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[Decision on Review of Criminal Appeal] XJXSFD [2014] No. 1
Time: July 31, 2014 Author: News source: [Font size: large | in | Small
  

Xuancheng People's Procuratorate of Anhui Province

  Criminal appeal review decision

   Proclamation of retribution [ two thousand and fourteen one number

   The complainant is Pan Xjia, female, **** year ** month ** Birth, ID card number ****** , Han nationality, from Langxi County, junior high school culture, self-employed, living in Langxi County ****** , is the victim of the original case.

   The original non indicted person Pan × B, female, **** year ** month ** Date of birth, ID card number ****** , Han nationality, from Langxi County, junior high school culture, unemployed, living in Langxi County ******

   The complainant Pan Xujia refused to sue because he refused to accept the punishment of Lang Procuratorate of Langxi County People's Procuratorate [ two thousand and fourteen one The decision of no prosecution made in the No. decision of no prosecution on the case of Pan × B's suspected robbery was appealed to this court.

   The complainant Pan Xujia claimed that in handling the case of Pan Xuyi's robbery, the Langxi County People's Procuratorate accepted the invitation of Pan Xuyi's family members, and asked their family members to consult the case file to reveal the case, which resulted in the witness being threatened and beaten, and requested the court to rescind the decision of the Langxi County People's Procuratorate not to prosecute according to law, and investigate Pan Xuyi's criminal responsibility according to law.

   The hospital rechecked and found that: two thousand and eleven year eight month twenty-four day seven Hour thirty Around, in Langxi County ****** In front of Pan Xjia's tofu stall, Pan Xyi's sister-in-law, Li Xiaolan, quarreled with Pan Xjia about trivial matters and beat each other. Pan Xyi and his brother, Pan Guangxi, also took part in the beating when they saw it. In the meantime, Pan Xujia lost a gold necklace.

   According to our reexamination, it can not be determined that Pan × B, the person who was not prosecuted in the original case, has committed robbery according to the existing evidence, and Pan × B is suspected of committing robbery with insufficient evidence; With regard to the unfair handling of the case reflected by the complainant, the Court has made an investigation conclusion and replied to the complainant: the People's Procuratorate of Langxi County did not accept the banquet of Pan × B's family members during the handling of the case, nor did it let their family members check and read the files and other illegal situations. The complainant's reasons for appeal cannot be established, and the decision of the People's Procuratorate of Langxi County not to prosecute in accordance with Paragraph 4 of Article 171 of the Criminal Procedure Law of the People's Republic of China is not improper.

   The Court has decided to maintain the Langxi County People's Procuratorate's decision not to prosecute two thousand and fourteen one No.

   two thousand and fourteen year five month twenty day