Chapter 265: Inquire about the case

Deputy Director Li came out of the cafeteria in response, still wiping his mouth with a napkin. Pen & Fun & Pavilion www.biquge.info

"These are two of my old classmates, and they're looking for you to ask about something." After a brief introduction to her husband, Yang Yuling smiled apologetically at the two and retreated to the restaurant.

Deputy Director Li shook hands with Niu Dehua and Niu Tiangou, politely beckoned them to sit down on the sofa in the living room, and then asked, "What's the matter?" ”

Niu Tiangou owed and said, "We want to ask, how is the fight and murder case that happened in Beihe Town not long ago?" ”

"Oh...... There is this case. Deputy Director Li replied, and then asked, "What, are they who are you?" ”

"Oh, one of them is named Zhao Xiaobao, it's mine...... Learn...... Student. Niu Tiangou didn't want to make the relationship too complicated, so he directly said that he was his student, and then asked, "How long will it take for this case to be resolved?" ”

"Well...... Deputy Director Li thought for a moment and said, "This is not an ordinary criminal case, but a major homicide case, so it depends on the investigation of the case." ”

"......" Niu Tiangou was stunned, thinking, isn't this nonsense?

Seeing that Niu Tiangou seemed puzzled, Deputy Director Li patiently explained: "The process from criminal detention to sentencing is as follows: the first step is the criminal detention stage. This is the criminal investigation stage of the public security organs, with a maximum of 37 days;

"The second step is the arrest stage after the public security organ submits to the procuratorate for approval of the arrest. The period of detention after arrest is 2 months, and may be extended by 1 month if the case is complicated and cannot be concluded at the expiration of the investigation, and may be extended for another 2 months in cases where it is difficult to collect evidence in cases where it is difficult to obtain evidence, and if it is possible to give a sentence of 10 years or more imprisonment, and where it cannot be concluded after the above time limit, it may be extended by 2 months with the approval of the provincial procuratorate. Therefore, the period of investigation and detention after arrest in major and complex cases such as homicide cases is 7 months.

"These two phases add up to eight months. These two phases may also be referred to collectively as the custodial or investigative phases.

"The third step is the review and prosecution stage of the public security organ's transfer to the procuratorate. After examination, the procuratorate files a lawsuit with the court in the capacity of a public prosecutor for a period of one and a half months, and if the evidence is insufficient, it can be returned for investigation twice for one month each time. So this phase has a maximum of three and a half months.

"The fourth step is the court trial stage. If it is a death sentence, it shall be carried out after approval by the Supreme People's Court.

"Therefore, a case has to go through the process of detention, detention, prosecution, and sentencing."

After listening to Deputy Director Li's remarks, Niu Tiangou generally understood the procedure from criminal detention to sentencing, and knew that it would take nearly one year to complete this procedure.

"That'...... Zhao Xiaobao: Will they be sentenced? Niu Dehua asked worriedly. This is also a problem that Niu Tiangou is worried about.

"We won't be able to draw conclusions until the investigation is over."

After Deputy Director Li finished speaking, he said thoughtfully: "However, our criminal investigators found a big suspicion during the investigation, that is, several fatal knife wounds on the deceased were triangular spatula wounds, and we never found the triangular spatula at the scene of the crime, only in Zhao ...... Oh, Zhao Xiaobao, only a double-edged knife was found on Zhao Xiaobao and the five of them, and the knife edge was wrong.

"So we suspect that it is very likely that the murderer was someone else, according to eyewitnesses, there were many people who took the opportunity to beat the deceased at that time, and the scene was very chaotic, it cannot be ruled out that someone took advantage of the chaos to stab the knife, and the masses reported that the deceased did evil in Beihe Town, and there were many people who hated him."

"In this case, Zhao Xiaobao, will they be prosecuted?" Niu Tiangou hurriedly asked.

"In this case, additional investigations are still needed. If the supplementary investigation still cannot prove that the deceased was killed by Zhao Xiaobao and them, that is, the evidence of the murder is insufficient, the procuratorate may make a decision not to prosecute. Deputy Director Li replied.

"The Criminal Procedure Law stipulates that if the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be rendered that the evidence is insufficient and the charges cannot be established." Deputy Director Li continued, "This means that when the defendant cannot be proved guilty or innocent, the principle of innocence can only be followed and the defendant is presumed innocent. ”

Hearing this, Niu Tiangou finally breathed a sigh of relief, and he had to tell Zhao Xiaoyan the news immediately after he went back.

"Then please ask Deputy Director Li to inquire about this case in the future." Niu Dehua hurriedly interjected beside him.

"Rest assured, the case will be handled impartially. In cases where the public security organs have concluded their investigations, the facts of the crime must be clear, and the evidence is sufficient and conclusive; otherwise, the public security organs will not transfer the cases to the procuratorate for examination and prosecution. Deputy Director Li said seriously.

"But ......," Deputy Director Li hesitated for a moment, and then added, "If, I mean, if Zhao Xiaobao's case does not have evidence of murder after supplementary investigation, although the procuratorate can not prosecute, it may involve the issue of civil compensation, after all, the victim died in a fight with Li Xiaobao and them, and the victim's family has the right to submit a request for civil compensation to the public security organs and the procuratorate." ”

Deputy Director Li finally said: "After you go back, you should be prepared to do a good job of coordination, and it is best to promote the two sides to reach a compensation agreement in the future." ”

Having said this, Niu Dehua and Niu Tiangou hurriedly got up and said goodbye.

