Earlier this month, the ZhaoZuoHai case was exposed by the media and attracted the attention of the higher people's Court of Henan Province. In the afternoon of May 5, the provincial high court decided to start the retrial procedure. In the afternoon of May 7, Shangqiu intermediate people's court submitted the evidentiary materials for zhaozhenxiang's identity confirmation.
The retrial reported by the Henan Provincial High Court is as follows: on February 15, 1998, zhaozuoliang, Zhaolou village, laowangji Township, Zhecheng County, Shangqiu City, reported to the public security organ that his uncle zhaozhenxiang had been missing for more than four months and was suspected of being killed by ZhaoZuoHai, the same village. The public security organ conducted a relevant investigation that year. On may8,1999, an unidentified body with high degree of decay was found in Zhaolou village, so the public security organ took ZhaoZuoHai as a major suspect and detained him on May 9. From May 10 to June 18, ZhaoZuoHai made nine guilty confessions. On October 22, 2002, Shangqiu Municipal People's Procuratorate initiated a public prosecution to Shangqiu intermediate people's court for the defendant ZhaoZuoHai's intentional homicide. On december5,2002, the first instance of Shangqiu intermediate people's court sentenced ZhaoZuoHai to death, suspended for two years, and deprived him of political rights for life.
On february13,2003, the provincial court made a ruling after review and approved the above judgment of Shangqiu intermediate court.
On April 30 this year, zhaozhenxiang returned to Zhaolou village. According to the investigation, on the night of October 30, 1997, zhaozhenxiang took his kitchen knife and hacked Zhao Zuohai at Du's home. Afraid of Zhao Zuohai's revenge and being hacked to death, he packed up his things and rode a bicycle in the early morning of October 31. He went out with 400 yuan, quilts and ID cards to collect waste products for a living. He returned to the village last year because he suffered from hemiplegia without money for treatment.
The ZhaoZuoHai case is obviously wrong
In the afternoon of May 8, the provincial court held a trial committee, which held that the case of ZhaoZuoHai's intentional homicide was an obvious wrong case. The trial committee decided: 1. To annul the provincial court's (2003) yfxyfz No. 13 criminal ruling and Shangqiu intermediate people's court's (2002) Shang Xing Chu Zi No. 84 criminal judgment, and declare ZhaoZuoHai innocent. 2、 The provincial court made legal documents overnight, sent personnel to serve the judgment immediately, and contacted the prison administration to release the person. 3、 Arrange Zhao Zuohai's life after his release from prison and start the state compensation procedure.
On the evening of the 8th, the provincial high court made legal documents overnight, sent personnel to immediately deliver the judgment and contact to release the person. Zhang Liyong, President of the Henan Provincial High Court, said that if Zhao Zuohai is not guilty, he must be released immediately and cannot be allowed to stay in prison for another day. At the same time, it is necessary to publicly announce the judgment, restore their reputation, solve their current living problems, and start the compensation procedure.
At yesterday's press conference, zhangliyong said that they informed the news units of the case in time; The discipline inspection and supervision departments of the provincial high court file a case for investigation and investigate the responsibility of the irresponsible judges; The majority of judges should earnestly learn from the lessons and take warning. They must be responsible for the law, the people and the people's lives.
Release ZhaoZuoHai, who burst into tears at the news
At 7:30 yesterday, after the prison leaders learned that ZhaoZuoHai would be acquitted, they came to ZhaoZuoHai's cell with the police on duty. The prison guard stopped to look at the criminal's mood barometer and found that ZhaoZuoHai's mood card was pasted in the red happiness form.
According to the prison meeting management regulations, ZhaoZuoHai had a normal meeting with his uncle and sister on May 4 and was informed of the progress of the case. In order to calm ZhaoZuoHai's excitement, the prison guards conducted psychological counseling for ZhaoZuoHai, and finally told him the news slowly.
