Hefei People's Procuratorate

Criminal appeal review decision

He Jian Xing Shen Fu Jue [2020] No. 4

The complainant is Zhang Moumou, male, born on * * *, 1952, a Han nationality, who works as a farmer and now lives in * * Building * *, * * Community, * * Town, Changfeng County, Anhui Province. Zhang is a victim of the original case and a villager in the same village as Xiao, the suspect of the original case.

The complainant, Deng Moumou, female, born on * * *, 1951, is a farmer of Han nationality, and now lives in * * Building * * Room, * * Community, * * Town, Changfeng County, Anhui Province. She is the wife of Zhang Moumou and was not identified as the victim in the original case.

The complainants Zhang and Deng disagreed with the decision of the People's Procuratorate of Changfeng County, Anhui Province not to prosecute Xiao's case of suspected intentional injury, and lodged a complaint with our court on December 13, 2019.

The court found out through reexamination that at about 11:00 p.m. on September 23, 2018, the complainant Mr. and Mrs. Zhang and Mr. and Mrs. Xiao clashed on trivial matters at the door of their home. Later, Mr. Xiao's son, Mr. Xiao, came to the scene at about 5:00 p.m. that day to talk with Mr. Zhang and slapped Mr. Zhang in the face. After the fight, the victim, Mr. Zhang, arrived three times respectively Yangmiao Hospital, Shuangfeng Industrial Zone Hospital And the Second Hospital of Anhui Province received treatment, and finally diagnosed nine rib fractures in his left chest. Later, according to the forensic medical appraisal of the Criminal Technology Office of Changfeng County Public Security Bureau, Zhang's injury constituted a minor injury.

The court reviewed the case and found that there were many contradictions between the evidences in the original case. Although there was evidence that Xiao Xiaojia beat Zhang, there was also evidence to the contrary. Some facts of the original case have not yet been fully investigated, and the evidence has not met the truly sufficient conditions for prosecution. There is no error in the original decision not to prosecute.

The Court has decided to maintain the Chang Jian Public Prosecution Xbu Suo [2019] No. 8 Non prosecution Decision made by the People's Procuratorate of Changfeng County.

June 23, 2020