Retracing the Police Path 1993

Chapter 216 Protest in court!

Twenty minutes later, Liu Pengcheng came to Han Dongfeng's office with the stamped documents and the latest transcript of the interrogation.

Team Han didn't make a fuss, just glanced at Liu Pengcheng, carefully read the documents he produced, and then raised his head and asked Liu Pengcheng, "Do you know that Liu Xiaomei was arrested on the charge of cruelty?"

Liu Pengcheng nodded: "But arrest and prosecution are different crimes, isn't it a new thing?"

Team Han asked again: "Do you know that the statutory crime of cruelty includes intentional injury?"

Liu Pengcheng nodded again: "But this case is different."

Team Han interrupted Liu Pengcheng: "Every case is different. It's like you wrote it yourself. The difference between crime and crime should be the motive of the crime. Then let me ask you, what is your motive for writing this thing? Is it for this case, or do you want to avenge that kid?"

Liu Pengcheng said: "Brother Han, don't mention anything about revenge. This case is intentional injury. I wrote it very clearly."

Han Dongfeng looked at Liu Pengcheng for a while before saying: "Okay, then I will trust you once and help you once."

As he said that, Han Dongfeng called Section Chief Lu of the Legal Department of the Municipal Bureau. After knowing that he was in the office, the two went directly to Section Chief Lu's office.

Section Chief Lu is only 32 years old this year. He is a top student in the Law School of Jilin University and has the qualifications of a lawyer.Jilin University Law School has five schools and four departments!The top existence in the domestic legal field!
Chief Lu quickly read this document, and then read it a second time. This time he took out his red ballpoint pen, wrote and drew on the document, revised a lot of content, and then raised his head and said: "You There is no problem with your opinion, I support it! But things can’t be done like you, and you can’t put this thing in the case file and send it to the procuratorate. It will become a ring for us to fight with the procuratorate. Take a look and get another copy, let's find the director together."

Liu Pengcheng nodded: "Okay, I'll change it right away." After speaking, he took out his notebook from the computer bag he was carrying, and after turning it on, he found the file and started to modify it.

Liu Pengcheng was actually looking at it while correcting it. Although his "memory" passed the judicial examination, it was still a wild way of self-study.It is incomparable with others after four years of study in top law schools.He felt that after Section Chief Lu's revision, this opinion was more formal, more rigorous, and more convincing.

After he corrected it, he checked it again, and after confirming that there were no mistakes, he took out a floppy disk in his computer bag, copied the files to it, took out the floppy disk, and shut down the computer.Passed the floppy disk to Chief Lu: "I'm sorry, Chief Lu."

Chief Lu inserted the floppy disk into the computer on his desk, then printed it out, and said with a smile, "This is the first time I've seen a policeman carrying a laptop."

Liu Pengcheng said: "I'm used to it, it's much more convenient to have this thing."

Section Chief Lu saw that the document was typed, bound it himself, took out the floppy disk and returned it to Liu Pengcheng, then called Director Zhu, briefly talked about the matter, hung up the phone and said: "Director Zhu is in the committee, let me Let's go right away."

Han Dongfeng didn't follow, he just listened to the final result. Anyway, Liu Pengcheng had almost finished the case file.To be honest, when it comes to purely legal issues at this level, Han Dongfeng can't participate much.

So Liu Pengcheng carried his notebook on his back and drove away with Chief Lu.

Director Zhu put down the "Opinion" and said, "Xiao Liu, Xiao Lu, you two are very professional in making this thing. Xiao Liu, tell me why this case is not an abuse case."

Then Liu Pengcheng expressed his views on the case in colloquial language, and Section Chief Lu made some additions in the middle.

First, from motivation theory.This time when Liu Pengcheng interrogated Liu Xiaomei, Liu Xiaomei explained her motive very clearly. It was because she had a sweet dream. She thought it was Jiaojiao's singing that interrupted her dream, and then remembered that all her misfortunes were caused by Jiaojiao. So I wanted to beat Jiaojiao to vent my anger.

Not to mention that venting anger is a very common criminal motive for the crime of intentional injury, just saying the word "a meal" is very different from abuse, because the crime of abuse is a long-term and continuous criminal act.

Second, from the theory of results.Jiaojiao's cause of death was acute multiple organ failure caused by injuries to body organs caused by trauma.Whether it is the injury appraisal issued by the Public Security Department of the Mining Bureau, the autopsy report, the rescue records, and Jiaojiao's various inspection records in the hospital, all point to the trauma that caused Jiaojiao's death to be caused by this beating.

