I in December 29, 2004 in Henan Province Higher People's Court published by Ma Tingxin "Miemen murder" defense, first revealed the "Yuan Lianfang" the devil. He set up Ma Tingxin in the provinces after 2003 make a hurried journey without stop back to Hangzhou against Zhang Hui, nearly two innocent lives ruined. Ma Tingxin paid for five years and zero eight months of free, while Zhang Hui was in prison for ten years. In ten years, a variety of coincidences, I experienced numerous difficulties and dangers successively for Ma Tingxin and Zhang Hui, defense, Ma April 17, 2008 Tingxin acquittal in March 26, 2013, Zhang Hui acquitted. Now repeat Ma Tingxin case statement of defense, is to dare not forget the memory.

       In these ten years, a detective, footprint identification God eyes, ears, special detective woman killer, Professor, turtles, judges, prosecutors, lawyers, succession stage, interpretation of the ups and downs of the modern rule of law major drama, there are fuzzy, some memory deep and profound, some secret is carried to the grave.

Ma Tingxin homicide defence

Meets with Ma Tingxin

In April 17, 2008, Ma Tingxin acquitted

In March 26, 2013 Zhang Hui, Zhang Gaoping acquittal

 

The presiding judge, judge:

        Commissioned by the defendant Ma Tingxin, and assigned to the Beijing customs law firm, I shall act as the defendant Ma Tingxin's lawyer, according to the facts and the law is published as follows the defense opinion:

A, case is caused by errors of Polygraph Conclusion with the wrong case

         In August 31, 2002, Hebi city public security organs in the junlingzhuang after three months, the case without any progress, in order to early detection, they invited the polygraph expert from Beijing, the suspects were psychological test. Dramatic is, the parties Ma Tingxin told me in the case of the so-called lie detector test, is shortly before making the Chinese People's Public Security University is a national Hubei Zhongxiang four teachers poisoning case of Mr. Wu Boxin. In this case, military experts not only that Ma Tingxin is a criminal suspect, but also absurd that another patient osteoporosis disease, even a normal life with great care to Ma Tingwei is also a suspect. In fact, over the past few years in the China because polygraph in case that shocked the nation be too numerous to enumerate: Yunnan police homicide, Du Peiwu put up eight years of Yunnan Sun Gang Wan homicide, and Anhui Institute of electrical and mechanical murder case of Liu Minghe, and took place in Henan, Sanmenxia high Tiegang homicide, none had been the so-called polygraph experts identified as the suspect. We see in almost every major grievance has polygraph expert of misattribution. Want at the outset, polygraph experts have easily to say: he is, however, is the three words can make another innocent people suffered endless spiritual and physical pain. The parties to a case to be deemed suspect, without exception, have been cruel torture to extract confessions. Also in this case is the emergence of the so-called lie detector, even so, another two polygraph the case results in or exclude this case the defendant Ma Ting new suspicion. But in case we didn't see another out of polygraph examination the defendant (according to the defendant is Puyang City Public Security Bureau experts test). Mr. Wu Boxin has said on many occasions, polygraph identified the suspect can not be completely accurate, but exclude suspicion can be 100 percent accurate, but, on the other a polygraph exclusion of my party Ma Tingxin did not considered 100% accurate? Visible polygraph experts this stultify oneself. It is be hardly worthy of belief. My client is Ma Tingxin in the public security organs cracked three months under the condition of the fruit, the manufacturing major case of polygraph experts put on the suspect's hat, and four teachers with Du Peiwu in Yunnan, Hubei Zhongxiang in the cruel torture to extract confessions, chose to lie in front of the life and lies, against a confession, gave all the police needed. Yunnan is particularly afford much food for thought, Du Peiwu has confessed video, Hubei four teachers have the confession videos, the defendant Ma Tingxin also have a confession. The Supreme People's Procuratorate has issued a circular, the procuratorial organs at all levels in the criminal proceedings are not allowed to be used as the evidence of polygraph results.

Two,In this case there are twenty-seven meter thirty-six points can not be ruled out and explain the doubt

(a) of the Xunxian County Public Security Bureau footprint identification that footprint and footprints on the scene to Ma Tingxin's inconsistent. Witness according to volume fourth volume03Years12Month27Xunxian County Public Security Bureau (No.2003Jun Gong Xing). No.001No.. This pair of slippers and Ma Tingxin confessed that his a pair of slippers, even have the same color.

(two) second autopsy report, in Chen Lianrong's skull was found to have a broken nose (the volume a11Evidence of the No.2Page) and whether this tip originally identified with the public security organs. For the same material, volume no conclusion.

