Attorneys for female parents in anti-homicide cases elaborate on ten major issues: the opportunity to file national compensation

 Attorneys for female parents in anti-homicide cases elaborate on ten major issues: the opportunity to file national compensation

At about 11:00 p.m. on July 11, 2018, a murder case occurred in Lianyuan County, Baoding City, Hebei Province, in which Wang Lei broke over a wall with a lethal weapon and entered Wang Xinyuans home.

On Jan. 18, 2019, upstream news launched Running after female college students is rejected, running into each others hometown with weapons is counterattacked on the whole network, which aroused wide public concern. On January 21, the upstream news magazine Two High Schools Concerned about Hebeis Anti-Killing Case, Baoding Political and Legal Commission Guided Handling Cases According to Law; on February 26, the upstream news continued to publish Hebei Anti-Killing Case Progress: Female College Students involved in the case have been released on bail pending trial, not being investigated for criminal responsibility, Upstream Dialogue Hebei Anti-Killing Case Female College Students and Hebei Anti-Killing Case Responding to Upstream Dialogue from March 3 to 4, upstream news At the end of the case, the prosecution maintained that the parents of female college students were legitimate defense and not prosecuted, visited the home of the deceased in the Hebei anti-murder case: his father resigned from Tunchang, the whole family moved to another place, and Wang Xinyuan and his wife, who were acquitted in the Hebei anti-murder case: too abrupt for fairness, etc. A series of reports continued to pay attention to the Hebei Lianyuan anti-murder case.

On March 3, 2019, 235 days after the incident, the prosecution declared that the acts of Wang Xinyuan and Zhao Yinzhi, the two parties involved in the case, were justified and not prosecuted. On that day, they were acquitted and went out of the detention house.

In an interview with upstream journalists on the evening of March 3, Yin Qingli, Wang Xinyuans defense lawyer, said that the criminal responsibility of the Hebei anti-murder case had been clearly identified, but the follow-up matters surrounding the case had not yet been concluded. Yin Qingli explained in detail the types of non-prosecution in this case, the possibility of applying for state compensation, the filing of complaints by Wang Leis close relatives, and the exercise of civil litigation power of both sides.

On the evening of March 3, 2019, Wang Xinyuan, Zhao Yinzhi, lawyer Yin Qingli and lawyer Zhao Peng were released. Pictures/Parties Provided

Wang Xinyuan, his wife and daughter were acquitted

Upstream News: In the Hebei anti-murder case, what kind of non-prosecution decision did the prosecution make to Wang Xinyuan and Zhao Yinzhi?

Yin Qingli: The non-prosecution decision of two persons in this case is a typical statutory non-prosecution decision, that is, the non-prosecution decision of innocence. This point can be clearly defined from the application basis specified in Wang Xinyuans non-prosecution decision as stipulated in Article 177, paragraph 1, of the Criminal Procedure Law and Article 20, paragraph 3, of the Criminal Law.

Upstream News: Whats your attitude towards the prosecutions decision not to prosecute?

Yin Qingli: The non-prosecution decision states that Wang Xinyuan and Zhao Yinzhi have no criminal facts and are not liable for criminal offences according to law. Based on this, the couple and our lawyer are basically satisfied with the decision and will not initiate the appeal procedure in the name of the non-prosecuted person.

Upstream News: Did the previous decision of the Lianyuan County Public Security Bureau to release Xiaofei (a pseudonym) of their couples daughter from bail pending trial mean innocence?

Yin Qingli: According to the Provisions on Procedures for Handling Criminal Cases by Public Security Organs, Xiao Feis decision on bail removal clearly states that it is found that criminal suspects should not be investigated for criminal responsibility. This decision is a legal document for the termination of investigation by public security organs, and should be regarded as a special case of withdrawal, which essentially means innocence.

The decision of the procuratorate of Lianyuan County of Hebei Province not to prosecute Wang Xinyuan. Photographer/Reporter Niu Tai

Take the opportunity to file state compensation with the prosecution and the police

Upstream News: Are Wang Xinyuan, Zhao Yinzhi and Xiaofei entitled to file state compensation?

Yin Qingli: Firstly, in view of Wang Xinyuan and Zhao Yinzhis decision not to prosecute by law, Zhao Yinzhi was detained in criminal detention on July 15, 2018, and arrested on August 18, 2018. They were detained in Lianyuan County Detention Center and Baoding City Detention Center until March 3, 2019 respectively. According to Article 17 of the National Compensation Law, Investigation and arrest shall be carried out. If the organs of procuratorial and judicial functions and powers, as well as the detention centres, prison administrative organs and their staff members infringe upon personal rights in the exercise of their functions and powers, the victim has the right to obtain compensation: (2) after taking arrest measures against citizens, they decide to cancel the case, not prosecute or decide to declare innocence and terminate the investigation of criminal responsibility. Both of them have the provisions of state compensation. Right.

