The man was found to have been terminated for investigation of criminal responsibility and claim for national compensation.

category:Global
 The man was found to have been terminated for investigation of criminal responsibility and claim for national compensation.


Recently, the Chinese business reporter learned that Pan Qiangwen was once again transferred to the Yangxian County procuratorate for prosecution. Meanwhile, the compensation committee of the Hanzhoung intermediate peoples court revoked the decision of the Hanzhoung Procuratorates criminal compensation reconsideration. review The Hanzhoung municipal procuratorate made a decision last year Pan Qiangwen said his son Pan Weihua has been working in photography. In May 20, 2010, relatives pulled a cart of fertilizer from the field back to Yangxian County, which was intercepted by workers from a fertilizer company in Yangxian County and there was a dispute. Then, when his son went to the scene to shoot, he had an argument with the other side. According to a data from the Yangxian County Public Security Bureau, the trial found that Pan Weihua (son of Pan Qiangwen) was unauthorized to shoot the scene of the dispute in the East Korea village of Xie Cun town, Yangxian County, at 1 p.m. on May 20, 2010, and had a dispute with the workers of Yuhu chemical Co., Ltd. of Yangxian County (hereinafter referred to as Yuhu company), Pan Weihua used stone. Tian Jianbin was injured by the head of the jade tiger company, and was caught by Du Wenzhong, a jade tiger chemical company. Pan Qiangwen, who was just passing through here, found this feeling, that is, to get off and hold Du Wenzhongs leg, and the two sons and sons fell down to the ground. Pan Weihua was pressed on Du Wenzhongs upper body and injured the right knee in Duwen. The police in Xie Cun police station of Yangxian County Public Security Bureau were in the execution of the police. Pan Qiangwen held the leg and abused the police. After Xie Cun township cadres, Xie Cun tribunal police tried hard to persuade, Pan Weihua, Pan Qiangwen two people were taken away from the scene. According to a copy of the Hanzhoung municipal procuratorates decision on the reconsideration of the criminal reconsideration, it was found that Pan Qiangwen was arrested in May 21, 2010 by the hospital and was arrested by the Yangxian County Procuratorate in May 26th of the same year, and was bailed out in June 10th the same year, and released on the same day. In May 27, 2011, the Yangxian County Public Security Bureau sent the Yangxian County procuratorate to the procuratorate for examination and prosecution for the crime of intentional injury to Pan Qiangwen and the crime of obstructing public affairs. The Yangxian County procuratorate returned to the Yangxian County Public Security Bureau to supplement the investigation in July 6th of the same year. During that time, Pan Qiangwen was monitored by the Yangxian County Public Security Bureau in July 7, 2011; in August 9th of the same year, the Yangxian County public security bureau moved the prosecution again, and the Yangxian County procuratorate prosecuted the Yangxian County court in August 24th of the same year. In November 8th of the same year, the Yangxian County court decided not to accept Pan Qiangwens decision on the grounds that he could not come to the court. In November 21, 2011, the Yangxian County procuratorate returned to the Yangxian County Public Security Bureau for supplementary investigation. After that, the Yangxian County procuratorate and the Yangxian County public security bureau did not make any decisions. In November 20th last year, the Hanzhoung municipal procuratorate made a decision on the reconsideration of criminal compensation. It stated that the court held that, after the expiration of the legal period of residing by Pan Qiangwen, the procuratorate should be deemed to terminate criminal responsibility and decide to terminate criminal liability for more than a year. Pan Qiangwen, the procuratorate of the Yangxian County Procuratorate, paid 5436.69 yuan in custody for 21 days. But this decision was rejected by Pan Qiangwens spiritual solatium and his request to restore his reputation and apologize. Reverse Decision to apply to the middle court for compensation Be arrested and prosecuted again Pan Qiangwen said that as a result of the decision made by the Hanzhoung municipal procuratorate, he refused his spiritual comfort and his request for the restoration of his reputation and an apology. Therefore, he applied for compensation decision to the Hanzhoung intermediate peoples court compensation committee. However, in January of this year, Pan Qiangwen and his son Pan Weihua were once again arrested by the Yangxian County police and transferred to the procuratorate for prosecution. According to April 12th, a decision of Hanzhoung central court compensation committee, numbered (2018) Shanxi 07 Committee compensation 1-2, showed that in January 9th, Pan Qiangwen was reheld by Yangxian County Public Security Bureau again, and in January 19th was bailed out for trial; in January 11th, Yangxian County Public Security Bureau again sent Pan Qiangwen to Yangxian County procuratorial hospital to prosecute; January 16th Yangxian County procuratorate again Pan Qiangwen was accused of prosecuting the crime of intentional injury and offense of public affairs to the Yangxian County court. The case was accepted by the Yangxian County court in January 23rd, and the case is now under trial in the Yangxian County court. In addition, Pan Qiangwen applied for the withdrawal of the state compensation application to the indemnity committee in April 2nd, but did not withdraw the application of the state compensation to the Hanzhoung municipal procuratorate. The