(three) the prosecution to provide on-site footprints and fingerprints are right only with the blood, why not provide another footprints and handprints or not bloody handprint and footprint material.

Four.30Old Chen Lianrong young and strong, and the murderer in the fight process, why didn't the murderer wounded or scratched, the site did not leave any trace of the murderer dander, hair, and no one heard shouting. Ma Tingxin's testimony and Chen Lianrong were fighting in the battle, Chen Lianrong shouted for help. The summer night at about ten, is the dead of night, but people still do not have time to sleep. As a woman, if the same killer instinct in the fight, the murderers scratching at the scene play, will leave the hair, the nail will leave the dander and other material evidence. In the case of Chen Lianrong nails still exist in the second test, but did not see the body material. The defendant Ma Tingxin is hair loss of hair, a normal person away every day50Around the root hair, and night out more. Hair loss of hair every day100-300Root hair, average each hour10Around the root, but the crime scene after several exploration was not found in the direct evidence of a tiny bit, or make aDNAWill The case is entirely cleared. identification.

(five) the public security organs that Ma Tingxin will be the first on the door of Chen Lianrong killed, Ma Tingxin also once statement will Chen Lianrong killed in the chest, but the survey found nine of blood on the door of the safe areBBlood type, and Chen LianrongOBlood type. The Chen Lianrong is not dead in the door, but died in the south-east corner of the small bed.

(six) Ma Tingxin confession found at the scene1850Yuan of money, then the money actually went to where, who have seen the blood money, there is no evidence. And Ma Tingxin in the statement, while the first hit the sofa cushions after seeing the money, while said is seen in the pick up the mat back on the sofa. Multiple statements inconsistent.

(seven) two autopsy reports that Chen Lianrong was sharp cut off the right carotid artery to bleed to death, Ma Zeang Department of others with sharp cut off the left carotid artery to bleed to death. Cut off two people in this field of carotid artery, but not carotid artery was cut off after the blood spatter. Only the outflow of bank blood. There is considerable pressure in the arteries, especially the neck artery pressure is greater, the artery was cut must have blood from splashing outwards. But in this case the scene without a trace of blood spatter.

(eight) on blood socks printing, the public security organ that Ma Tingxin lost one shoe on and Chen Lianrong fight, that horse Tingxin in three people killed two room, then put in the last left the scene, then at the scene can only in the outer room left a blood socks printing, and stained with blood wear socks feet wouldn't leave footprints in the room?

(nine) on the patio in the shoe imprints, the public security organ that Ma Tingxin first kill outside Chen Lianrong, kill the horse ze'ang, finally killed outside Ma Huimeng. Man killed and then into the back room for cloth cutter, in the inner room turn out one lap later, before leaving the house after the jump to leave the scene. But the next room no footprints, it is puzzling the outer rooms have bloody footprints, enter the inner house is not, but a next room into the yard and footprints, the apparent contradiction cannot explain.

Ten.02Years6Month1Number, the public security organs to intervene in the case, the Xunxian County Public Security Bureau survey the scene found in the courtyard wall, the wall of blood, then guess the murderer in the over the wall left when the blood, so Ma Tingxin confessed murder over the wall to escape, until03Years3Month12No. the interrogation of Ma Tingxin materials also said over the wall. But in the03Years3Month14Puyang Municipal Public Security Bureau (No.2002The criminal evidence samples) in No.84The final conclusion is, criminal technical appraisal:"Outside the hospital walls and bricks were not human blood."That is to say, in the original wall found suspected human blood material, by the Xunxian County Public Security Bureau considered leaving the murderer fled the scene when the blood, now because the identification of the Puyang Municipal Public Security Bureau has been overthrown. This is enough to prove that the public security organ is based entirely on his own speculation to get Ma Tingxin's confession. Thankfully, this case has been handled by the Hebi Municipal Public Security Bureau, Xunxian County public security bureau did not do not know the situation. Hebi City Public Security Bureau also not aware of the contradiction between the evidence and the Xunxian County Public Security Bureau of the original survey record. In fact, this means that Ma Tingxin's statement was made according to the public security organs to speculate on the site.

Eleven. 03Years3Month11Puyang City Public Security Bureau autopsy report in"Had Chen rear head light quality blunt force"If this is how the formation of blunt force, the public security organs did not find. Because of that this conclusion may indicate that the case is not the first recognition of the public security organ.

