole process.
On the afternoon of October 5th, 65438/KLOC-0, Zhou, who had been lying in the freezer of the mortuary of Taiyuan Armed Police Hospital for more than 20 days, was carried out of the hospital. Outside the autopsy room of another hospital in Taiyuan, Zhou's husband and children were blocked out.
It is reported that, entrusted by Taiyuan People's Procuratorate, Professor Liu Liang of Hubei Tongji Forensic Medicine Judicial Appraisal Center and his team of eight experts are responsible for testing the cause of Zhou's abnormal death and the degree of Wang Youzhi's injury. The People's Procuratorate of Taiyuan City informed the family members of the deceased to witness the scene according to law, and synchronized audio and video recording of the whole process of corpse inspection. Considering the great influence of the case, the procuratorial organ obtained the consent of the parties in the process of entrusting the appraisal unit and appraiser according to law. The family finally selected the Hubei Tongji Forensic Medicine Judicial Appraisal Center from a number of appraisal institutions.
Jin Xinfeng, the nephew of the deceased at the autopsy site, said in an interview with Dahe Daily, "I went in to see the autopsy. I started thawing for autopsy at 2 o'clock in the afternoon, but because the body was frozen for too long, the autopsy was interrupted for more than an hour until 7 o'clock that night. "
Dynamic 2
Public interest lawyers file criminal charges.
After the death of Henan female migrant workers in Taiyuan, Dahe newspaper reported the news for the first time and sent reporters to Taiyuan to follow up the matter. Many enthusiastic lawyers from all over the country contacted the families of the victims through Dahe Daily reporters. Yesterday morning, Zhou's family signed a power of attorney with a number of public welfare lawyers, entrusting a number of lawyers to form a lawyer group to represent the case. These three lawyers are Cheng Hai from Beijing Wutian Law Firm, Wang Daogang from Shandong Quanshun Law Firm and Li Jinsong from Beijing Yitong Law Firm. After the lawyer arrived in Taiyuan, he conducted multi-party investigation and evidence collection.
Yesterday afternoon, a number of lawyers rushed to the Shanxi Provincial Procuratorate with migrant workers who were beaten by Li Kang and others at the police station, and submitted a criminal complaint entitled "Please seek justice for the salaried female worker who was killed by the police". Yesterday afternoon, the Shanxi Provincial Procuratorate accepted the complaint according to law and stamped the official seal on it.
The indictment involved 32 people.
In the indictment, Dahe Daily reporter saw that 32 people were charged: Wang Wenjun, the number one, had been arrested. Originally a policeman of Longcheng Police Station of Taiyuan Public Security Bureau, he is now detained for abusing his power.
The second defendant was Guo Tiewei, the former policeman of Longcheng Police Station of Taiyuan Public Security Bureau. The charge of being detained is also abuse of power.
Dahe Daily reporter saw 32 people in the complaint, "still collecting the evidence of the other two." The lawyer said.
1
It is required to investigate the criminal responsibility of 32 people for intentional homicide (indirect intentional), intentional injury and illegal detention according to law.
○ Think that two policemen are suspected of intentional homicide.
Man-Gwan Wong
According to the complaint, the existing evidence is enough to conclude that the defendant beat Zhou to the ground around 14+02+ 13, and others could not help him at that time, so the consequences of Zhou's death at any time were foreseeable by ordinary people.
I have been stepping on Zhou's hair. Until 18: 27 was diagnosed by the emergency center, Zhou refused to rescue him and let him die.
His behavior has a causal relationship with Zhou's death, from intentional injury to intentional homicide, which constitutes the crime of intentional homicide. He played a major role in Zhou's death and was the principal offender.
Guo tiewei
According to the indictment, Guo Tiewei participated in the beating of Zhou and was obliged to rescue Zhou in time. Because she was not rescued, she died, which has a legal causal relationship with Zhou's death and is also suspected of intentional homicide. Because of secondary responsibility, he is an accessory.
legal ground
Criminal responsibility for the crime of intentional homicide shall be investigated in accordance with the provisions of Article 232 of the Criminal Law. (The lawyer believes that according to the above evidence and facts, the autopsy may determine the direct cause and time of Zhou's death more accurately, without affecting the filing of this crime. )
○ Think that many policemen are suspected of intentional injury and illegal detention.
Several policemen, including the director.
According to the indictment, Guo Tiewei broke Wang Youzhi's six ribs with his foot at the police station, which reached the filing standard of intentional injury. He is the principal offender, and Wang Wenjun assists him as an accessory.
legal ground
Whoever intentionally hurts shall be investigated for criminal responsibility in accordance with the provisions of Article 234 of the Criminal Law; If the circumstances are bad, a heavier punishment shall be given according to law.
According to the indictment, migrant workers asked for wages, and the police knew that they did not commit crimes, as well as Guo Tiewei, the factory director Zhang (with leadership responsibility) and Longcheng brand.
Many other police officers who left prison still illegally restricted the personal freedom of the four victims 1 1 hour, and were handcuffed and beaten.
legal ground
The crime of illegal detention shall be investigated in accordance with the provisions of Article 238 of the Criminal Law. The above-mentioned personnel are all staff members of state organs and should be severely punished according to law.
Three aspects of criminal appeal
2
It is required that the procurator-general of Taiyuan Procuratorate and the procurator-general of Taiyuan xiaodian district Procuratorate be investigated for dereliction of duty according to law.
Two district attorneys general
According to the complaint, it took 13 days from the death on the week of February 65, 1965 to the filing on February 26, 65438. Xiaodian district Procuratorate and Taiyuan Procuratorate received a report from Xiaodian Public Security Bureau on February 13, and received a report from Zhou's family on June 14, requesting videos, witness testimonies, video screenshots, etc. On February 16, it was learned that Wang Youzhi was diagnosed with three rib fractures (later confirmed as six) by the Armed Police Hospital. It was not until 65438+February 26th that the video of Zhou's hair being trampled and pulled was widely spread on the Internet for the first time. On the same day, the case was hastily filed, and it was filed for abuse of power, which was far from the suspected criminal facts.
legal ground
The above-mentioned failure to perform duties according to law has caused a bad social impact and is a serious dereliction of duty. Wang Hongliang, Procurator-General of xiaodian district Procuratorate, and Zhou Maoyu, Procurator-General of Taiyuan Procuratorate, are mainly responsible for this and should be investigated according to law.
three
It is required to report to the higher level procuratorate to decide that this case is under the jurisdiction of the Henan Provincial Procuratorate.
According to the complaint, the case involved four types of crimes committed by the staff of state organs using their powers, involving as many as 32 people, which was a major criminal case.
In order to ensure the fair handling of cases according to law, it should be under the jurisdiction of procuratorial organs. Due to the serious dereliction of duty of Taiyuan City Procuratorate, it cannot be guaranteed to handle this case according to law and should not continue to be under the jurisdiction of this case. Zhou Maoyu, Procurator-General of Taiyuan City Procuratorate, 199 1 has worked in Shanxi Provincial Procuratorate so far, and has served as director of the anti-corruption bureau and member of the party group. 20 12 Shanxi Provincial Procurator-General submitted to the Standing Committee of the Provincial People's Congress for approval as the Procurator-General of Taiyuan City Procuratorate.
I am afraid that the case is under the jurisdiction of the Shanxi Provincial Procuratorate and it is difficult to handle the case fairly. The plaintiff requested the Shanxi Provincial Procuratorate to request the superior procuratorate to designate the jurisdiction of the Henan Provincial Procuratorate where the victim's household registration is located.
(Dahe Daily)