"Criminal Procedure Law" and the Supreme People's Court on Several Issues "Criminal Procedure Law" interpretation
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/Author:
Aaron Lewis
One, "criminal law" article fourteenth the people's courts, the people's procuratorates and the public security organs shall safeguard the litigant participant shall have the litigation rights.
In accordance with the "Criminal Procedure Law" provisions of article fourteenth, Song Baoming in the case without legal authority -- require police Huang Zengying re identification!
Two, "Criminal Procedure Law" forty-second article prove the true circumstances of a case are all the facts, evidence. There are the following seven kinds of evidence: (a) material evidence, documentary evidence; (two) the testimony of a witness; (three) statement of the victim; (four) the suspect, the defendant confession and exculpation; (five) the identification conclusion; (six) record of investigation, inspection; (seven) audio-visual materials. The above evidence must be verified before it can be taken as a basis.
In accordance with the "criminal law" article forty-second (five), then the collegiate bench trial on May 5, 2008 announced "re evaluation" of Huang Zengying's injury ruled that the prosecution in court, also said "no objection" the decision of the court, but the so-called victim Huang Zengying has refused to re identification.The court shall make the re identification of ruling that court found that the appraisal conclusion new City Public Security Bureau forensic lab made is not true, in the identified people refused to identify situations, should according to the appraisal conclusion on the New Urban Public Security Bureau forensic chamber shall not be accepted.But the court did not make a withdrawal in May 5, 2008 announced that the ruling, in the police Huang Zengying did not re identification in case the final ruling in December 8, 2008 to maintain the original, the final verdict court in violation of the provisions of "criminal procedural law" in article forty-second, it is wrongful judgment!
In accordance with the provisions of "Criminal Procedure Law" article 120th, injured the appraisal conclusion to the police Huang Zengying before and after the twelve trial, sufficient evidence to prove that the police that Huang Zengying is cheating malingering, illustrate the original appraisal conclusion is doubtful and violation of scientific common sense can not explain this question, then, should be in accordance with the provisions seriously implementation of the May 5, 2008 decision to re identify necessary for police Huang Zengying, but then no revocation of the ruling, but violate "Criminal Procedure Law" provisions of the law to maintain the original issued final ruling, the arbitration ruling is illegal!To pervert the law ruling!
Four, "criminal law" article 121st the investigation organ shall be used as proof of the appraisal conclusion to inform the suspect, the victim.If the criminal suspect, the victim can apply, supplementary identification or re identification.
In accordance with the "Criminal Procedure Law" provisions of article 121st, the day of Song Baoming from August 4, 2006 was detained until the case of final appeal, always re identification requirements for identification of police injured Huang Zengying, but whether the case is the level at which the judicial organs have no legal claim to the Song Baoming's support, issued on the appraisal conclusion so controversial major final the court also to "forensic identification is a forensic forensic qualification, have the force of law" on the grounds, the forensic conclusion so many doubts, against science, as the verdict according to stultify oneself, we can not say the case eventually the lid does not recognize the identification conclusion is wrong, do not admit in the case of illegal procedure our grievances, the WHO says?
Five, "criminal law" article 159th during a court hearing, the parties and the defenders and agents ad litem, shall have the right to request new witnesses, obtain new material evidence, to apply for re identification or inspection. The court for the above application, shall make a decision whether to consent.
In May 5, 2008 the court of appeal the collegial panel in accordance with the provisions of the "Song Baoming Huang Zengying called for re identification of" court announced the re evaluation of Huang Zengying's ruling, but the police Huang Zengying has not re examination, he was afraid of malingering, feigned injury truth exposed.
Six, the Supreme People's Court on some problems in the implementation of "China people's Republic of China Law of criminal procedure"
Article fifty-eighth: evidence must be produced in court, identification, quality certificate, court investigation procedures verified, otherwise it can not be taken as a basis.The witness appearing in court to give evidence, to be in court by the public prosecutor, the victim and the defendant, defenders such as the two sides asked, testimony, the testimony through the review does, can serve as the basis for deciding not to appear in court; witness's testimony in court read after verified, can be taken as a basis.The court found the witness intentionally giving false testimony or concealing criminal evidence, shall be dealt with according to law.
Article fifty-ninth: doubt the appraisal conclusion, the people's court may designate or appoint a special knowledge or expertise institutions, supplementary identification or re identification of some specific problems in the case.
Article sixtieth: the people's court in the trial, the appraisal conclusion to the designated by the provincial people's government by the hospital, after examination, that is, not as yet based on other hospital, can employ separate the provincial people's government designated supplementary identification or re identification.
According to the Supreme People's Court on some problems in the implementation of "China people's Republic of China Criminal Procedure Law" interpretation of article fifty-eighth, article fifty-ninth, the provisions of article sixtieth, the final verdict court clearly violates the above provisions, it is wrongful judgment!