Twelve.In this case there are ten serious doubts footprint identification

       In this case the footprint identification expert Wang Qingju, is a retired workers in Zhoukou city public security organs, his footprint identification technology is the lack of adequate scientific basis, in court, he said his technology is with Inner Mongolia horse of Yulin studies, then who is Ma Yulin? Ma Yulin is to liberate the child helped shepherd the previous one, often because of the sheep lost and beaten, and then note the sheep footprints, a long time can sometimes follow the footprints of the sheep sheep back. After the liberation of public security organs, began to observe human footprints. He is an illiterate, cannot read or write, then took the two disciples. He is the first person to do sth. China footprint identification of public security organs, in the public security internal pass the God, but he said this thing completely rely on the experience and feeling, love can only be sensed. In fact at present in the internal Chinese public security organs and an equally famous footprint expert, it is Jiangsu Province Bureau of Criminal Investigation Department of public security political commissar Wu Dayou, he is the Ministry of public security has footprint expert. Compared with several experts in this case, no matter in the administrative level or professional level or in the social public trust should be much higher. Not long ago, Wu Dayou he still has to do with the misjudged cases, in the national media widely reported by the Nanjing City Intermediate People's court and the Jiangsu Higher People's court acquitted Wang Lianya rape murder case, identification of leaving Wang Lianya at the scene of the footprint is created by the expert hand, but the results have not been court the adoption of. He has vowed to the Jiangsu province high court judge said: 100% accurate identification of my! Unfortunately, in the later beijing100038 and the Supreme People's Court judicial identification center review, beijing100038 conclusion is identified not to come out, and the Supreme People's court's conclusion is: under the existing conditions, can not be identified footprints on the scene and Wang Lian Ya samples with a footprint.

       In court the lawyer asked identification expert Wang Qingju there have been a mistake, identification of this case can 100% accurate, he do not answer. The Ministry of public security penalty contract valid science he is to produce98Years, professional and technical qualification certificate was wrote senior engineer but there is no legal authority or personnel department other letter. The lawyer asked him if he knew the electrostatic adsorption and advanced footprint identificationMICSThese two kinds of footprint extraction technology, his answer is only heard of electrostatic adsorption technology, and theMICSTechnology doesn't know. Identification is not a game, is a science, but science is not himself said, the basic law of science is the result must be able to be repeated verification. Footprint identification in this case there had been many results, the different people get different results in different time will thing called science? In addition, field survey notes recorded in the multiple gloved blood fingerprints at the crime scene, fingerprints and footprints are different parts in the objective world and the role of human traces left in nature, so we can not help asking, wear socks footprints can be identified, wearing gloves hand why not identified? In accordance with the footprint identification book in logic, wear socks and gloves handprint footprints have the same traits, and the hand is more flexible than the feet, that is to say, more personalized features. We know that the fingerprint identification is generally used in finger instead of toe lines. Wear socks footprints with no separate toes, and certainly not to put five fingers to separate a gloved hand clearer and more recognition value. So in this case, why don't we see the appraisal conclusion about fingerprints? What a gloved hand who is?There are two answers: one is wearing gloves left in the field of fingerprints and footprints like wearing socks, unable to accurately determine the wearer's identity, another conclusion is that the identification results of another person. A major doubt this is not the case? Moreover in the footprint identification expert also believes that the samples with inconsistent characteristic and sample, but the strange thing is that they are drawn from samples and the defendant footprint samples for the same conclusion, isn't this stultify oneself? In this case the footprint identification mainly has the following problems:

1Identification of human subjective factors too, identification method is also simple visual, completely rely on subjective judgment, no number, quantity, diagram, spectrum quantitative analysis.

2 field brought about the size of the footprint without explanation, the footprint of the scene without footprint size and Ma Tingxin's footprint size for comparison, even the most basic size does not compare, what about the identification. Imagine two foot size is not the same, even if there are some characteristics of the same can be identified as a person?

3 Identification of human thought"Barefoot and wearing socks on foot print is the essential feature of the same", but ignore the socks for different materials and tightness on foot with different binding, so wear different socks left footprints are different.

4 identification of human thought"Broadband toe - low formation and traces is special, is the main basis for identification". We know that the fingerprint identification to find12A fingerprint and20The same feature, the expert with a feature on the arbitrary identification of samples and the defendant's footprint in the same field.

5 on the footprint identification, there have been different experts have been carried out for many times, many people identification, why not see other identification conclusion. The Xunxian County Public Security Bureau in02Years8Month1-3In the center of the village primary school Dong Ma Zhuang16-52Some old men and the village were footprint than the identification, finally according to the footprint than the determined suspect not Ma Tingxin but Ma Yanmin,8Month2Public security organs will be captured, Ma Yanmin, held in a month later on8Month31Day release, and to test the Ma Tingxin away. And this is just a case of the deadline for the public security bureau.

