A murder occurred in the living area of a soda plant in Lengshuijiang, Loudi, Hunan Province. The 41-year-old elementary school teacher Liu, the son of a soda plant worker, was attacked on the rooftop roof of his house and died after being rescued.
August 27, 2009
Xie and Liu, 17 years old, were summoned by the Lengshuijiang police. The two were sophomores at Lengshuijiang No. 6 Middle School. They had studied at the elementary school for the children of factory workers. Mr. Liu was their English teacher. Lius father is a worker in the soda plant, and two are living in a living area with Mr. Lius family. Xies father Xie Guodong and Lius mother Xu Mou were also summoned by the police for allegedly sheltering his son. After a three-day and two-night trial by the police of Lengshuijiang Public Security Bureau, Xie and Liu finally admitted to raping and killing teachers.
August 19, 2010
Loudi Intermediate Court sentenced two high school students to life imprisonment for rape, Xie Guodong and Xu Mou were sentenced to three years and four years respectively for shelter.
The indictment alleges that Xie and Liu came from Xies home to the stadium to watch pornographic videos on their mobile phones more than 7 p.m. on August 25, 2009. Liu proposed to find a woman to vent, Xie said that Liu often walks on the roof at night, proposed to start. They carried wooden sticks to Tiantai to rape the teacher Liu who was walking. The indictment also alleges that after the two escaped home, they told their parents about the crime, Xie Guodong and Xu so-and-so respectively told their sons to deny the fact of the crime and lied that they had been at home that night.
Xie and Liu filed appeals after the first trial. Xie, who was in detention, began writing a petition.
The Hunan Provincial High Court upheld the original judgment.
Xie Guodong and Lius parents handed the case materials to the first law court of the Supreme Court of Shenzhen. At present, the Hunan Provincial High Court has begun investigating the case.
Today, Xie and Liu are 26 years old and two have served 9 years in Loudi prison. The two insisted on not writing penitence books and refused to reduce sentences.
You cant wash away your accusations and be willing to die in prison.
Xie Guodong, a Loudi native of Hunan and the father of Xie Mou, is 50 years old. He was sentenced to 3 years for harboring his son. A few days ago, Xie Guodong told reporters in the China Business Daily that he had been insisting on appealing for his son for 9 years. His son repeatedly told him he was innocent and wanted a fair verdict, so he never agreed to commutation.
In April 2017, he and Lius parents sent the complaint materials to the Shenzhen First Circuit Court of the Supreme Peoples Court. At present, Xie Guodong and case attorney Ye Zhusheng said that the Hunan Provincial High Court has begun to review the case.
On October 27, a reporter from the China Business News confirmed from the lawyersOffice of Hunan Loudi Prison and the Deputy case that the case has aroused concern. Recently, judges from the Hunan Provincial High Court have twice gone to Loudi Prison to examine Xie and Liu.
Xie Guodong told the China Business News that he would go to prison every month to meet his son. Generally speaking, he would mainly ask about the progress of the complaint, as well as about his health and study. In October 19th, he went to prison to meet his son. His son still insisted on appealing against commutation.
Xie Guodong said that recently, Loudi prison staff have talked to his son many times, so long as the son can write a confession of guilt can be commuted, but his son refused. In Xie Guodongs reply to reporters with a fingerprint of Xie, Xie made it clear that he refused to write a confession of guilt and was unwilling to commute his sentence. He insisted on appealing. He hoped to be released without guilt. After the trial from the court to the Provincial High Court, he did not plead guilty, he and Liu Mu to make up their minds to appeal to the end, even in old prison, also never regret, I do not need to plead guilty to commute the sentence!
Xie once told lawyers that the reason why he resolutely refused to repent was that during the investigation stage, they were tortured by Lengshuijiang police to plead guilty and they would not plead guilty again after they were sent to prison. However, in response to media interviews, the organizer of the Lengshuijiang Public Security Bureau explicitly denied whether the police were suspected of extorting confessions by torture. At the stage of investigation, the police did not extort confessions by torture.
Xie Guodong told China Business Daily: I think my son is sensible. A while ago, during the Mid-Autumn Festival, I said I would buy him some moon cakes, but he said: Dad, I dont like moon cakes. Hes actually very considerate of his parents. He knows that his family is at a standstill and hes thinking about saving as much money as possible for his family.
Xie Guodong said that his sons character is strong, and he will insist on doing what he knows. His son bought paper and pens from the money he saved in prison. He wrote a good pen. He not only wrote more than 200 pages of diary, but also insisted on learning English by himself. The other criminals laughed at him and decided to learn something indefinitely, but he always buried himself in doing what he liked to do.