After hearing this, ZhaoZuoHai was silent for a long time. Finally, he couldn't help crying. After calming down, ZhaoZuoHai thanked the police in the prison area for their management and education over the years. He said that the prison guards have been caring for him from many aspects according to his age and family difficulties. Because he obeyed the management education during his imprisonment, ZhaoZuoHai received two commutation awards.
As for the individual who has been giving up the appeal during his sentence, he said that he hopes to make the appeal plan after he is released from prison after commutation.
Sign the document and bow your thanks
At about 8 o'clock yesterday, under the leadership of the prison police, ZhaoZuoHai walked into the trial site set up by the provincial high court in the prison. When the presiding judge announced Zhao Zuohai's acquittal according to the procedure, Zhao Zuohai solemnly signed his name on the relevant legal documents. In front of the late justice, ZhaoZuoHai could not help bowing his thanks. Subsequently, the prison penalty enforcement section issued him a release certificate and a journey home fee according to the legal link, and the prison District handed over personal materials and property to him.
At 9:30, Zhao Zuohai, dressed in civilian clothes and freed again, accompanied by the prison police, walked out of the prison gate with a complicated look and left with the representative sent by laowangji Township, Zhecheng County, Shangqiu.
Both dialogue and case handling organs have responsibilities
Reporter: as the president of the provincial high court, how do you view the Zhao Zuohai case?
Zhangliyong, President of the Henan Provincial High Court: Whoever makes mistakes must be investigated. Whoever makes mistakes must be corrected. The occurrence of this kind of thing is a wake-up call for us, and we should make a good summary from this case.
Reporter: why is there such a wrong case?
Zhangliyong: there are many doubtful points in this case, but there is such a judgment. The three case handling organs are all responsible. They do not adhere to the principle of taking the facts as the basis and the law as the criterion, nor to the principle of no suspected crime.
Reporter: will the responsible person be held accountable?
Zhangliyong: if you do something wrong, you should take responsibility. At present, the discipline inspection and supervision departments of the provincial high court have filed a case for investigation and investigated the irresponsible judges.
Reporter: what do you think after hearing that ZhaoZuoHai was imprisoned?
Zhaozhenxiang: (silent...) well, I'm also a victim. I hate him. He provoked it. At that time, my 1800 yuan was hard-earned money. I work hard for more than 10 hours every day, and I can earn 200 yuan a month
He spent 11 years in prison, and I also wandered for 13 years. He suffered and I suffered (tears twinkled in his eyes). It's all because of that damn fight. It's all because of youth. It's not worth thinking about it now.
Reporter: after he was sentenced, his wife left and his children were given away. Do you know?
Zhaozhenxiang: I didn't know until I came back. I went to see my house and saw his house. The houses collapsed and tall thatch grew in front of the house. I felt that something indescribable was blocking my heart. What are you talking about? (silence...)
The person in charge of the investigation case has been promoted
Zhupeijun, who is currently the director of the Development Zone Branch of Shangqiu Public Security Bureau, was the deputy director in charge of criminal investigation of Zhecheng County Public Security Bureau at that time. He, dingzhongqiu and luomingzhu were both the persons in charge of ZhaoZuoHai case of Zhecheng County Public Security Bureau. This situation was confirmed by zhangshuying, head of publicity unit of Zhecheng County Public Security Bureau yesterday. At present, Ding Zhongqiu is the executive deputy director of Zhecheng County Public Security Bureau, and luomingzhu was later transferred to Shangqiu Public Security Bureau.
The reporter learned from Zhecheng County Public Security Bureau that dingzhongqiu was the leader on duty on May 9. Last night, the reporter called dingzhongqiu's mobile phone, which was set as a secretary service. The reporter interviewed Zhu Peijun by telephone yesterday, and Zhu immediately hung up after listening.
How lawyers handle major and difficult lawsuits?
Like the wildebeests with the desire to migrate,
Like the camels with the will to cross the desert,
Like the King Cobras with the confidence to capture its prey,
Like the crocodiles with the patience to wait,
Like the lions with the sense of cooperation,
Like the outstanding lawyers.