(of a crime) occur
Du, a native of Liaocheng City, Shandong Province, was born in May 1989, 1967. 1985 In September, he was admitted to Yunnan Public Security College to study criminal investigation. /kloc-0 graduated in July, 1988 and was assigned to work in Yunnan Public Security Bureau of Civil Aviation. /kloc-0 married Wang Xiaoxiang in June, 1994, and then transferred to Kunming Public Security Bureau for compulsory detoxification to 198.
65438+1At about 20: 00 pm on April 20th, 1998, Wang Xiaoxiang and Wang Junbo chartered a police minivan with the number plate Yun O A0455, and joined with three criminal gangs, Yang and Teng Diandong to drive the minivan to find the target. Yang Tianyong and others, after discovering the "Two Kings" and the police car, pretended to be anti-drug policemen, handcuffed the wrists of the "Two Kings" and robbed them. Later, they killed the "two kings" with Wang Junbo's gun (Qiqi style, gun number 1605825), and then Yang Tianyong drove a police car to the north gate of Kunyuan Zoo to dump his body and escape.
That night, Du called his wife Wang Xiaoxiang many times, but no one answered. This situation aroused Du's suspicion. The next day, on 2 1, Du was not interested in going to work, so he asked for leave to go to Kunming to find his wife (Du's work place is about 30 kilometers away from downtown Kunming). After running all day, there is still no news. On the afternoon of the 2nd, Du was arrested by the 3rd Brigade of Criminal Investigation Detachment of Kunming Public Security Bureau.
extort a confession
After being trapped, Du was sent to the Criminal Investigation Detachment of Kunming Public Security Bureau. After being searched, several policemen took him to a big office on the fourth floor of the detachment and let him sit there until 5 pm before handing it over to the task force.
In the task force, Du was repeatedly questioned about the activities on April 20, and then he was not allowed to sleep for three days and three nights to illustrate the problem. From the afternoon of April 22nd to May 2nd, he was detained for questioning 10 days. In the meantime, the policeman Du repeatedly asked the police handling the case about the legal procedures for detaining him, and the other party only gave him a "summons card".
Du said that a summons can only detain me for 12 hours at most, but you locked me up for 10 days and nights, and could not come up with other legal procedures. Why are you detaining me? The case handler actually said, "If you want to detain you, you will be detained. What legal procedures are needed? " During his detention, Du learned about the shooting of Wang Xiaoxiang and Wang Junbo from the police handling the case.
After 10 days of examination, due to the lack of much progress in the case, the case-handling personnel had to send Du to his unit, Kunming Compulsory Detoxification Center, for disguised detention. At the same time, the task force did not relax for a moment. Because Du has many doubts as a murder suspect, and there is no direct evidence.
Therefore, the police used the most advanced scientific and technological means of criminal investigation in Yunnan Province since the founding of the People's Republic of China, from police dogs, lie detectors, Raman tests (detecting shooting residues) to the determination and analysis of trace elements in soil minerals. Not to mention the traditional routine detection methods. In addition to the above-mentioned criminal investigation methods, some departments also use the means of extorting confessions by torture (as can be seen from the dented scars and torn clothes on Du's wrist and his accusation of extorting confessions by torture). Under the strong pressure of unbearable psychological and physical pain, Du had to admit his murder and "tell" a whole set of "plots" of cheating and shooting people.
preliminary examination/check
1998 12 17 Kunming Intermediate People's Court held a hearing on Du's intentional homicide. Shortly after the trial, Du showed the court the scars left by the case handlers on his wrists, knees and feet, accused the case handlers of extorting confessions by torture, and asked the public prosecutor to show the photos taken by the resident prosecutor in the detention center on July 29 to prove that he was tortured, but they were all ignored. Du's defense lawyer also pleaded not guilty and raised four questions.
Liu (Du's defense lawyer)
1.
Du's confession was obtained by torture.
2.
There is no evidence to prove that the defendant Du has the subjective motive of intentional homicide.
3.
There is no evidence that Du has committed the crime of intentional homicide.
4.
There is no evidence in this case to explain some situations that need evidence, indicating that the basic facts of this case are unclear.
