Chapter 210: The Uninvited Guest (4)
After knowing that his mother did not commit suicide, but was killed, Huang Xiaotian's mood of wanting to redress his mother's grievances can be understood by Shang Luoyu and Huang Yixi, but unfortunately they can't help.
Huang Xiaotian covered his face, not letting people see his expression, only heard him muttering to himself, "Is there really no way?" Then my mother, isn't my mother's sin in vain, she endured so much pain, she didn't become like that, didn't she just hope that one day her grievances could be avenged and leave this world innocently?"
The matter of Huang Xiaotian's mother, scientifically speaking, is that she did not die after being buried alive, and she emptied the air in the coffin to form a vacuum, and now she heard that the coffin was poured with asphalt around it, which confirmed Shang Luoyu's judgment, but from the perspective of feudal superstition, it is difficult to rule out that there are no non-human factors, after all, everyone believes in a sentence, Skynet is magnificent, negligent but not leaky.
Shang Luoyu asked calmly, "Xiao Tian, do you know who caused such a consequence, and are he or they still alive?"
From such a result, it is not difficult to conclude that the real murderer must be among Huang Xiaotian's family, although there is no evidence to determine the specific murderer, but there are traces to follow.
"That's right!"
Huang Yixi suddenly thought of this question, that day she heard her aunt say that it seemed that Huang Xiaotian's grandparents and aunt and Huang Xiaotian's mother quarreled, if this is the case, the three of them now seem to be the only one left Huang Xiaotian's aunt is still alive.
If the murderer has passed away, there is no point in pursuing it, Shang Luoyu still has a layer of worry, only Huang Yixi understands, speaking of which are all Huang Xiaotian's relatives, whether ancient or modern, Chinese or foreign, there are rules for relatives and relatives, of course, the victims are also Huang Xiaotian's relatives, so let's talk about it separately.
Huang Xiaotian gritted his teeth, "I asked the old people in the village, it should be my grandparents and aunt who quarreled with my mother over five catties of food stamps, but I don't believe it, my grandparents are not stingy people, it is impossible to treat my mother like this for a few catties of food stamps, but my grandparents are gone, no one knows what the truth is, I asked my aunt, but she ignored me." ”
Huang Xiaotian is the eldest grandson of their family, from childhood to adulthood, his grandparents love him very much, what is delicious, the first time he held it in front of him, even if his father remarried and gave birth to a son, his status in the family has not changed, even if it is the eldest aunt, it is not bad for him, so when he first knew, he couldn't accept it.
"That's, Oda!"
Lin Shufang, who had not spoken for a long time, spoke weakly, Lin Shufang was a person who had gone through ten years of turmoil, it was very difficult at that time, there were even starvation deaths in the village, and five catties of food stamps were actually a lot, "You don't know that everyone has been in difficulty in those years, it may be a momentary anger, you don't want to be too painful, maybe they are just unintentionally lost." ”
In Lin Shufang's eyes, there are no bad people in this world, but Huang Yixi also agrees with her mother's opinion, even if she investigates who is the real murderer, it is meaningless at the moment.
"No, I didn't clear my mother's grievances, let my mother go clearly, I was her son in vain, Xiaoxi, you can help you Brother Xiao Tian, help Brother Xiao Tian figure out why they killed my mother, even if it is a judgment that cannot be enforced, let me burn it in front of my mother's spirit, I am willing." ”
In Huang Xiaotian's opinion, the reason why his mother was able to see the light of day was that he wanted him to avenge her grievances, so no matter what, he had to complete this matter.
Huang Xiaotian suddenly knelt down towards Huang Yixi and Shang Luoyu, and was so frightened that several people came up to pull him, but he struggled and refused to stand up, but Lin Shufang spoke up, "Xiaotian, what are you doing, Xiaoxi is younger than you, you are breaking her life like this." ”
After saying this, Huang Xiaotian straightened up, sat down dejectedly, covered his face with his hands and stopped talking, tears dripping silently from his fingers.
Several people sat looking at each other, unable to break the silence, and after a long time, Huang Yixi slowly spit out a sentence, "Brother Xiaotian, if you really want to figure it out, let's go and file a private prosecution ourselves?"
Hearing this, Shang Luoyu suddenly looked up at Huang Yixi, was she dizzy, such a serious case did not meet the conditions for criminal private prosecution at all.
According to article 112 of the Criminal Procedure Law, private criminal prosecution refers to a lawsuit directly filed by a victim, the victim's legal representative, or close relatives in a people's court for the purpose of pursuing the defendant's criminal responsibility. Private prosecution cases are the symmetry of "public prosecution cases".
In China, courts at all levels take prosecution as a precondition for adjudication when hearing cases. If there are no parties to the court, there is no court hearing. Courts hear criminal cases, which are divided into public prosecutions and private prosecutions.
In public prosecution cases, the people's procuratorate is to initiate litigation in the people's court on behalf of the state, and in private prosecution cases, the victim himself, his legally-designated representative, or close relatives directly initiates litigation in the people's court.
Shang Luoyu shook his head and denied Huang Yixi's proposal, "This case is either intentional homicide or intentional injury resulting in death, and it does not meet the scope of private prosecution cases."
Article 204 of the Criminal Procedure Law stipulates that the scope of private prosecution cases shall be as follows:
(1) Cases that are handled only after being told
The so-called cases that are handled only after complaint refers to cases in which the victim, his legally-designated representative, close relatives, and so forth initiate a lawsuit and the people's court accepts it.
The criminal cases handled by the complaint include the following:
1. Cases of insult and defamation as provided for in Article 246 of the Criminal Law, except where social order and national interests are seriously endangered.
2. Cases of violent interference with the freedom of marriage as provided for in Article 257, Paragraph 1 of the Criminal Law.
3. Cases of ill-treatment as provided for in paragraph 1 of Article 260 of the Criminal Law.
4. Cases of embezzlement as provided for in Article 270 of the Criminal Law.
(2) Minor criminal cases in which the victim has evidence
The so-called minor criminal cases refer to cases in which the facts and circumstances of the crime are relatively minor, and a sentence of up to 3 years imprisonment or short-term detention or controlled release may be given. This type of case emphasizes the burden of proof on the victim, and whether a private prosecution can be established depends to a certain extent on whether the victim has evidence or whether the evidence is sufficient, and if the victim has no evidence, the people's court will not accept it. If the evidence presented by the victim is insufficient to support their prosecution claims, the people's court will rule to reject the private prosecution.
Huang Yixi originally thought that there was a catch-all condition for this kind of case, and she was a little disappointed when she heard Shang Luoyu say this, but after she saw that Huang Xiaotian's gray eyes were already a little bright, and they turned dark in an instant, she still couldn't bear it, and asked Shang Luoyu hesitantly, "Can the victim have evidence to prove that the defendant's infringement of his personal and property rights should be investigated for criminal responsibility in accordance with the law, and the public security organ or people's procuratorate will not pursue the defendant's criminal responsibility." ”
According to the relevant judicial interpretations, the so-called cases in which the public security organs or people's procuratorates do not pursue the defendant's criminal responsibility refer to cases in which the public security organs or people's procuratorates have already made a written decision not to pursue the defendants. That is, the public security organs and people's procuratorates have already made written decisions such as not filing a case, withdrawing the case, or not prosecuting.
Shang Luoyu smiled bitterly, "You yourself said that you were the victim, but Huang Xiaotian is not the victim, but a close relative of the victim." ”
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