The long-term abuse caused Jiaojiao's physical weakness, although objectively aggravating the injury and making Jiaojiao unable to undergo surgical treatment, there is no clear and inevitable direct causal relationship with Jiaojiao's death.

Third, judging from Liu Xiaomei’s interrogation transcripts, and the testimonies of Linjiacun villagers and Linjiacun construction team workers, since Liu Xiaomei was detained three months ago and educated by the police station, she stopped beating and scolding Xiaojiaojiao. , can be regarded as a criminal suspension.So the beating that cost her life this time was not part of her crime of abuse, but a new crime!

Director Zhu listened to the discussions of Liu Pengcheng and Section Chief Lu, read the "Opinions" again, and slowly said: "Child abuse crimes across the country, especially crimes against girls, are not one case, nor eight out of ten cases. Public prosecutions and trials for abuse crimes resulted in imprisonment for less than seven years.

If we suddenly prosecuted the crime of intentional injury and sentenced to death, death with reprieve, or life indefinitely, have you two thought about the impact? "

Liu Pengcheng said: "The impact is that child abuse cases may be greatly reduced in a short period of time."

Director Zhu laughed, "That's good!"

Director Zhu said: "This is not a trivial matter. It is necessary to communicate with the procuratorate and the court, and the commission also needs to hold a meeting to unify the idea. Put your things here with me first."

When the two of Liu Pengcheng were about to leave, Director Zhu stopped him and asked, "When will the child be buried?"

Liu Pengcheng said, "The day after tomorrow."

Director Zhu took out 20 yuan from his pocket and handed it to Liu Pengcheng: "Help me bring some candies for the children, children love candies."

Liu Pengcheng took the money and nodded emphatically!
Xiao Jiaojiao's funeral was very lively, not only everyone from Linjiacun attended, but also everyone from the construction team of Linjiacun, and almost all the members of the police station also attended.The General Office of the Mining Bureau borrowed a van from the bureau, and the doctors and nurses from the Department of Obstetrics and Pediatrics got out of the van under the leadership of Director Shang.

There was no mourning music at the funeral, but nursery rhymes one after another.This is what Mrs. Lin said, saying that children don't like to listen to the babbling, let the children like to listen to it!

In the nursery rhymes, people seem to see the little angel again, with scars all over, enduring the pain of old wounds, giggling, singing and dancing for people!
There was trouble in Director Zhu's communication work. President Wang of the court did not support the sentence of Liu Xiaomei for intentional injury.

In fact, Director Zhu understood Dean Wang's thoughts very well.Whoever makes the judgment of intentional injury is an outlier.Moreover, Dean Wang will retire in two years. It is said that he is actively striving for a second-tier director-level position in the Provincial High Court, so he naturally does not want to "provoke trouble" at this time.

Contrary to his attitude, Chief Prosecutor Zhou of the Procuratorate even asked whether Comrade Liu Pengcheng, who wrote this opinion, could be transferred to work in the Procuratorate?He has a very typical prosecutor mentality.After he mentioned it twice, Director Zhu had no choice but to tell him what happened to Liu Pengcheng and why he was working as the deputy director of the police station, and Attorney Zhou gave up.

On May 1996, 5, the Beibin City People's Court opened a trial to hear Liu Xiaomei's intentional injury and abuse case.Two prosecutors from the Beibin City Procuratorate appeared in court to support the prosecution.The court made the first-instance verdict that Liu Xiaomei was guilty of torture (death) and sentenced to five years and six months in prison.The procuratorate charged Liu Xiaomei with the crime of intentional injury, wrongly applied the law, and the facts of the crime were unclear, so the court did not support it.

The chief prosecutor in charge of the case stood up, put on his big-brimmed hat, and said slowly but firmly, "We protest!"

Liu Pengcheng also put on his police cap, turned and walked out of the trial court with a gloomy face.

Five and a half years! !You and the others still want to be promoted?You and the others still want to retire well?You wait!

Liu Pengcheng is going to do something!

　"criminal law"

　　Article 260, the crime of ill-treatment refers to ill-treatment of family members, if the circumstances are serious, the sentence is fixed-term imprisonment of not more than two years, short-term detention or public surveillance.

　　Whoever commits the crime in the preceding paragraph and causes serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.

　　Article 234 Whoever intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or public surveillance.Whoever commits the crime in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; whoever causes death or causes serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.Where this Law provides otherwise, the provisions shall prevail.

　　Demining:

　　 1、1996年应该适用《79刑法》，我是98年进入法学院，没学过。涉及到的法条都是现行的《97刑法》.
　　 2. I have been away from political and legal work for 20 years.There must be some mistakes in the writing. This is a novel, not French. Please read it as a novel and don't spray it.

　　
　
(End of this chapter)