People's Procuratorate of Linquan County, Anhui Province

Non prosecution decision

LJXBJ [2020] No. 45

The non indicted person Wei Moujia, male, born on * * *, 1971, ID card number 3421221971 ****************, Han nationality, primary school culture, farmer, from Linquan County, Anhui Province, lives at * * Village Committee * *, * * Town, Linquan County. The non indicted person Wei Moujia was criminally detained by Linquan County Public Security Bureau on August 16, 2019 on suspicion of intentional injury. He was granted a guarantor pending trial by Linquan County Public Security Bureau on August 22, the same year, and was granted a guarantor pending trial by our court on August 21, 2020.

The case was investigated and concluded by Linquan County Public Security Bureau, and Wei Moujia, who was not prosecuted, was suspected of intentional injury and was transferred to our court for prosecution on August 20, 2020.

The Court has examined and found that:

At about 15:00 on April 16, 2019, in Wei Xiaoying, * * Village, * * Town, Linquan County, Wei claimed to Wei that he had been kicked by Yang before his mother, who was not prosecuted. Wei asked Yang about this, and the two sides had a verbal dispute and fought with each other. In the meantime, Wei Moujia beat Yang Moumou's face and chest, causing Yang Moumou's eyes, nose and chest injuries. According to the appraisal of Linquan County Public Security Judicial Expertise Center, Yang's soft tissues around the nose, right maxillofacial region and both sides of the forehead are swollen, and the left 7th anterior rib is fractured, which constitutes a minor injury; Comminuted fracture of the right nasal bone and fracture of the frontal process of the right maxilla constitute minor injury of grade II.

After the incident, Wei Moujia, the non indicted person, was informed by the police of Weizhai Police Station of Linquan County Public Security Bureau to come to the case and truthfully confess his crime.

On August 19, 2019, the respondent Wei Moujia and Yang Moumou reached a settlement, and Wei Moujia compensated Yang Moumou with 20000 yuan. Yang Moumou expressed understanding to Wei Moujia.

The evidence for ascertaining the above facts is as follows:

1. Registration form, letter of decision, letter of understanding and other documentary evidence;

2. The testimony of the witness Wei Mouyi;

3. Statement of the victim Yang Moumou;

4. The confession and defense of the non accused Wei Moujia;

5. Forensic medical appraisal certificate of human injury degree issued by the Public Security Judicial Appraisal Center of Linquan County, Anhui Province;

6. Records of on-site inspection;

7. Law enforcement recorder video.

The above evidence collection procedure is legal, and the content is objective and true enough to identify the facts examined and identified by the Court. The non indicted person Wei Moujia has no objection to the criminal facts and evidence identified by our court, and voluntarily pleads guilty and accepts punishment.

The Court believes that the non indicted person Wei Moujia has committed the act specified in the first paragraph of Article 234 of the Criminal Law of the People's Republic of China, but the circumstances of the crime are minor, with the circumstances of voluntary surrender, active compensation for the loss of the victim and obtaining understanding. Wei Moujia voluntarily pleads guilty and pleads guilty to punishment, and can be lenient according to the provisions of Article 15 of the Criminal Procedure Law of the People's Republic of China. According to Article 37 of the Criminal Law of the People's Republic of China, no penalty is required. According to the provisions of the second paragraph of Article 177 of the Criminal Procedure Law of the People's Republic of China, we decided not to prosecute Wei.

If the person who is not prosecuted does not accept this decision, he may appeal to this court within seven days after receiving this decision.

If the victim refuses to accept this decision, he or she may appeal to the People's Procuratorate of Fuyang City, Anhui Province within seven days after receiving this decision and request to initiate a public prosecution; It may also file a private prosecution directly to the People's Court of Linquan County, Anhui Province without appealing.

People's Procuratorate of Linquan County, Anhui Province

September 18, 2020