Faced with the lawyer's question, the public prosecutor proposed that it was necessary to adjourn the court for supplementary evidence collection, so the court adjourned for the first time in the first instance.
199965438+1October 15 The Japanese case was reopened. In order to attract the judge's attention, Du quietly hid a set of clothes that broke when he was tortured to extract a confession at his waist. Shortly after the trial, he once again raised the issue of extorting confessions by torture.
Also make
The last resort is to pull out torn clothes in front of judges, prosecutors, lawyers and hundreds of spectators to prove that he was tortured to extract confessions, and that his past confession of guilt was forced, so it was invalid according to the law, but everything he did was ignored by the court.
1On February 5, 1999, Kunming Intermediate People's Court sentenced Du to death and deprived him of his political rights for life.
second trial
Out of the instinct to survive, Du Yu 1999 appealed to the Higher People's Court of Yunnan Province on March 8, saying that "there is no evidence to prove the motive for killing; Extorting confessions by torture and handling cases illegally; The evidence in this case is insufficient and there are many doubts. I hope that the Provincial High Court will seriously review and not ignore human life. On April 6, defense lawyers Liu, Liu, Liu and Liu submitted a defense of the second instance to the Yunnan Provincial High Court, refuting the judgment of the court of first instance.
1999101On October 20th, the Higher People's Court of Yunnan Province finally sentenced Du to death with a two-year suspension. Du was then put into the first prison in Yunnan Province to serve his sentence.
Half of my innocent family was destroyed by criminals and half by judicial corruption. How sad it is to pin the hope of exoneration on the real murderer after being wronged. -Du's suicide note on August 6th 1998
The real murderer appeared.
On June 17, 2000, the public security organs in Kunming cracked the case of a mega-murder gang headed by Yang Tianyong, a railway policeman. When the safe was opened, the relevant personnel who had handled the Du case were shocked, and the "July 7" pistol that caused the "two kings" to die was lying in the safe! At this point, Du's grievances were completely washed away.
Yang Tianyong
On July 6, 2000, he was acquitted by the Higher People's Court of Yunnan Province and released in court. On July 1 1, Kunming Public Security Bureau reinstated Du, who was dismissed on March 7, 2000, with document J&F (2002) 12. At the same time, Du's party membership and salary and welfare benefits have also been restored.
postscript
Du Wupei case,
It has aroused great concern from all sides. Chen, an associate professor at the Law School of Yunnan University, pointed out that Du's case is a typical case of extorting a confession by torture, and the judicial department should draw inferences from other cases, learn a profound lesson, and strive to improve the legal quality and ideological quality of judicial personnel.
Continuously promote the process of governing the country according to law.
.
In order to prevent such unjust, false and wrong cases from happening again, Yunnan Provincial Public Security Department has set up six lines of defense.
1. When taking measures such as detention, interrogation, criminal detention and forced summons, the public security police must act in strict accordance with the law, and the person in charge of the case-handling unit and the person in charge of the legal department should be responsible for this work.
2. When interrogating a criminal suspect, two or more policemen must be present. If the police present do not stop extorting confessions by torture, they shall be jointly and severally liable.
3. In the place where the police interrogate the criminal suspect, a warning slogan "No extorting confessions by torture" must be written in a conspicuous position.
4. Anyone who is new to the supervision place must have a physical examination, and report immediately if he is suspected of extorting a confession by torture.
5. Carry out democratic life meetings to prevent extorting confessions by torture, and handle all aspects of reports of extorting confessions by torture in a timely manner.
6. Strictly manage the police and strictly enforce the law. Cases of extorting confessions by torture that have occurred must be promptly investigated and dealt with according to law.
The police who participated in extorting confessions by torture in the Du case were also punished by law.
On August 3rd, 20001year, the Wuhua District People's Court of Kunming sentenced him to extorting a confession by torture. Qin Bolian, the former political commissar of the Criminal Investigation Detachment of Kunming Public Security Bureau, and Ning Xinghua, the team leader, were sentenced to fixed-term imprisonment of 1 year, suspended for 1 year and suspended for 2 years.