6 did not specify extraction materials and delivery methods, nor to the samples approved. In the trial, the lawyer asked whether people have visited the site identification, identification of people say no to the scene; the lawyer asked whether people see the original samples identification, identification of people did not see the original samples. Haven't been to the scene again not seen the raw materials, with a recovery of plastic film made the conclusion is not accurate.

7The trial judge for the identification of books out30Many people ask what is the identification of specific sampling, identification of no clear answer. While the "technical appraisal rules" the Ministry of public security criminal are clear.

8 on the footprint identification problem of the time, is completely in order to piece together the evidence and hastily added. In this case2002Years5Month30If there is blood, with footprint obvious, we must ask why at the beginning is not identified, but to wait until after six months12Month13It was identified? Especially in the lie that the accused Ma Tingxin suspect cases why nearly four months before the footprint.

The 9 test violates "the Ministry of public security criminal identification rules" article10The requirements of article,No strict selection of experimental sampling and materials quality, form the same material. (using the animal blood, walking in the white paper)

Three step four step 10 in the yard of the formation, respectively125cm ,107cm,120cmSamples, and Ma Tingxin were in stride110cm,There is not a consistent and stride. In particular, the stride length is in the collection of the experiment carefully sampling Ma Tingxin countless times in.

Thirteen.The Public Security Bureau in the home of Ma Tingxin extract is believed to be the weapon of knives, but the knife tip does not break.

Fourteen.The public security organ finds evidence, with the blood line of gloves, with the blood of the direct evidence of shirts, trousers, socks, slippers, a not found. The knife, shirt, pants, socks, slippers and other evidence law and collected but proved the defendant is innocent.

Fifteen.The confession of the defendant: did not turn objects in the scene, and the open field cabinet, cabinet door, sofa, bed full of loose clothing, and blood handprint, has obvious turning traces of the scene; the scene is full of clothes, bedding and other cloth products, the defendant said he didn't find the knife wiping cloth, finally had to take the sewing machine cover wiping knife,Obviously does not meet the site situation.

Sixteen.The defendant had confessed to sewing machine cover into the south wall, and on-site investigations show that outside the compound.

Seventeen.The confession of the defendant: kill the horse ze'ang is under the bed, and the bed there was a pool of blood.

Eighteen.The confession of the defendant: kill the horse ze'ang horse ze'ang is bare, and the horse ze'ang body covered with a quilt.

Nineteen.The defendant had confessed: the outer room is opposite on the north wall with a square table, the table on each side stood a chair. This is the basic display general rural families, but the scene did not have tables and chairs.

Twenty.The defendant had confessed: sofa placed in the South wall. The sofa in the West wall.

Twenty-one.The defendant had confessed the back wall with a bed and the bed in the Northeast corner.

Twenty-two.The confession of the defendant: fall into the inner room, head off the sofa cushion, then hold up. Field investigation support fingerprints from inside the South and west walls are1.5 MThis place, and from the so-called rub off the sofa cushion for3.4m. A person's hands and head, never so big distance apart.

Twenty-three.The confession of the defendant: second times in the night to eat dinner drink, returned to dormitory alone had eight two liquor, and put on their slippers to the crime. In the5Month30Japan, as the hot summer, people will eat two meals and drank the beer case, also alone drink eight two liquor? Moreover, the confession of the defendant at noon also drink many, if want to drink, do not drink at dinner time, second times a meal also not to drink? These behavior perverse.

Twenty-four.Confession of the accused the lights before leaving the scene, then why not the footprints cleared.

Twenty-five.The confession of the accused to commit crime is convenient, don't leave a mark, how did he know that wearing gloves, but deliberately put on slippers, don't wear slippers over the wall home homicide more convenient? This is completely illogical.

Twenty-six.The defendant why gambling mood suddenly think of killing, and returned to the gambling scene after the killing, so no one found the abnormal behavior. No one discovers that he changed his clothes.

Twenty-seven.The defendant can clearly remember the whole process of gambling, including who sit in what place, who won or lost much, if he left that must be answered his cards, also back after someone must have put the card to him. But those few people remember Ma Tingxin said gambling at cards"Black eight"No one can say Ma Ting new hand over to the who from whom took the card to play. This only means that the defendant did not leave the gambling site.

