Anhui Provincial People's Procuratorate

Criminal appeal review decision

Wan Procuratorate for retrial [ two thousand and eighteen 〕 five number   

The complainant is Cheng XX, male, one thousand nine hundred and sixty-six year ** month ** Japanese born in Bengbu, Anhui, Han nationality, junior high school culture, ID card number 3403211966******** , unemployed, living in Yuhui District, Bengbu City ** Temple ** village ** number. He is the original victim.

On behalf of the complainant, Cheng XX, male, one thousand nine hundred and sixty-one year ** month ** Japanese born in Bengbu, Anhui, Han nationality, primary school culture, ID card number 3403211961******** , farmer, living in Yuhui District, Bengbu City ** Temple ** village ** number. It is the brother of the original victim Cheng.

The person not prosecuted in the original case, Mr. Zhang, one thousand nine hundred and seventy-three year ** month ** Japanese born in Shou County, Anhui Province, Han nationality, junior high school culture, ID card number 3424221973******** , driver, living in Yuhui District, Bengbu City, Anhui Province ** residential quarters ** Building No ** unit ** Room. two thousand and seventeen year two month seventeen The People's Procuratorate of Fengyang County decided not to prosecute on suspicion of causing a traffic accident on July 1.

The complainant, Cheng, refused to accept the punishment of Feng, the People's Procuratorate of Fengyang County, because Zhang was suspected of causing traffic accidents（ two thousand and seventeen ） nine No. decision on non prosecution against Zhang and application for retrial of Chuzhou People's Procuratorate（ two thousand and seventeen ） eight The decision of maintaining non prosecution made in the Decision on Review of Criminal Appeal No. He appealed to the Court on the grounds that the facts of Zhang's traffic accident crime were clear and supported by evidence.

The hospital rechecked and found that:

The person not prosecuted in the original case, Mr. Zhang, drove in Anhui ****** Sedan No. 1, along two hundred and seven When driving from north to south to Tongqiao, Xiquan Town, Fengyang County, the line hit a motorcycle that fell on the road after a unilateral accident, and then drove away from the scene. The complainant, Cheng XX, was injured in a traffic accident (identified as Grade II serious injury), and Cheng XX was injured for a second time.

The court reexamined that the People's Procuratorate of Fengyang County made the right decision not to prosecute the suspect Zhang according to law. The complainant, Cheng XX, proposed that Zhang XX constituted a traffic accident crime without relevant evidence support, nor could he submit new evidence. The reason for the complainant's appeal is untenable. In accordance with the provisions of Article 40 (1) of the Provisions of the People's Procuratorate on Reviewing Criminal Appeal Cases, the court decided to maintain the Fengyang County People's Procuratorate's non prosecution（ two thousand and seventeen ） nine The decision not to prosecute Zhang made in the No indictment.