At 14: 00 on the 18th, the Information Office of Harbin Municipal Government held a press conference on the "10.11" case to inform about the handling of the case and recent online and public concerns. Lu Hongxi, member of the Party Committee and deputy director of Harbin Public Security Bureau, attended the conference, which was presided over by libing, director of the Municipal Government Information Office.
Briefing on the Fifth Press Conference of "10.11" Case
On the afternoon of November 6, when the Harbin Municipal Government Information Office held a press conference on the "10.11" case, the representative of the autopsy expert group on the "10.11" case had announced the autopsy appraisal conclusion of the deceased Lin Songling to all walks of life. A press conference was held on November 18th to inform about the handling of the case and recent online and public concerns.
1. Two policemen involved in the case have been arrested by the procuratorate.
After examination, the People’s Procuratorate of Harbin believes that Qi Xin (the former deputy commander of the Criminal Police Brigade of the Public Security Department directly under the Harbin Railway Public Security Bureau) and Liu Linan (the former policeman of the command center of the Harbin Railway Public Security Bureau) are suspected of intentional injury, which meets the arrest conditions stipulated in Article 60 of the Criminal Procedure Law of People’s Republic of China (PRC). On November 14, 2008, the procuratorial organ approved the arrest of the two men according to law, and now they are detained in the detention center of the Municipal Public Security Bureau.
Second, the criminal suspect Yang Sen has been arrested by the procuratorate.
In this case, the suspect, Yang Sen (male, 22 years old, unemployed), injured Li Xinyu (a policeman from the Anti-drug Detachment of Harbin Public Security Bureau) and Wang Jingang (a policeman from Xiangfang Branch of Harbin Public Security Bureau) successively in the candy bar, resulting in two fractures on the inner wall of Li Xinyu’s left orbit and the 8th, 9th, 10th and 11th ribs of Wang Jingang’s right rib, and Yang Sen’s behavior led to the expansion of the situation.
On October 31, identified by the Forensic Center of the Provincial Public Security Department, both policemen were slightly injured. On November 6, the task force entrusted the Institute of Forensic Science and Technology of the Ministry of Justice to conduct another damage appraisal on the injuries of two policemen, and the conclusion was completely consistent with the appraisal conclusion of the Forensic Center of the Provincial Public Security Department.
The criminal suspect Yang Sen’s behavior violated the provisions of the second paragraph of Article 234 and the first paragraph of Article 234 of the Criminal Law of People’s Republic of China (PRC), respectively. According to the provisions of Article 60 of the Criminal Procedure Law of People’s Republic of China (PRC), the Harbin Municipal People’s Procuratorate approved the arrest of Yang Sen on November 14 on suspicion of intentional injury and executed it according to law. Now it is detained in the detention center of the Municipal Public Security Bureau.
In the investigation, it was also found that the suspect, Yang Sen, was punished by the people’s court on July 2, 2006 for beating three policemen and committing the crime of obstructing official duties. The People’s Procuratorate of nangang district, Harbin accused that at about 23: 00 on July 2, 2006, when the defendant Yang Sen drunk and drove through the bus terminal of No.109 Wenhua Street in nangang district, Harbin, they had an altercation after scraping with the taxi driven by Li. The traffic police officer Liu Shouzhuang of the Power Traffic Police Team came to handle the traffic accident, and Yang Sen did not cooperate with the traffic police and injured Liu Shouzhuang with his fist. When Liu Lei of Minsheng Road Police Station and Yuliang of Wenhua Street Police Station rushed to the scene to handle the case, the defendant Yang Sen was still there. Experience injury: Liu Shouzhuang suffered from head trauma, head and face soft tissue contusion and blunt contusion in his right eye; Liu Lei suffered from soft tissue contusion in his right elbow; Yuliang suffered from left lower limb trauma and left lower abdomen soft tissue contusion. The defendant Yang Sen was caught on the spot.
The public prosecutor believes that the defendant, Yang Sen, used violence to obstruct the police from performing their official duties, and his behavior has constituted a crime of obstructing official duties, and he is requested to be punished according to the provisions of Article 277 of the Criminal Law of People’s Republic of China (PRC).
On August 18th, 2006, the People’s Court of nangang district, Harbin held a public hearing to hear the case.
