Anhui Provincial People's Procuratorate

Criminal appeal review decision

WJXSFD [2019] No. 3

The complainant is Chen Moumou, male, born on * * *, 1947, with resident ID card number of 3421281947 ***************, a Han nationality, a primary school culture, a farmer, living in No. * * Village, * * Town, Yingshang County. He is the original victim.

The person who was not prosecuted in the original case, Mr. Jing, was born on * * *, 1970, with the resident ID card number of 3421281970 ***************, a Han nationality, a junior high school student, engaged in business, and lived at * * Village * *, * * Town, Yingshang County.

The complainant Chen Moumou filed a complaint against the Yingjian Criminal Non prosecution Decision [2017] No. 2 made by the People's Procuratorate of Yingshang County because of the case of Jingmou being suspected of intentional injury, December 6, 2017 The Fuyang People's Procuratorate upheld the original decision not to prosecute with the FJXSFZ [2017] No. 15 decision on criminal appeal review. The complainant, Chen Moumou, was still not satisfied. On the ground that Jing Moumou fell down and caused minor injuries when he drove his vehicle suddenly and deliberately, Jing Moumou constituted a crime of intentional injury, he filed a complaint with the court, requesting to revoke the original decision of Yingshang County People's Procuratorate not to prosecute and the decision of Fuyang People's Procuratorate to re-examine, and to initiate a public prosecution against Jing Moumou.

The hospital rechecked and found that:

In the afternoon of August 17, 2015, the complainant Chen and the non indicted person Jing met at the intersection of Xincun Avenue and Youdian Road in Digou Town, Yingshang County. Because of a dispute between Chen's son and Jing, Chen chased and intercepted Jing. After being dissuaded by the surrounding people, Jing got on his car parked at the intersection and started the vehicle to leave the scene, Chen went forward to catch up with Jingmou's vehicle and followed the vehicle, but Chen fell to the ground and was injured. It is identified that the degree of injury of Chen is one level of minor injury.

The court reexamined that the complainant Chen chased Jing, who wanted to drive a vehicle away, and Chen followed Jing, which proved that Jing knew that Chen caught the vehicle and deliberately accelerated the vehicle to hurt Chen in this way. The evidence was insufficient. Yingjianxingbusui [2017] No. 2 Non prosecution Decision of Yingshang County People's Procuratorate is not improper.

The Court has decided to maintain the decision of Yingshang County People's Procuratorate on not prosecuting (2017) No. 2 and the decision of Fuyang People's Procuratorate on reviewing criminal appeals (2017) No. 15 in accordance with the provisions of Article 40 (1) of the Provisions of the People's Procuratorate on Reviewing Criminal Appeals.

March 27, 2019