Three, This case is a case police torture to extract confessions brewing

   The lawyer meets with Ma Tingxin, he said the public security personnel on the torture to extract confessions which means he could not have thought of before. Police investigators using torture to extract confessions, threat, inducement and other means, illegally obtained confession, extremely bad behavior. From the2002Years8Month31After day horse Tingxin was illegal detention, he tortured, in Xunxian County Public Security Bureau, is the beginning of his hands lifted, the limbs are not touching the ground, not to eat not to sleep, to the mouth of cold water not to drink, nine days time, stool only once, has been leading a dog's life, later that wearing instruments of sleep, one month down, Ma Tingxin's arms and legs are swelling. Police said at his trial, the case is your doing, Ma Tingxin repeatedly Hanyuan, Xunxian County Public Security Bureau police Song Sheng said:"I have the time of the crime, the public security bureau is not catch me, you don't have the time, is to catch you. Every year, thousands of people care about you wronged, also a Ma Tingxin!"In addition to the security personnel also specially for Ma Tingxin invented"On the wall"(the expansion screw is fixed on the wall, with Ma Tingxin's two hands on her neck, a wire fixed in a screw on the expansion),"Rope","On the site"(use chopsticks in the middle finger, and then with a rope tied),"Riding"(from the roof hanging wire let him cross in the above, the public security personnel hand pull wire, not more than three times will faint in the past), with a fire burning a beard and a confession by torture, trapped on a cylinder with a rolled up newspaper to throat blow pepper, dizzy with clip pressure point. In the trial, Ma Tingxin submitted to the court of the public security organs he retained the torture to extract confessions on the injured sticky with blood and security personnel leave traces of the drug after the clothes, the hand sweater cuff Le broken sweater. Even more serious is the,2003Years to the day after the Spring Festival, Hebi City Public Security Bureau police Zhang Yujun (now promoted to deputy director of Xunxian County Public Security Bureau) the horse Tingxin's yard to let Ma Tingxin took off his shoes, barefoot in the snow, and the foot of snow warming for a place to warm. Ma Tingxin was wearing a sweater, while Zhang Yujun was dressed in a cotton coat on Martin said:"Ma Tingxin today you are a piece of iron I will bring you the melting, you have a look at the level is high or county bureau of the high level, I fix you still can't see injury, unlike the county bureau put you bleed."Today's court, we also saw these torture to extract confessions trauma still exist, especially caught hand wounds, body, neck and strangled scars and legs were le, battered very obvious. In addition, the investigators also adopted a more extreme means to force Ma Tingxin to confess, they will be in bed infusion horse Tingxin wife Jian Su Ling forcibly taken to jail, to guard the entrance brand as the background to take pictures, and the horse's new year only sixteen year-old son horse. To the Public Security Bureau basement, handcuffed to take pictures, and to separate its mother, a trial and a threat to the minor child. Once this is done, the investigators will Jian Suling in the photos and Ma Shuang handcuffed Ma Tingxin pictures that look, and said to him, if you don't talk, your family will be implicated, follow you suffer, you quickly confess. Then, the investigators took Ma Tingxin's wife and son are brought to the Xunxian County Public Security Bureau, let Ma Tingxin to see they were caught by the scene in the upstairs. Deliberately let Ma Tingxin see the illegal detention in Qixian County detention center's father, Ma Jinlan, thus making the psychological pressure to Ma Tingxin. Ma Tingxin was sent to the Hebi detention center with cure potion. Martin said, the first say injury is not willing to accept, the formalities for a very long time to run.The investigators also ordered the detention of the original Jianhao13People all V, re arrange four people and live together. A live account, will know who is the boss, who is the second, must listen to the boss. These fiveZhejiang nationality prisoners Yuan Lianfang is the boss,He forced Ma Tingxin to plead guilty, and has been teaching him how to confess, including how to kill people, how to deal with the details of the murder weapon, even the drawing that Ma Tingxin remembered, then write"Surrender", let Ma Tingxin copy, copy write and to surrender to review, he was afraid Ma Tingxin didn't pay up, and will copy the good confession away, finally he personally handed over to the police about the incident, the material that has.The lawyer meets with Ma Tingxin, I had to surrender the language used to call him to write a few words, I found that he don't know"The","More"Usage, and in the book he can handle very skillfully. I collected from the Ma Tingxin home in a diary, I find the spelling Lianpian, and surrender but the text specification. Suffice it to say, Ma Tingxin's confession is a college degree Yuan Lianfang as its written. Yuan Lianfang Martin said: police said, as long as you move, no longer looking for your family. In the dual pressure subjected to physical torture and mental threat, in turns to attack the torture and the pigeon, Ma Tingxincai had made a false confession confession. He had reluctantly said, if not in accordance with their made up of confession, may not live to today. He said, the public security organ of the inhuman torture to extract confessions, make many times he wanted to die, because between death and torture to extract confessions he would rather choose death. But he felt that if he died, his grievance will never wash, the murderer will never bring to justice.

