A complaint refers to a complaint filed by a party in a criminal case, the victim and his or her family, or other citizens or a party in a civil case or their legal representative, who believes that there is an error in a legally effective judgment or ruling and refuses to accept it. , file a complaint with the People's Court or the People's Procuratorate (criminal case), requesting re-examination of the pleadings in the case.
The complainant Zeng Moumou, born on December 17, 1953, Han nationality, Chinese herbal medicine doctor; phone number 18373××1698.
The complainant filed an appeal against the Criminal Judgment No. 49 (2000) Lianyuan City People’s Court of Hunan Province.
Facts and reasons:
1. The complainant’s complaint complies with Article 242, Item (2) of the Criminal Procedure Law of the People’s Republic of China. The evidence on which the conviction and sentencing is based is unreliable, insufficient, and should be excluded in accordance with the law, or there are contradictions between the main evidence proving the facts of the case;
The judgment stated that “it was found after trial that 1. adultery . On July 28, 1999...the next morning, when Xiao wanted to go home, the defendant Zeng refused to allow Xiao to go home, and...forcibly had sex with Xiao." The verdict stated that the People's Procuratorate alleged that after the rape on the morning of July 29, Xiao struggled to escape and fled.
There is no evidence for this finding. Xiao Moumou's report record at the police station on the morning of August 3, 1999 (Public Security Volume 2, page 20, lines 17 to 18) Xiao Moumou said that he came to Zeng Moumou's house on July 28 and stayed for four days. , did not go home until the afternoon of July 31st. Also, on page 21, line 8, of Volume 2 of the Public Security Volume, Xiao Moumou stated, "The night of July 28 was adultery; on page 21, line 17, Xiao Moumou stated, "7 It was adultery on the night of July 29th; line 12 on page 22, where Xiao Moumou stated that the night of July 30th was adultery, proves that the so-called adultery was made out of nothing, and the procuratorate’s accusation that “Xiao Moumou struggled to break away and fled” after the rape on July 29th was even more groundless. Fabrication.
On page 46 of the court volume, witness Long Shaosha (Xiao Moumou’s husband’s brother) said that if a person speaks according to his conscience, they are committing adultery. We have heard that Xiao Moumou has committed adultery. Divorced her husband Li Diqing. He proved that Xiao was a woman with an open personality and her husband could not control her.
The judgment found that the complainant "forcefully insulted women. The defendant Zeng Moumou had." He had several sexual relations with the victim Xiao Moumou... and took several nude photos of Xiao Moumou. On the evening of August 1, 1999, the defendant Zeng Moumou took the nude photos of Xiao Moumou. Showed it to Xiao Yonghua and other villagers in Jianxin Village, Hetang Town, Lianyuan City, and spread words that slandered Xiao."
The nude photos were taken voluntarily by Xiao Moumou to take artistic photos. The evidence is in Volume 77 of the original court. Page: Xiao Moumou wrote on July 15, 1999: "If Li Diqing (her husband) comes to sue for trouble with the People's Court, all responsibilities will be borne by Xiao Moumou himself" in the original court volume 80 and 81. There is a nude photo of Xiao Moumou with a natural smile on page 11 of Volume 2, lines 3 to 6, where Xiao Moumou admitted that he would wait until July 17 for the nude photos to be developed and then take away two of them; The reason for taking nude photos was that she wanted to express her determination to marry the complainant, agreed to take nude photos as a commemorative work of art, and promised that if she broke her promise, she would be legally responsible. The written evidence was used as evidence. The verdict stated that "binding" and "forced" "There is no evidence to support it. The judgment stated that the complainant showed the nude photos to Xiao Yonghua and others. Only Xiao Yonghua, one of the five witnesses in the case, testified that he saw Xiao's nude photos. He said that he and Li Guoguang looked at the nude photos together, but Li Guoguang is Xiao Moumou's uncle. His testimony stated that he did not see any nude photos (Public Security Volume 2, page 49), which proves that Xiao Yonghua's testimony is perjury.
The complainant and Xiao Moumou have been living together since April 1998. At first, the complainant was seeing a doctor for her husband. The complainant’s home was more than 15 kilometers away from Xiao Moumou’s home. He sometimes lived in her house and had sex many times. Relationship. Her husband also knows. On pages 47 and 50 of Volume 1 of the Court, Long Shaoshao and Peng Juqing testified that the complainant slept with Xiao Moumou on their bed at night at her home, and her husband slept on the summer bed in the living room.
In December 1998, Xiao Moumou stole 5,000 yuan from the complainant. After the complainant found out, she admitted it and wrote an IOU (the evidence is in the Public Security Volume 2, page 52). Therefore, the complainant proposed to break up with Xiao Moumou. The evidence is in the Public Security Volume 2, page 59, line 6. Xiao Moumou’s mother Li Chang’e said: “On the 17th of the first month of this year (1999), my daughter Xiao Moumou returned to her parents’ home. I saw her eyes protruding and her face looking very bad. , asked her why, she said that Zeng broke up with her.” On pages 24 to 26 of the re-examination volume of another evidence, Dr. Peng Qianxian of the Section Group of Huazhong Village, Yang City, testified that he went to the complainant’s home for rescue in the first lunar month of 1999. Xiao Moumou, it was proved that there were marks on her neck (hanging).
