Liu Qi Italy refused to accept the decision

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Liu Qi Italy refused to accept the decision

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Started 10 years ago by slvdkyuc6h0

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slvdkyuc6h0
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 Southern Rural News reported October 21, 2009, the new village group of villagers in Guangdong Huidong County Nim Town Dock Italian village Liu Qi on suspicion of mob to disturb social order Huidong County Public Security Bureau Detention subsequently arrested. February 3, 2010, Huidong County Procuratorate on suspicion of the crime of mob to disturb social order and appealed to Huidong County Courthouse. In the same year on June 9, Huidong County Procuratorate decision not to prosecute is intended to Liu Qi, and Liu Qi intended release. According to the allegations, June 29, 2009,scarpe hogan, Liu Qi Italy and more than thirty new village group of villagers to Nim town comprehensive management letters stability maintenance center, demanding the ouster of the new village team leader and team leaders to re-election. After Liu Qi Italy and more than thirty people to sit in the front of Nim Town Government and pull banners, shouting slogans. July 8, 2009, Liu Qi Italy, and thirty new village group villagers Liu Quan Jin conflict because looking grave place with the on site workers cause something to fight injured in hospital grounds, to Asian woman angle to the police station to make trouble and police instructor Deng Tan Rong and so the police were abusive, occasionally tapping the table intimidate the police, the police threatened to seek their revenge. Huidong prosecution also alleged that, July 10, 2009, the new village group held its second meeting in the removal of the village team leader at the big playground ...... Minoru town village cadres and government officials to leave, Liu Qi, who is intended That inciting villagers to leave the containment of staff, and beat the table threatening, abusive village cadres and government officials. Liu Qi not listen to advice but is intended to incite the masses containment loud after party secretary police. When the police arrived at the scene, Liu Qi section is intended to incite young people to abuse the police, the police containment with water bottles,http://hgsdream.com/phpwind/read.php?tid=30647&ds=1, stones and other debris slams police car, police beat the glass. However, Liu Qi meaning denied smashing police statement, the prosecution did not revisit later also damaged a police car incident. The prosecution claims the withdrawal was Italy said Liu Qi, Huidong County Court accepted the prosecution until May 2010, a total of four hearings, returned for supplementary investigation once, Huidong County Prosecutor's Office twice additional evidence were not judgment. Thereafter, Huidong County Procuratorate "Evidence has changed" as an excuse to withdraw the prosecution, the court agreed to withdrawal. June 9, 2010, Huidong County Procuratorate "Given Liu Qi, who is intended to be taken due to a misunderstanding aggressive behavior, and its behavior did not result in adverse consequences and serious harm to the government work, production, etc., while the incident regret the attitude of a good crime , minor, can be exempted from punishment, according to the Criminal Procedure Code (hereinafter referred to as CPL) The first paragraph of Article 142 (for a minor offense, in accordance with the criminal law provisions do not require punishment or exemption from punishment, the people's procuratorate may decision not to prosecute.) provides that the decision not to prosecute Liu Qi Italy, and released on the same day. At this point,http://tennisshop.jp/cgi-def/admin/C-002/bulletinboard/visit/main.pl, Liu Qi intended Huidong County Detention Center spent more than 200 day and night. Liu Qi Italy refused to accept the decision, then on September 20, 2010 to appeal to the Huizhou City Procuratorate that criminal defendants should be based on law Article 142, paragraph (suspects have provisions of Article 15 of the case One, the People's Procuratorate shall make a decision not to prosecute.) and 15 (one of the following circumstances,air max 90 pas cher, not be held criminally responsible, have been investigated, the case shall be dismissed, or not to prosecute, or termination of the trial, or declared no sin: 1,http://fsboteaneck.com, the circumstances are obviously minor and the harm is not, is not considered a crime; (2) the limitation period for criminal prosecution has expired ......) statutory provisions (absolute) decision not to prosecute or acquittal decision, not based on " Procedural Law,http://forum.fineartprinter.de/activity/activity, "the first paragraph of Article 142 made at the discretion of the (relative) decision not to prosecute. July 10, 2011, after the review that the Huizhou City Procuratorate, Liu Qi Italy, conduct did not constitute the crime of assembling a crowd to disturb social order. Huizhou City, Huidong County Prosecutor's Procuratorate at the same time identify suitable second paragraph of Article 142 of the Criminal Procedure Law provisions decision not to prosecute the book is not correct, should be corrected as follows: According to the Criminal Procedure Law Article 142, paragraph and Article 15 of the meaning of the decision not to prosecute Liu Qi. Accordingly, on July 28, Liu Qi intention Huidong County Prosecutor's Office filed a "criminal compensation application." I have taken measures to arrest and detention of 232 days, violations of their right to personal liberty grounds, Huidong County Prosecutor's request to pay compensation 33,020 yuan, the spirit of solatium payment of $ 100,000. However, Liu Qi Italian request was rejected Huidong Procuratorate. September 20, Huidong County