the Guangdong High Court appeal. « DavidCadogan.ca Forums

DavidCadogan.ca Forums » DavidCadogan.ca

the Guangdong High Court appeal.

(1 post)

Started 10 years ago by h0bS7ArS8s

Tags:

h0bS7ArS8s
Member

 The death of a young woman,tn reuqin pas cher, let ex-boyfriend suffered six years on charges of murder. Several times a confession of guilt can be finalized as clear evidence of it? Warrantless search, seven forged signatures, missing video, but all the questions placed in front of a judge. Yesterday, the Guangdong High Court by excluding illegal evidence of a deliberate murder made the final verdict: Chen Zhuo Hao appellant guilty. She died in bizarre rental January 15, 2009, in a rental Tianhe District, Guangzhou City, about Tangxi Village, found the body of a young woman, the victim was in his early 20s Moumou, found the body of her ex-boyfriend Hao and Chen Zhuo Yang Fan classmates. According to reports, 29-year-old Chen Zhuo Moumou and Hao are from Zhanjiang Leizhou, in 2005 after a party, the two became lovers and living together. By Young Chen Hao burning all day doing nothing, in November 2008 Moumou unilaterally to break, although Chen Zhuo Hao disagree, Moumou insisted moved next door to the rental of buildings to live alone. Subsequently, Moumou has a new boyfriend, but still maintain contacts with Chen Hao burning. In early 2009, the same two classmates and fellow Fan Yang arrived in Guangzhou, Chen Zhuo Hao temporary home. January 13, 2009 in the evening, in a Zhang Hao and Chen Zhuo Yang Fan's residence after dinner, stay until 22 pm have proposed to leave, Chen Zhuo Hao Moumou then has returned to his residence. January 15, Zhang father far away in Leizhou not contact her daughter, they request help in finding Hao Chen Zhuo, Yang Fan, accompanied by Chen Zhuo Hao Moumou into the residence and found his body,http://store.shopping.yahoo.co.jp/lens-deli/1-acde.html, Yang Fan alarm immediately. The forensic identification, although complete dress Moumou death, between his hands still holding teddy torus shape was asleep, but it is identified to be due to cover their snouts result of mechanical asphyxia death, and that there is stability in vivo test ingredients. Two ex-boyfriend still not satisfied reprieve February 24,louboutin femme, 2009, public security organs in the door on the scene to extract Chen Zhuo Hao fingerprints,piumini woolrich, and searched out Moumou phone, and other personal items in the Bag Chen Hao burning house, so it is summoned to justice. December 14 the same year, the Guangzhou Municipal Procuratorate brought to the Guangzhou Intermediate People's Court indictment says: January 13, 2009 23 am, Chen Zhuo Hao dispute its place within Moumou rental, process, hand over Hao Chen Zhuo Moumou the nose and mouth and wrestled on the bed, causing Moumou fled the scene after the death. We visited that public security organs, Hao Chen Zhuo extreme character, had a new boyfriend Moumou showed obvious hostility. Yang Fan claimed that the incident that night 23:30 Xu, Chen Zhuo Moumou texted Hao stay in the residence phone solicitation late night, Yang Fan thought it was sent to their own, they do not reply to say that, while Hao Chen Zhuo to 1 at 0:00 on the 14th month after the return to the residence. Before the incident, because of their poor quality of sleep, Chen Zhuo Hao also encouraged to buy their own sleeping pills. It is understood that Chen Hao burning after justice, on several occasions for confession of guilt. Guangzhou Intermediate People's Court on January 10, 2012 of intentional homicide and sentenced Chen Zhuo Hao reprieve. Chen Zhuo Hao appeal. Guangdong High Court after September 14, 2013 to remand determination, the Guangzhou Intermediate People's Court retrial verdict on August 12, 2014, are still sentenced to death with reprieve. After that, Chen Zhuo Hao is still not satisfied, saying the presence of the investigating authorities evidence of illegal behavior in the investigation stage was torture before making confession of guilt, and insisted that he did not kill, the Guangdong High Court appeal. Discovery doubt 1 Confession signs of irregularities Guangdong High Court in the second trial process, the facts and evidence to the case were reviewed. As a direct proof for the case of four Hao Chen Zhuo confession of guilt, the trial court found that the first confession of guilt due to acts of unlawful interrogation, the second confession inadmissible, while the remaining admissible in the retrial of three confessions. But three confessions, one of which no direct proof effect, there is evidence of the role of the two interrogation transcripts of words was highly similar, and the confession of guilt transcripts showed a large section of the examination in violation of the relevant provisions of the program, there are obvious things means ask for signs. In this regard, investigators responsible for recording in the second instance trial testimony failed to make a reasonable explanation. 2 no complete trial record Trial also found that the original verdict admissible confession of guilt and twice failed to provide relevant interrogation video, the only time trial record did not make a corresponding transcript of the interrogation in accordance with the provisions of, and failure to maintain the integrity of the video, investigators mention charge Chen Hao before burning warehouse to begin its trial record, there are four minutes of time it is empty, neither the transcript of the interrogation records,piumini moncler, no video recording. And Chen Zhuo Hao retrial before the court made the video,http://www.xzshy.org/home.php?mod=space&uid=298052, investigators were on their threats, intimidation. 