       The Supreme People's court "on the implementation of 'problems of criminal procedure law of the people's Republic of China' explanation" article61A stressed"Is strictly prohibited to collect evidence by illegal methods"Regulations"If the verification is actually using torture to extract confessions or threat, enticement, deceit and other illegal acquisition of testimony of witness, the statement of the victim, the confession of the accused, not as a basis for a final decision."From the judicial interpretation of the provisions, we can see, is obtained by torture to extract confessions, threat, enticement, deceit and other illegal means illegal evidence evidence."Illegal evidence"Can not be used as a basis for.

       According to published reports, the Hebi municipal public security system had several serious acts of torture to extract confessions: once caused a strong reaction in the country"Virgin prostitution case"Under torture is torture in Xunxian County Public Security Bureau police; another is due to disability torture to extract confessions cases occurred in the Ma Tingxin case, for the Xunxian County Public Security Bureau Criminal Police brigade;04Hebi City Public Security Bureau and the torture to extract confessions of death cases, several police officers were sentenced.

Four, the case that Ma Tingxin no time to commit the crime witness testimony and notes by the public security organs of occult

       At the beginning of the investigation in the case, a few people have the testimony of Ma Tingxin, that they are2002Years5Month30Day night in the farm cards do not have time, then these witnesses by the public security organs individually summoned, detained, and some have even been held40Many days. The investigators also threats, enticement, pressure is applied to several witnesses, until they want to make the public security organs need testimony. The same witness was repeated questioning, but did not provide the public security organs at the time of the survey record. An important witness fast, Zhao Jinsong, Ma Liangen, we the people of Zhao Haixing, Zhao Weiwei, Ma Lianqing is the defendant and witness together playing cards,2003Years1Month12More than six days are written proof of the defendant cards did not leave the scene, no time to commit the crime.2003Years1Month12Days later, the public security organ in many public security bureau, criminal investigation detachment, detention, and interrogation of witnesses for questioning, the testimony into"Can't remember whether Ma Tingxin leaves".

Five, the defendant's litigation rights have been deprived of

       In the case of the stage of investigation, the public security organ violates the "Criminal Procedure Law of the people's Republic of China" and "the public security organs for procedures" criminal cases, don't tell Ma Tingxin has the right to an attorney, and refused to hire lawyers met with the family, and even in the whole investigation stage Ma Tingxin wasn't able to get legal assistance lawyers, more serious is in this case in the stage of review and prosecution, the lawyer meets with Ma Tingxin, the public security organ of the investigators also rushed to meet places illegal surveillance of lawyers, severely curtailed Ma Tingxin's litigation rights. However, the prosecution was not to correct illegal practices of the public security organ. Unfortunately, my client to prosecutors accused police torture to extract confessions after the fact, the procuratorial organs did not investigate, and even, in the record is not the case shall be recorded. At this point, my party Ma Tingxin thoroughly disappointed on public security, two organs, only hopes the court trial.

Six, the public security organ illegal site investigations

(a)Field investigation activities without witness, in violation of the "people's Republic of China Criminal Procedure Law" article106And "the Ministry of public security criminal case crime scene investigation rules" article3Specify a survey record, the witness did not witness. The following evidence.

1The three chapter volume32On the evidence, the Xunxian County Public Security Bureau in03Years3Month13Proof of no.:02Years6Month1Day"In order to do security work, closed the site, in addition to the scout and exploration technology outside, the rest of the irrelevant personnel not to enter the site."

2     The roll of a ninth evidence"Supplementary investigation record"Wrote:03Years3Month1Japanese technician Lu Yongcheng, Sun Zaifang, hole to examine at the original video... .The bloody gloves traces of picture capturing made photos."The exploration without any witnesses to the scene witnessed, security personnel did not to the scene.