As of October 27, the reporter of the Chinese Business News repeatedly dialed the office phones and mobile phones of the prison and procuratorate in Loudi and the staff of the Lengshuijiang case handling office to interview the case and the performance of Xie in prison and commutation of sentence. The other party either did not answer the phone or hung up until the reporter finished talking.
A person in charge of the Lengshuijiang Procuratorate told China Business News that confession of guilt is a necessary procedure for getting a commutation of sentence. In addition, he has to perform well in prison before he can apply to the Prison Administration for examination. In this case, he knew that even commutation was first commuted from life imprisonment to fixed-term imprisonment, and that the actual execution of the sentence after commutation could not be less than half of the original sentence. He believed that there was no problem in the case, but it was not clear why Xie and Liu did not want to reduce the sentence.
Insist on not reducing sentence to life imprisonment
Ye Zhusheng, a lawyer representing the case and a lawyer from Guangdong Zhuoxin Law Firm, told China Business News recently that, according to the relevant provisions of commutation, only penitence can be commuted. Since serving nine years in prison, the prison guards have talked to them many times, suggesting that they write a confession and try to commute their sentences first. At the same time, they have been told that this does not affect the appeal, but they are determined not to commute their sentences.
Lawyer Ye introduced that Article 78 of the Criminal Law stipulates that criminals sentenced to public surveillance, criminal detention, fixed-term imprisonment and life imprisonment may commute their sentences if they abide by prison regulations and receive education and reform during the execution period. Therefore, the premise of commutation is true repentance, that is, the book of penitence must be written. According to the Seventy-eighth provision of the criminal law, the penalty for life imprisonment is not less than 13 years. So if they write a confession and agree to commutation, they are expected to be released around 2022, when they are about 30 years old.
Lawyer Ye believes that since they were arrested at the age of 17 in 2009, they have served nine years in prison and insisted on not pleading guilty and not commutating their sentences. From the meeting, we can understand that Xie clearly knows the consequences of being sentenced to life imprisonment insisting on no commutation of sentence, either innocent out, or died in it. If two people insist on not commutating their sentences, the consequence of not commutating their sentences will be that they will not be able to come out for life and will serve their sentences until they die.
Ceng Jie, a senior legal personage in China, believes that, first of all, writing a penitence book during imprisonment will not affect the appeal. Because the subject of the appeal can be either the prisoner himself or the close relatives of the prisoner, if the prisoner writes a confession in prison, but his close relatives appeal for him, the court will still accept the appeal materials according to the law for filing and examination, if the examination finds that it is in conformity with the case. Retrial conditions will still start the retrial process, at this time whether the prisoner himself has written a confession, is not important. Because after the court accepts the appeal, the key is to see whether the appeal material itself can provide new evidence, new facts to prove that the original judgment is wrong, or to prove that the effective judgment violates the procedure, affecting the fair trial.
Zeng Jie pointed out that Zhao Zuohai in Henan Province was unjustly sentenced to intentional homicide, Zhao Zuohai in the investigation period, made nine confessions. During the past 10 years in prison, obedience to discipline, confession and repentance had received two rewards for commutation. But on April 30, 2010, Zhao Zhenzhai, the victim of the case, returned to the village. On May 9, 2010, the Henan Provincial High Court decided that Zhao Zuohais intentional homicide was a wrong case and acquitted him. Therefore, in criminal cases, the key to affecting the appeal itself is still the evidence of the case itself, not whether penitence has been written.
In this case, Zeng Jie said that life imprisonment is a penalty for depriving life-long freedom. If the prisoners have not been commuted in prison, the result is life imprisonment. Zeng Jie thinks that we should encourage Xie and Liu to abide by the prison management regulations actively, and at the same time, guarantee the full right of appeal. We should review the core evidence points of their appeal repeatedly, such as their confessions and on-the-spot evidence, to verify whether the facts of conviction and sentencing in this case have evidence to prove, and whether the evidence based on which the case is decided is true or not. Verified by legal procedures, the evidence in the whole case can exclude reasonable suspicion of innocence or other peoples crime, safeguard the justice of the law and the rights and interests of the relevant parties. The source of this article: Hua Shang Wang Hua Hua Bao editor in charge: Li Cong _B11284
Zeng Jie thinks that we should encourage Xie and Liu to abide by the prison management regulations actively, and at the same time, guarantee the full right of appeal. We should review the core evidence points of their appeal repeatedly, such as their confessions and on-the-spot evidence, to verify whether the facts of conviction and sentencing in this case have evidence to prove, and whether the evidence based on which the case is decided is true or not. Verified by legal procedures, the evidence in the whole case can exclude reasonable suspicion of innocence or other peoples crime, safeguard the justice of the law and the rights and interests of the relevant parties.