Anhui Provincial People's Procuratorate

Criminal appeal review decision

WJXSFD [2019] No. 2

     The complainant Lv Moumou, female, born on * * *, 1969, resident ID card number 3424221969 ************, Han nationality, lives in Room * *, Building * *, * * Garden, * * Road, Luyang District, Hefei City. She is the wife of Xu Moujia, the original victim.

The person who was not prosecuted in the original case, Wang Moumou, male, born on * * *, 1989, with resident ID card number of 3401111989 ************, Han nationality, lives in Room * *, Building * *, * * Yuan, * * Road * *, Luyang District, Hefei City.

The complainant, Mr. Lv, refused to accept the decision of Hefei Municipal People's Procuratorate to not prosecute (2017) No. 1, because Mr. Wang was suspected of intentional injury. On the ground that Mr. Wang beat the victim, Mr. Xu A, with others, and then stopped the taxi that Mr. Xu B took, which constituted a crime of intentional injury, he filed a complaint to the court and requested that Mr. Wang be prosecuted.

The hospital rechecked and found that:

     October 3, 2016 At about 22:00, when the victim Xu Moujia was checking out at the front desk of Hetang Hotel, he had a dispute with the waiter about the compensation for the damage of the room pendant lamp. Yuan Moumou (sentenced), the defendant in the hotel, saw the case and informed the defendant Yao Moumou (sentenced) that Yao Moumou called the defendant Liang Moumou (sentenced) to tell him that someone had made trouble in the hotel, Liang Moumou called Wang Moumou, the person not prosecuted, and Wang Moumou rushed to the Hetang Hotel. Then Liang and Zheng also rushed to the Hetang Hotel. At the door of the hotel, Liang shouted "do" because of a quarrel, and beat the victim Xu with Yao, Yuan and Zheng, causing Xu to fall to the ground and not wake up. Xu ran to the intersection of Hetang Road and Fuyang North Road. Wang stopped Xu's taxi on his motorcycle. Later, Liang, Yao, Yuan and Zheng beat Xu. Xu Moujia died after invalid rescue. After identification, the victim Xu Moujia died of cervical fracture and cervical spinal cord injury caused by external force on his head and face.

The court rechecked that the respondent Wang Moumou arrived at the Hetang Hotel after receiving Liang Moumou's phone call. When Wang Moumou was in the Hetang Hotel, the two parties were negotiating the compensation. After Liang arrived at the scene, Liang, Yao and others beat Xu, and found that the evidence of Wang's involvement in the beating was insufficient. Hefei People's Procuratorate, according to the provisions of Paragraph 4 of Article 171 of the Criminal Procedure Law of the People's Republic of China in 2012, made no improper decision against Wang.

     The Court decided that, in accordance with the provisions of Article 40 (1) of the Provisions of the People's Procuratorates on Reviewing Criminal Appeal Cases, Maintain Hefei People's Procuratorate He Jian Gong Er Xing Bu Sui [2017] No. 1 Non prosecution Decision.

                                March 17, 2019