Walking to the door, Niu Dehua said again: "Then please ask Director Li about it." ”

"Okay, I'll ask about the situation when the results of the supplementary investigation come out." Deputy Director Li nodded.

At this time, Yang Yuling also came out and said enthusiastically to the two: "Now you also know the door of my house, and you have time to come over to play together, ah?" ”

Niu Dehua smiled and nodded, Niu Tiangou listened, and his heart suddenly warmed.

……

After coming out of Yang Yuling's house, thinking that Niu Dehua hadn't eaten lunch yet, and he was hungry, Niu Tiangou forced him into a small restaurant.

After ordering a few dishes and asking for a bottle of wine, the two sat down and chatted while drinking.

"You say, Zhao Xiaobao, will they be sentenced in the end?" Niu Tiangou and Niu Dehua clinked glasses and asked.

"Zhao Xiaobao probably won't." Niu Dehua said with certainty, "One of the reasons is that they didn't kill people with knives at all, and no matter how much the public security organs supplement the investigation, they won't find evidence; The second reason is that we found Deputy Director Li, and he personally asked; The third reason is that Zhao Xiaobao is an accomplice, not the main offender, and he just went to make up the number of people, and did not do anything. ”

"Will Deputy Director Li's interrogation be of great effect?" Thinking about what Niu Dehua asked Deputy Director Li to ask about several times just now, Niu Tiangou couldn't help asking.

"Of course." Niu Dehua and Niu Tiangou dried the wine in the cup together, and then took a bite of the dish.

Seeing that Niu Tiangou seemed puzzled, Niu Dehua put down his chopsticks and said: "Think about it, if there is a murder case, if you can't find the real murderer and can't solve the case, it can only prove the incompetence of the local public security organs, and the local public security organs will therefore bear tremendous pressure from the leaders above and the public opinion below. ”

"Can there be such a thing?" Niu Tiangou was stunned, and the hand holding the wine bottle also stopped.

"Of course. This kind of thing has not happened in other places, otherwise, there would be no words such as 'unjust cases' and 'wrongful cases', and there would be no system of 'state compensation'. ”

After Niu Tiangou poured the cup full, Niu Dehua continued, "I have heard of such a thing, in the same village, there are two people A and B fighting with knives, B suddenly disappeared, after a period of time, the villagers found a highly decomposed corpse in the weeds in the back mountain, the local public security organs after repeated investigations, never found the real culprit, in order to close the case as soon as possible, it was determined that A who had fought with B was the murderer, because only A was the most suspected.

"A insisted on denying it at first, but the torturers handcuffed and hung him, punished him and knelt and slapped him, punched and kicked him and served him with batons.

Speaking of this, Niu Dehua deliberately stopped and said, "Guess what happened in the end?" ”

"What's wrong?" Niu Tiangou stopped his chopsticks.

"After A was in prison for 12 years, B suddenly returned to the village alive!"

"What's going on?" Niu Tiangou was also confused, "That...... B didn't die? ”

"yes." Niu Dehua slapped the table lightly, "It turns out that after B slashed A, he was worried that A would retaliate, and he was even more worried that he would go to prison after A was hacked to death, so he sneaked out of the village overnight and didn't dare to come back, so he simply ran out to work!" ”

"Then why did he come back?"

"Later, he probably felt that he was getting older, sick again, and worried about dying outside, so he came back."

Speaking of this, Niu Dehua sighed, "He was afraid of going to prison and ran out, but he caused A to sit in prison for him for 12 years!" Do you say that A is not wronged? Was this case unjustly judged? ”

Niu Tiangou also sighed for a while, and then asked, "That...... Who was that dead man? ”

"Of course there are other people, and the murderer is also someone else."

"What happened to that A?" Niu Tiangou then asked.

"Acquittal, of course. It is said that A also later received 'state compensation'. ”

After Niu Dehua finished speaking, he sighed again: "Therefore, the principle of 'no guilt in doubt' that Deputy Director Li said is still very reasonable." You say, if the public security organs had followed the principle of 'no guilt in doubt', they would have handled such a 'Dou E's injustice'? If that Person B never comes back or dies of illness outside, won't Person A be wronged to the end? ”

"That's right." Niu Tiangou nodded, and then asked suspiciously: "Do you say that this case is related to Deputy Director Li's case of Zhao Xiaobao?" ”

"Of course there is a connection." Niu Dehua took a bite of food, then put down his chopsticks and said, "With Deputy Director Li personally interrogating, it is impossible for Zhao Xiaobao and them to be tortured into a trick, and it is impossible to handle an unjust case like A." ”

"That's just as well." Niu Tiangou had to admire Niu Dehua, "With Deputy Director Li personally interrogating, and with his insistence on the principle of 'no doubt of guilt', even if someone wants to handle an unjust case, they can't do it." ”

"Okay, I can't drink anymore." Seeing that Niu Tiangou came to pour wine again, Niu Dehua hurriedly stretched out his hand to stop him, "I will go to work in a while." You give me the phone number, and I will keep you informed when there is news about the case. ”

Seeing him say this, Niu Tiangou couldn't persuade him anymore, so he reported his phone number to him, he wrote it down and called it back, and Niu Tiangou saved his number.

Then, Niu Tiangou went to settle the bill, and the two went out of the small restaurant.