Secondly, Xiao Feis decision on bail pending trial was lifted on February 24, 2019, in view of Xiao Feis criminal detention on July 12, August 17 disapproval of arrest, and August 18 decision on bail pending trial. In summary, according to Article 17 (1) of the State Compensation Law, in violation of the provisions of the Criminal Procedure Law, Xiao Fei decided to withdraw the case after taking detention measures against citizens. Xiao Fei also has the right to submit state compensation under the provisions of prosecution or judgment declaring innocence and terminating criminal responsibility.

Upstream News: If three people apply for state compensation, which organ should they submit to?

Yin Qingli: Wang Xinyuan and Zhao Yinzhi, according to the provisions of Article 21, paragraph 3, of the State Compensation Law, If a citizen decides to withdraw a case, not prosecute or is acquitted after taking arrest measures, the organ that makes the arrest decision shall be the organ of compensatory obligation, they shall bring state compensation to the Peoples Procuratorate of Lianyuan County, that is, the Peoples Procuratorate of Lianyuan County shall be the organ of compensatory obligation.

For Xiaofei, according to Article 21, paragraph 2, of the State Compensation Law, where detention measures are taken against citizens and state compensation should be paid in accordance with the provisions of this Law, the organ making the detention decision shall be the organ of compensatory obligation, and the state compensation shall be brought to the Lianyuan County Public Security Bureau, that is, the Lianyuan County Public Security Bureau shall be the organ of compensatory obligation.

Upstream News: When are the three people going to file for state compensation?

Yin Qingli: This involves putting forward the timing of state compensation. After fully communicating with Wang Xinyuans family, considering that Wang Leis close relatives also have the right to appeal and request for public prosecution to Baoding Peoples Procuratorate within seven days, the three persons will choose the opportunity to file state compensation after determining the service time of the non-prosecution decision to the close relatives of the unlawful infringer and the expiration of the next seven days.

Xiao Feis family and the courtyard where the case occurred.

If Wang Leis relatives complain, Wang Xinyuan will bring civil lawsuits.

Upstream News: According to the current non-prosecution decision, does Wang Leis close relatives have the right to file tort litigation in the Peoples Court? Is there any hope of winning the case?

Yin Qingli: Litigation is a right enjoyed by all parties. The court also receives materials for the corresponding prosecution to decide whether to accept or reject the prosecution after acceptance.

From Article 30 of the Tort Liability Law, If damage is caused by legitimate defense, no liability shall be borne. If the legitimate defense exceeds the necessary limit and causes undue damage, the legitimate defender should bear appropriate responsibility. Seen from the stipulation that the tort lawsuit of Wang Leis close relatives is basically not possible to win without changing the nature of the tort lawsuit.

Upstream News: If Wang Leis close relatives appeal against the decision not to prosecute in this case? How do you deal with it?

Yin Qingli: To lodge a complaint is the right of the victim to be a close relative. We respect it, but we do not agree with it.

According to the law and the notice of the decision of non-prosecution, if it appeals, it should be submitted to the Peoples Procuratorate of Baoding City. Although the decision of non-prosecution in this case was made by the Peoples Procuratorate of Lianyuan County, the relevant notice of non-prosecution was issued by the official Weibo and Weixin public numbers of the Peoples Procuratorate of Baoding City. It can be considered that the non-prosecution statement represents to a large extent the views of the Peoples Procuratorate of Baoding City. In short, we will also be prepared for possible complaints from close relatives of unlawful infringers.

Upstream News: Wang Xinyuan and other three people, can they bring relevant civil lawsuits against the close relatives of illegal infringers?

Yin Qingli: In the legitimate defense counterattack, Wang Xinyuan suffered stabbing wounds and scratches on his chest and arms, which belonged to the second grade of minor injury; Zhao Yinzhi suffered head and hand injuries, and Xiao Fei suffered abdominal injuries, which were all minor injuries. In particular, Wang Xinyuans injuries are likely to constitute a certain disability level by identification. The three persons have civil lawsuits against the close relatives of the unlawful infringer who bear tort liability within the scope of Wang Leis legacy. Of course, whether Wang Lei has a legacy is another matter. Whether this case is initiated or not will also be related to whether Wang Leis close relatives lodge a complaint against the non-prosecution decision. If the other party lodges a complaint, Wang Xinyuan and others will resolutely bring a civil action.

Xiaofeis father, Wang Xinyuan, reported the harassment on May 20, 2018.

Law does not yield to illegality, justice does not bow to injustice

Upstream News: What do you think is the significance of the Hebei anti-murder case in the application of legitimate defense?

Yin Qingli: For us, this case is just a case. But after all, the case left us a lot of thinking: the procuratorial organs through the non-prosecution decision, made a satisfactory conclusion, but also reflected the separation of arrest and prosecution departments; this Hebei anti-homicide case, accurately speaking, should be anti-homicide case into the house, occurred in three people with a role of asylum, safe area home, this case will be the application of special defense. To a certain extent, it is believed that it will also play a preventive role in cracking down and deterring illegal invasion of houses and committing serious and violent crimes.

In short, through this case, we can truly practice the value orientation and order concept of law does not give way to illegality, justice does not bow to injustice.

Source: Upstream News Author of Chongqing Morning News: Niu Tai Responsible Editor: Shi Jianlei_NBJ11331