Three months later, Xiao Moumou came to live at the complainant’s house again and refused to leave. On May 15, 1999, Xiao Moumou stayed at the complainant’s house and wrote in the complainant’s notebook, “Dear My close friend, I can't live without you, my dream has come true, I can't break up with you"... ***Fifth article (evidence is on pages 75 and 76 of the court volume).
This case is completely false, because Xiao Moumou spent more than 20,000 yuan on the complainant in more than a year, especially in 1999, Xiao Moumou borrowed 8,000 yuan from the complainant. Not wanting to pay back the money, he falsely accused the complainant of raping and insulting women.
2. The complainant’s complaint complies with Article 242 (4) of the Criminal Procedure Law of the People’s Republic of China, which states that “violation of legal procedures may affect fairness.” Trial;
1. According to the litigation procedure, the case should be reported, filed, investigated..., but in this case, the investigation was conducted first, the evidence was extracted, and then the police instructed Xiao Moumou to report the case (the evidence is in Public Security Volume 2, 12). Page 33.
2. The 53rd page of the second volume of the Public Security Bureau proves that the complainant was detained on August 6, 1999, and the 13th page of the detention certificate of the first volume of the Public Security Bureau proves that the complainant was detained on August 13th. The complainant was illegally detained for seven days before being detained.
3. Before being detained, the complainant was interrogated four times on August 6, 7, 8, and 11, including the night of August 7. , public security investigator Liu Ziguo broke two of the complainant's ribs (the evidence is testified by Ouyang Cheng, the director of the Hetang Town Central Health Center on page 65 of the court volume; and Mao Wenhui, the doctor who took the film, is certified on page 67 of the same volume)
In order to cover up the truth of the torture and confession, investigator Liu Ziguo forged the X-ray report "No. 1 of the chest radiograph was on August 12, 1999, and the date of signing was August 9. It is impossible to see August on August 9." The photo taken on the 12th (Public Security Volume 2, page 68) is therefore obvious perjury. Look at the same photo taken on August 6, 1999 (Public Security Volume 2, page 67). The doctor was too cowardly to sign. The purpose of Liu Ziguo's fraud was to prove that the complainant's two ribs were not broken by him, but by Xiao's family members during the transfer; Public Security Bureau Interrogation Transcript Volume 2 (page 4, 2 a.m. on August 7) Points):
Question: Where are you injured now?
Answer: There are no major injuries, just body pain (muscle pain), no bone injuries.
< p> Prove that the two later broken ribs were broken by torture.4. On pages 31 and 32 of the court’s retrial file, witnesses Yang Esheng (the complainant’s half-sister) and Liu Fu’e (complaint). The complainant’s cousin) and Liu Jusheng (the complainant’s defender in the first trial) testified that the complainant called his family to ask his family to hire a lawyer to appeal for him, but the court falsely stated that the complainant would not appeal, which essentially deprived the complainant of his right to appeal.
5. The police extracted 34 pages of the letter written by the complainant to Xiao Moumou (page 33 of the second volume of the public security volume). There were only 6 pages in the court file. The part that was beneficial to the complainant was removed by the police. Or the court conceals or destroys it.
3. The complainant’s complaint is dismissed after being ordered to be retried. It is obvious that he knows that it is a wrong case or a false case and refuses to admit the mistake and correct it.
On May 18, 2006, the complainant filed a complaint with the court of first instance. On September 18, the Lianyuan Court rejected the complaint with the (2006) Lian Xing Jian Zi No. 02 Notice of Rejection of Complaint. The complainant continued to appeal on January 29, 2007. The Loudi Intermediate People's Court (2006) Louzhongjian Zi No. 256 "Response to Complaint Notice" stated that the complaint was justified, ordered the Lianyuan Court to retrial, and issued (2006) Louzhongjian Zi No. 256-1 "Retrial Decision". Lianyuan City People's Court (2007) Lian Xing Zai Zi No. 01 Criminal Ruling "Rejected the complaint of the defendant Zeng Moumou in the original trial." After Zeng appealed, the Loudi Intermediate People's Court rejected the appeal and upheld the original verdict. On May 30, 2008, the Loudi Intermediate People's Court filed the complaint again. On November 4, the Loudi Intermediate People's Court of Hunan Province issued (2008) Louzhongjianzi No. 74 "Retrial Decision". The decision was made by This court will review the case again. On December 15, 2008 (2008), Lou Zhongxing Zaizhongzi No. 4 Criminal Ruling also ruled to reject the complaint. In April 2010, the complainant submitted a complaint and five copies of court files to the Hunan Provincial Political and Legal Affairs Commission's Legal and Litigation Issues Working Group. In June 2010, the Political and Legal Affairs Commission notified the complainant by phone that the complaint was justified and therefore supervised the handling. The case shall be submitted directly to the Provincial High Court for trial. The Provincial High Court delayed the case for eight months before rejecting the complaint with (2010) Hunan High Court Criminal Supervision No. 0020. The Supreme Court accepted the complainant's appeal on September 21, 2011. When the complainant went to the Supreme Court to appeal again in 2012, the Beijing-based working group of the Hunan Provincial Higher People's Court blocked his visit and illegally "terminated" my right to appeal. However, citizens’ right to appeal is inalienable, so they appealed again to the Supreme People’s Court.
Sincerely
Supreme People’s Court
Complainant Zeng Moumou
June 21, 201x