The People’s Court of nangang district, Harbin held that the defendant, Yang Sen, obstructed the police from performing official duties by violence, and his behavior constituted a crime of obstructing official duties. The charges charged by the public prosecution agency were established and should be punished. The defendant, Yang Sen, was a college student for the first time, and pleaded guilty with a good attitude, and compensated the victim for economic losses. The two sides reached a settlement. The court adopted the defendant’s argument that Yang Sen should be given a lighter punishment. According to the provisions of Articles 277, 52 and 53 of the Criminal Law of People’s Republic of China (PRC), the defendant Yang Sen was sentenced to the crime of obstructing official duties according to law, with a single fine of RMB 5,000.
Three, about the legal responsibility of the other four policemen.
According to the on-site surveillance video, statements of both parties and witness testimony, there is no evidence to prove that Wang Jingang, a policeman from Xiangfang Branch of Harbin Public Security Bureau, Li Xinyu, a policeman from Anti-drug Detachment of Harbin Public Security Bureau, and Luan, a policeman from Traffic Police Detachment of Harbin Public Security Bureau? Li Feng, a policeman of Zhaodong Public Security Bureau in Suihua City, Heilongjiang Province, committed a criminal act. Therefore, after communicating with Harbin People’s Procuratorate, the task force changed the compulsory measures for four people to obtain bail pending trial according to the provisions of Article 73 of the Criminal Procedure Law of People’s Republic of China (PRC).
4. With regard to the jurisdiction of this case, there is an article on the Internet saying that the family of the deceased asked the case to be handled by the Ministry of Public Security or the public security organs in other provinces, and asked the Harbin Public Security Bureau to avoid it.
The provisions of Article 28 and Article 31 of the Criminal Procedure Law of People’s Republic of China (PRC) only apply to judges, inspectors, investigators, clerks, translators and appraisers, but not to units and departments handling cases.
Paragraph 2 of Article 17 of the Procedures for Handling Criminal Cases by Public Security Organs of the Ministry of Public Security stipulates that criminal cases with disputed jurisdiction or special circumstances may be designated by a common public security organ at a higher level.
On the day of the incident, the family members of the deceased strongly demanded that the case be handled by Harbin Public Security Bureau. Accordingly, the Provincial Public Security Bureau designated our bureau to file a case for jurisdiction. Therefore, the Municipal Public Security Bureau filed a case for investigation in accordance with the law, and in the process of handling the case, the Municipal Public Security Bureau completely followed legal procedures and adhered to the principles of legality, fairness, openness and transparency. There was no problem of favoring any party. Therefore, it is not in compliance with the law to ask Harbin Public Security Bureau to withdraw.
Five, about the family of the deceased to consult all the contents of the autopsy report.
We have announced the autopsy to the public through a press conference. In addition to four authoritative forensic experts from the Ministry of Public Security, the People’s Procuratorate of the Supreme People’s Procuratorate and Inner Mongolia Autonomous Region invited by the handling unit through the Provincial Public Security Department, and three forensic experts designated by the family of the deceased, Fu Guoping, the chief forensic doctor of Heilongjiang Provincial People’s Procuratorate, witnessed the whole process of the autopsy site. The family of the deceased and their lawyers also witnessed the whole process of autopsy. Autopsy is completely in line with legal procedures, and the autopsy results are realistic.
Article 121 of the Criminal Procedure Law of People’s Republic of China (PRC) stipulates that the investigation organ shall inform the criminal suspect and the victim of the appraisal conclusion used as evidence. At present, we have informed the family of the deceased of the autopsy conclusion in time in accordance with legal procedures.
Article 36 of the Criminal Procedure Law of People’s Republic of China (PRC) stipulates that defense lawyers may consult, extract and copy the litigation documents and technical appraisal materials of the case from the date when the people’s procuratorate examines and prosecutes the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People’s Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody. The case is still in the investigation stage and has not been transferred to the people’s procuratorate for review and prosecution. Therefore, defenders, including lawyers, relatives and friends, cannot consult, extract or copy the technical appraisal materials of this case. (Qin Lei, Zhang Yingmin, Lu Jun)
Editor: Wang Jiaolong