Seven, a serious shortage of evidence in this case, not the defendant is found guilty

       "The provisions of the criminal procedure law of the people's Republic of China" in article 162nd, are the facts are clear of all cases, the evidence is reliable and sufficient, and the defendant is guilty to. For lack of evidence, not the defendant is guilty, should make the lack of evidence, the crime accused cannot be established the not guilty verdict.    The so-called criminal facts are clear, is that where the conviction and sentencing of the facts and circumstances, must find out. The evidence is reliable and sufficient, for as the verdict according to the evidence of the quality and quantity of total demand. The criminal facts clear, evidence really, the full proof requirements, in particular to meet the following criteria: (1According to the verdict) each evidence must be verified (2The existence of objective) links between each evidence must be and the facts of the crime (a certificate3) belongs to each element in crime constitution facts have relevant evidence to prove (4) between evidence, there is no contradiction between the evidence and the facts, or there are contradictions have been reasonably excluded (5All the evidence in general) is sufficient to prove the facts of the case that certain conclusion, and exclude other possibilities. In this case, the procuratorial organs to provide evidence, after trial, evidence, I think, is not the case in many doubtful points can be reasonably excluded, the existing evidence is difficult to form the organic relation, can not achieve the exclusive and determined that the defendant is guilty, is evidence of the matter has not yet reached the requirements of objectivity, relevance sex, the legitimacy of the evidence, the amount is not enough to make sure that determined to exclude the reasonable doubt. The criminal cases must be beyond reasonable doubt, the defendant may be sentenced to death penalty cases must eliminate all doubts. So I suggest the court to reject the appeal, upheld the.

       According to the provisions of China's "criminal procedural law" in article forty-third, judges, procurators and investigators must, in accordance with legal procedures, to prove the criminal suspect, defendant's guilt or innocence, crime seriousness of evidence. Prohibit torture to extract confessions and to collect evidence by threat, enticement, deceit and other illegal methods. The organs of investigation and prosecution only because the defendants in the investigation stage has made a confession, testimony to prove that the defendant has a motive, time and the crime with a sharp knife, and completely ignored the excuse the defendant's innocence, ignore the evidence proving innocence of the defendant's collection, the evidence cannot be true fully reflect the case, resulting in the case of the police will Ma Tingxin as suspects to be detained, although direct evidence has been unable to obtain the murder of Ma Tingxin is still the case review city procuratorate prosecution, eventually appear evidence defect case was transferred to the people's court for trial. "Criminal Procedure Law" of the people's Republic of China No.46The provisions of all cases, sentenced to a weight of evidence, investigation and study, not credulous. Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is sufficient and reliable, can be found the defendant guilty and sentenced to a criminal punishment, the court of first instance in this spirit, the authenticity of guilty confession carefully examine Ma Tingxin's later, that many questions in this case are unable to exclude in the maintenance of the dignity of the law, in accordance with the law. Step back and say, even if the defendant is not a confession, because did not meet the facts are clear, the evidence is reliable and sufficient, nor the defendant is found guilty and shall be prosecuted for criminal responsibility. This is China's criminal law article 162nd expressly provided content."Presumable innocence"The"Doubt"Generally refers to in the criminal lawsuit, judicial organs for criminal cases accepted existence question and did not get a reasonable excluded after review in the conviction on the issue of whether or not. Generally speaking, is the criminal facts cannot be completely confirmed but not completely beyond reasonable doubt, there is a recognition of uncertainty. This"A state of uncertainty", is mainly because that the judicial organ to master and that evidence is insufficient and conclusive force situation."Presumable innocence"The value choice principle is not to find the facts of the crime, but in criminal investigation protect defendants from endless. The solution to this problem involves the deposit"Doubt"The standard of proof and behind the case"Presumable innocence"And"From a suspected crime"Two kinds of value orientation of criminal judicial selection. The revised "Criminal Procedure Law" in 1996, China established"Presumable innocence"Principle."Presumable innocence"The principle of even some evidence, but the evidence is insufficient to prosecute; at the time of trial, it should make accusations of lack of crime cannot be established, the judgment of acquittal. Carry out"Presumable innocence"The principle, on the one hand can prevent the national penalty power"Evil"To ensure that the national power of punishment, the use of the legal norms, to strengthen the judicial personnel's awareness of human rights; on the other hand, can promote and improve the investigation organ and judicial personnel to prove the criminal capacity and raise the level of technology."Presumable innocence"Fully reflects the protection of human rights and the weight of evidence not credulous confession principle, reduce and avoid the occurrence of torture to extract confessions and miscarriages of justice. At the same time, also in line with international standards, fully embodies our country the importance of human rights and protection. Ensures that the innocent will not be wronged, but also solve the extended detention"The long"The judicial defects. When there is no conclusive evidence of the facts of the crime, considered from the perspective of judicial justice, rather misplaced don't misjudge. Wrong put just a guilty person wrongly to the society, and the error in the error to punish an innocent at the same time, also let the real criminals. Maybe we judicial statistics crime rate is not high, but was wrongfully convicted of any individual and his family, is one hundred percent."Presumable innocence"Compared with the most interest, most people, is a secondary, second bits for a handful of people less likely to indulge. As we know, even if because of evidence had to let a criminal, it is polluting the water. And when we are on a"Justice"Impulse, forget"Presumable innocence"The principle of criminal procedure, resulting in a miscarriage of justice, the consequences would be one thousand times worse than the indulgence of a case of criminals, because when we are in polluted water!We are willing to be this indulgence as a cost, a cost, a necessary loss. After all, we are now in the historical process of the socialist country ruled by law. Because of the lack of evidence, on suspicion of intentional homicide of Ma Tingxin was the first instance court acquitted, this is the rule of law progress. The president of the Supreme People's court Xiao Yang pointed out, the people's court to give full play to judicial safeguard function, safeguard the legitimate rights of the defendant, to ensure that the innocent citizens are not subject to legal prosecution. At present, most cases are not because of improper application of the law, but because the fact is wrong, and these are evidence. Evidence is the key of justice. In a sense, despise the evidence is one of the legal system is not perfect performance of a country."Presumable innocence"The principle, may make Ma Tingxin was acquitted, but this is the requirement of the rule of law society, the judicial civilization, progress.