Compensation Commission believes that Pan Qiangwens application for the Yangxian County procuratorate to arrest the case of state compensation is not guilty, because the Yangxian County procuratorate has prosecuted Pan Qiangwen for the crime of intentional injury and obstruction of public affairs to the Yangxian County court in January 16th, and the case has been accepted by the Yangxian County court and is now under trial. That is, the crime of intentional injury and obstruction of public service by Pan Qiang Wen has not been terminated for criminal responsibility. Therefore, the state compensation received by Pan Qiangwen from the compensation committee of our hospital is not eligible for registration, and should be rejected according to law. At the same time, it was mentioned in the decision that Pan Qiangwen applied for the withdrawal of the state compensation application to the indemnity committee, but did not withdraw the application of the state compensation to the Hanzhoung municipal procuratorate, which means that the application for state compensation should not be withdrawn from the Yangxian County procuratorate. After review, the application of Pan Qiang is not in conformity with the highest person. The relevant judicial interpretation of the civil court is not permitted. Finally, it decided to cancel the Hanzhoung Procuratorates Chinese prosecution and compensation 2017 (1) decision on reconsideration of criminal compensation and reject Pan Qiangwens application for state compensation. Doubt Be determined to terminate criminal responsibility Why do you prosecute again? According to the second provisions of the interpretation of the Supreme Peoples court and the Supreme Peoples Procuratorate on the application of the law on the application of criminal indemnification cases in January 1, 2016, after the relief, revocation of the pending trial, the surveillance of residence, detention, and arrest, the office of the case has not been transferred for more than a year and has not made a decision to prosecute or make a non prosecution decision. If a person repeal a case, he shall be regarded as a legal case for ending his criminal liability according to law. When Pan Qiangwen was monitored to live in August 20, 2011 to this public prosecution in January 16, 2018, it has exceeded the statutory 6 - month limit of surveillance and has not been transferred for 6 years, which should be regarded as the termination of criminal responsibility. Pan Qiangwens attorney and Chang Minan, a lawyer in Shaanxi Min An law firm, said that this is the basis of the Hanzhoung municipal procuratorate to make a decision on the reconsideration of criminal compensation. However, the Hanzhoung municipal central court compensation committee has not applied the latest judicial interpretation of the two high court. It revoked the reconsideration decision made by the Hanzhoung municipal procuratorate and did not apply for review. It is not appropriate in the applicable law. We have made such a decision because the Yangxian County procuratorate has also prosecuted the indemnity Pan Qiangwen, which is not an end to the criminal liability of the applicant in the legal procedure. On the 23 day, the person in charge of the central court of Hanzhoung said that it was not in line with the two highest judicial interpretations of the criminal state compensation in January 1, 2016. Why has the Yangxian County procuratorate decided to prosecute once again that it has been terminated for criminal responsibility by the superior procuratorial organ? On the 22 day, Chang Minan said, according to the case of Pan Qiangwen, last November 20th, the Hanzhoung municipal procuratorate made a decision on the reconsideration of the criminal compensation: after the expiration of the legal period of residing by Pan Qiangwen, the office of the case should be deemed to be terminated for more than a year, and the case is decided or revoked. Criminal responsibility shall be investigated. Chang Minan believes that the Hanzhoung procuratorate has made a final decision on the case, as a lower level Yangxian County peoples Procuratorate has no right to deny the decision made by the higher authorities. And the head of the Hanzhoung intermediate peoples court said that if the court finally decided that Pan Qiang Wen was innocent, he could again apply for a national compensation application. Regarding this statement, Chang Minan said that the violation of the original law enforcement action should be corrected and compensated first. The source of this article: Hua Shang Wang Hua Hua Bao, editor in chief: Wang Zheng _NN7526 Why has the Yangxian County procuratorate decided to prosecute once again that it has been terminated for criminal responsibility by the superior procuratorial organ? On the 22 day, Chang Minan said, according to the case of Pan Qiangwen, last November 20th, the Hanzhoung municipal procuratorate made a decision on the reconsideration of the criminal compensation: after the expiration of the legal period of residing by Pan Qiangwen, the office of the case should be deemed to be terminated for more than a year, and the case is decided or revoked. Criminal responsibility shall be investigated. Chang Minan believes that the Hanzhoung procuratorate has made a final decision on the case, as a lower level Yangxian County peoples Procuratorate has no right to deny the decision made by the higher authorities. And the head of the Hanzhoung intermediate peoples court said that if the court finally decided that Pan Qiang Wen was innocent, he could again apply for a national compensation application. Regarding this statement, Chang Minan said that the violation of the original law enforcement action should be corrected and compensated first.