Prosecutor's Office to make "criminal compensation decision," concluded Liu Qi meaning there is indeed implemented behavior and the behavior of its implementation is the existence of certain offenses harmful to society, the state does not assume liability for their custody and decided: "The measures taken to arrest and detention of Liu Qi meaning no compensation." However,http://bbs.zhiyoo.com/home.php?mod=spacecp&ac=blog&blogid=, Liu Qi meaning has not been discouraged,http://www.odytl.com/news/html/?88000.html, October 11, 2011, Liu Xianghui City Procuratorate application for reconsideration, there has been no reply. Prosecutors withdrawal, whether compensable Penal Code provides:. "Gathering crowds to disturb social order, the circumstances are serious,http://www.armonicos.co.jp, resulting in work,doudoune moncler pas cher, production, business, teaching, scientific research can not be, causing serious losses, the ringleaders, not more than seven years in prison" constitutes a mob to disturb social Order sin must be "serious cases", leading to job "impossible", both of which must be met. Combined with the case, the prosecution's "no cause of action instructions", said:. "Liu Qi Italian, who is due to misunderstanding and adopt aggressive behavior, and its behavior did not result in adverse consequences and serious harm to the government, manufacturing and other" Huizhou City Procuratorate " criminal complaint review decision "is further pointed out:" There are individual villagers emotional, radical rhetoric, the scene on video, the whole process did not result in serious consequences or damage, "all of which indicate a fact: Liu Qi meaning neither lead to work, production,tn reuqin pas cher, business and teaching, scientific research can not be, nor causing serious damage, that does not work as a mob to disturb social order offenses. Since Liu Qi Italy's conduct did not constitute a crime, then he Huidong County Prosecutor's Office for its decision not to prosecute the question whether it is reasonable. Not to prosecute refers to the People's Procuratorate has concluded its investigation of the public security organs prosecuted cases and concluded its investigation of the case on their own after a review, that the suspect's behavior does not meet the conditions for prosecution or prosecution is not necessary, according to the law is not the suspect submitted People's Court trial, the decision to pursue a criminal. Including the "do not meet the conditions for prosecution" and "there is no need to prosecute" both cases, although the outcome of both the same, but the meaning is different. The former because "the circumstances are obviously minor and the harm is not, is not considered a crime", that is absolutely not to prosecute; the latter is said to constitute a crime, but it is not necessary to pursue the matter, namely the relative decision not to prosecute. The present case, since Huidong County Prosecutor's Office admitted in his "reason not to prosecute Guide" Liu Qi meaning no serious consequences or loss, it is not intended to imply recognition of Liu Qi mob to disturb social order belong to the "serious cases", but the plot obviously minor, there is little risk that it shall make an absolute decision not to prosecute or acquitted. Huizhou City Procuratorate in the "criminal complaint review the decision," Liu Qi finds meaning conduct did not constitute the crime of assembling a crowd to disturb social order, Huidong County Prosecutor's Office confirmed that apply "Code of Criminal Procedure," the first paragraph of Article 142 made provision relative decision not to prosecute the book is not correct, just illustrates this point. That being the case, Huidong County Procuratorate Liu Qi meaning should be given to state compensation. "State Compensation Law" Article XVII: "The Right of the investigation, prosecution, adjudication authority bodies and detention centers, prison authorities and their staff have assault and battery of one of the following circumstances when exercising its powers, the victims have obtained compensation right :( a) in violation of the provisions of the Criminal Procedure Code to take measures of detention of citizens, detention or take measures in accordance with the conditions and procedures prescribed for the citizens of the Criminal Procedure Code, but in detention for longer than the time limit prescribed Code of Criminal Procedure, subsequently decided to withdraw the case , or the decision not to prosecute the termination acquitted of criminal responsibility; (ii) after the measures taken to arrest citizens, decided to withdraw the case, the decision not to prosecute or termination acquitted of criminal responsibility ...... "From the above analysis, the case situation totally agree with them. In the case of Huizhou City Procuratorate "criminal complaint review the decision" has been clear conclusion, and Huidong County Prosecutor's Office on September 20, 2011 made "criminal compensation decision," insisted Liu Qi meaning of behavior is a crime, then decide "Liu Qi intended to be taken on the arrest and detention measures will not be compensated,air max 90 pas cher,http://wikiblank.ru/index.php/User:Trkliij3g3#simply_because_not_enough_time_to_move_belongings," obviously defective. However, the situation of Liu Qi meaning whether it should get state compensation, the legal profession is still controversial. □ Huang Jin Li Xiulin Yandong Yue Share: welcome to comment I want to comment > Related reports: Village acquitted detained for three years to the local procuratorate rejected claims Henan High Court said that the ad litem again acquitted 73 long-term detainees Guy was acquitted after 49 days in custody suspected of disaster from loss of identity Microblogging Recommended | today's hot microblogging (edit: SN034) 

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