Eight, although the murderer did not appear, but justice must realize

       Case of Du Peiwu Du Peiwu shocked the nation, but also in prison26A month, but in this case Ma Tingxin is in prison for28Month. Du Peiwu's grievance cleared, Hubei Zhongxiang four teachers' grievance also had been cleared, Anhui mechanical and electrical College Liu Minghe commuted innocence, Sun Wangang of the Yunnan Institute of Finance and Commerce also out of jail, Gao Tiegang of Henan has returned to his home. Chen Lianrong a tragedy really let us feel sad, maybe catch the real killer is to appease the three poor soul the best way. But, I want to in the lower, they also do not want to see another innocent victims to accompany them. We can not forget in the first instance court, Ma Tingxin asked for a new footprint identification, but because the family has been unable to bear the cost of identification and forced to withdrawal, Ma Tingxin resolutely refused to sign the withdrawal application time reveals that helpless, desperate look. For more than two years, Ma Tingxin spent twenty-eight months in the cold bars, physical and mental are subjected to unimaginable pain. When the dead of night the prison gate sounded, he would shiver all over though not cold, he did not know where he will go on a night the guillotine, be wronged dead. However, in such a state of mind, this strong, ordinary peasant man or in the Yin and Yang boil until today, he always believed that the law is fair, so again and again in the extended detention he didn't even complain, he is so kind, he was kind to me: I go, I will try to find the real murderer. Whenever I think of here, as the professional criminal defense lawyer I'll tears trickling down one's cheeks. In fact, he did not know, to seize the murderer and not his responsibility; and he did not know, if only just laws without justice law enforcement, then he will probably face be executed the tragic, and this miserable or in the name of the law given. If that day, we see in this cold winter may not be Dou E yuan snow in June, but we are unable to avoid Ma Tingxin, my strong and good if he67Old father old son,40Year old middle-aged widowed wife,4Year old daughter childhood mourning father sad ending, three great misfortune in life will come in overnight in the ordinary peasant family, they will not bear such a heavy tragedy. Ma Tingxin knew that in open court, he will have a tell the truth without being tortured opportunity. Today we finally had to wait until this day, although this day is also experienced in a months long overdue custody after arrival, even though we all know, the belated justice is not justice, but the day did come after all. I think my client, sitting in the seat of Ma Tingxin, will be kind to the extended detention this time for the understanding of the importance of the courts and judges. But as a lawyer occupation, as in the case of the defenders, according to the provisions of the law, my position is independent, in addition to the above I puts forward for Ma Tingxin vindication of opinion, I must say, today on Ma Tingxin's detention is illegal. Ma Tingxin during the first trial of family Kan grain Ling in Ma Tingxin was extended detention months situation many times to the Hebi City Intermediate People's court bail request, I also had two00In December 6th four officially in the name of Ma Tingxin defense lawyers to the Henan Provincial Higher People's court for cancellation of the compulsory measures against the horse Tingxin. However, until today, we have not received any reply in the law within seven days. If the hearing in the high court, my client with legal rights can not be guaranteed, then how can we believe that just laws and how to realize its law in when to justice. Therefore, when I delivered last defense, I just want to say, my client is innocent, this is one hundred percent cases, case and case. Wrong must be corrected, case must be righted, mystery can never.

       The presiding judge, judge, two years ago, my client has been subjected to illegal treatment. Finally, I once again by the Ma Tingxin defence lawyer solemnly to the court, requesting compulsory measures according to the lifting of the Ma Tingxin I.          

         Beijing city law firms

Zhu Mingyong lawyer

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