3 medical examination records falsified signatures In the "new custody officer one week to check the physical condition of track record",http://aclej.mshparisnord.org/spip.php?article39, upon the handwriting, about seven, "Zhuo Chen Hao," the signature is not signed by Chen Zhuo Hao himself. According to the above circumstances forged documentary evidence, coupled with the time trial record did not reflect the full course of the trial, combined with Chen Hao burning my complaint, investigators do not rule out Chen intimidation, threats possible. 4 key evidence from warrantless searches Another key objective evidence and conviction of first instance burning Chen Hao Moumou residence to search personal belongings, however, the date the warrant was approved and signed by the person searched Chen Zhuo Hao date actually a difference of nearly eight months, investigators but can not this reasonable explanation. Full Court finds that such search belongs to a warrantless search, the investigators after the event does not rule out the possibility of a search warrant in order to conceal the real forensics process. This behavior leads to the Full Court can not ascertain the behavior of searches to obtain physical evidence of the true origin, seriously affecting the Full Court finds that the facts of the case. Final judgment The evidence does not fully commuted innocence In addition, there is the case around the testimony of key witnesses is inconsistent, the key witness to testify after no trace could be found, the dead time of death can not be determined,http://store.shopping.yahoo.co.jp/gion/gsr144v-lin2.html, the dead body stable ingredient is very low,woolrich outlet, and to prove facts of the case is not strong association and other issues. Guangdong Provincial Procuratorate of the case in court opinion that the evidence is admissible verdict is relatively weak, the evidence has not been found does not exclude reached, sufficient standard of proof Hao Chen Zhuo constitute a crime, can not exclude the third person outside Hao Chen Zhuo to enter the scene of crime possibilities. Case discussion Guangdong High Court Judicial Committee,http://store.shopping.yahoo.co.jp/frogberry/wob068.html, after the exclusion of illegal evidence, evidence the trial court admissible been unable to form a complete proof system, can not use the evidence is not excluded to prove Chen Zhuo Hao embodiment killings, we can not come to Chen Zhuo, Hao to kill Zhang a unique, exclusive conclusions. Chen Zhuo Hao guilty of intentional homicide facts are unclear and insufficient evidence, the second instance of Final Appeal commuted Chen Zhuo Hao innocent. Judge dialogue Illegal evidence "zero tolerance" Reporters in Guangdong High Court entitled "Litigation reform throughout the exclusion of illegal evidence," the research report to see, from January 2013 to December 2014 the province's total number concluded 217,400 criminal cases, which exclude the application cases of illegal evidence has 367 final exclusion of illegal evidence cases have 46, because excluding illegal evidence without facts involved in the case have 24. Research found that in the past the judge to exclude illegal evidence generally conservative attitude. It is understood that the Guangdong High Court this year has been the second time directly reprieve commuted innocent. Beijing Pacific Century (Guangzhou), Director of the Criminal Law Firm Ding Yuan told reporters that the High Court commuted worthy of recognition, he said, from the terms of the program, if the investigating authorities in the future discovery of new facts and evidence, the case can still be prosecuted. The text of the intensity of the illegal evidence exclusion greatly in recent years rare. Guangdong Higher People's Court Judicial Committee, President Lin Xiuxiong first criminal trial judge,http://llo3ll.s35.xrea.com/yza-dou/88club/apeboard_plus.cgi/apeboard_plus.cgi?command=read_message&msgnum=710/, in an interview with reporters, said, "injustice wrong case emerged in recent years,http://store.shopping.yahoo.co.jp/topism/s-pants-34.html, there is no judicial evidence of the good which is off the main reason for the effective prevention of criminal injustice error occurred case,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=1816, we will serious violation of legal procedures in the judicial practice investigation by taking behavior 'zero tolerance' approach, with a review of the evidence found to be illegal, resolutely ruled out. " He said that the Criminal Procedure Code and the "two rules of evidence" clearly defines the adoption of standards for various types of evidence, the evidence must be reviewed adopted two levels, the first level is the ability to examine the evidence, whether that is lawful in itself evidence ; second level is to examine the probative force of that evidence to determine the size of the value. We can not turn, first determine the size of the strength of the evidence, and then judge its evidence capabilities. Insufficient evidence, shall release! 

Posted 10 years ago #

RSS feed for this topic

Reply

You must log in to post.