August 22, 2014, the higher people's Court of Fujian sentenced Nian Bin is innocent. The verdict, attracted national attention.
2006 July, the two children died of poisoning, Nian Bin was the police as the prime suspect. After 8 years, Nian Bin was the 4 sentenced to death, which, in 2010, the Supreme People's court to "facts unclear, insufficient evidence" as an excuse, not approved to death Nian Cheap Carera Sunglasses Bin, remand.
August 22nd, the high court of Fujian news spokesman said, this case except the appellant Nian Bin confession, or identify the victim poisoning due to lack of evidence, Cheap D&G Sunglasses poisoning methods based on uncertainty, source of toxicant basis is not sufficient, and the appellant's confession could not confirm each other, relevant evidence of contradictions and doubts can not reasonably explain, exclusion, the whole case the evidence is not up to the standard of proof is, well, not that the only conclusion, the appellant Nian Bin.
this is not the first time that caused the attention of the whole nation ". From the case of She Xianglin in Hubei, Henan Zhao 作海 case to Zhejiang Zhang will case, case constantly in the public eye, caused people to question why grievance. China Youth Daily reporter interviewed the 84 year old criminal procedure law of the Academic Dean, China University of Political Science and Law Professor Mr. Chen Guangzhong, analysis of soil and correct way case growth.
professor Chen Guangzhong in 1993 by the NPC Standing Committee Law Committee commissioned, led the China University of Political Science and Law experts and scholars of the criminal procedure law, investigation and Cheap Burberry Sunglasses study at home and abroad, put forward the "proposal" the amended Criminal Procedure Law of the people's Republic of China, and full participation in China's "criminal law" the second amendment.
Chen Lao hale and cheap oakley sunglasses free shipping hearty, quick thinking, in the case of Nian Bin third days after the not guilty verdict, made in August 24th, accepted China youth signs up for a reporter to interview.
Mostcase from "suspected crimes leniently"
Chinese Youth Daily: from Zhejiang will case to case of Nian Bin in Fujian, in recent years, often have misjudged cases significant corrected. In your opinion, what are the reasons misjudged cases have?
Chen Guangzhong: these years exposed some grievance, also Cheap Dior Sunglasses publicly corrected some. The general causes of errors, is the deviation of concept, is "heavy blow, light protection". "Blow", was once a criminal case, to solve. The past is also mentioned "deadline crimes", "homicide cases must be broken". "Light protection", is in criminal cases do not attach importance to the protection of criminal suspects, the rights of the accused, in the process of handling cases, do not pay attention to procedural justice, do not attach importance to the protection of the rights of.
in accordance with the "law of criminal procedure", the criminal procedure have three horizontal road: public security, procuratorate, court three; vertical three: first, the second, if the death penalty cases, and the death penalty review. The reality is, not restricted, heavy with horizontal, vertical and not pay attention to according to the procedure control. In general, is the deviation of concept.
Chinese Youth Daily: deviation of this idea, in the case of how embodied here >
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