Anhui Province Huoshan County People's Procuratorate

Non prosecution decision

Huo Shan Jian Xing Bu Sui [2020] No. 15

The non indicted person, Yang Moumou, male, born on * * * *, 1965, with ID number of 3424271965 *****************, Han nationality, junior high school culture, farmer, lives in * * Group, * * Village, * * Township, Huoshan County, Anhui Province. The non indicted person Yang Moumou was released on bail by Huoshan County Public Security Bureau on March 11, 2020 due to his suspicion of intentional injury.

The case was investigated and concluded by the Public Security Bureau of Huoshan County, and was transferred to our court for examination and prosecution on August 17, 2020 as the non indicted person Yang was suspected of intentional injury.

The Court has examined and found that:

At about 14:00 on February 29, 2020, when the non indicted person Yang and his wife Zhu walked to the house building street in Xi'an, Taiyang Township Bridge, Huoshan County, they ran into the victim Wu. Zhu and Wu had an argument over trivial matters. Yang and Wu clashed when they came forward to discuss, and Yang injured Wu. After identification, Wu Xiulian's left chest injury was rated as Grade I minor injury.

After the incident, Yang Moumou, who was not prosecuted, was informed by the police by telephone to accept the investigation and truthfully confessed his criminal facts. After the crime, Yang Moumou, the person not prosecuted, reached a criminal reconciliation agreement with Wu Moumou, the victim, and obtained an understanding.

The Court believes that the non indicted person Yang Moumou 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, he has reached a criminal reconciliation agreement with the victim and obtained understanding, and he has such lenient circumstances as voluntary surrender and confession of guilt and punishment. According to Article 37 of the Criminal Law of the People's Republic of China, he does not need to be sentenced. In accordance with the provisions of the second paragraph of Article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Yang.

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 may appeal to the Lu'an People's Procuratorate for public prosecution within seven days after receiving this decision; They may also file a private prosecution directly to the People's Court of Huoshan County without appealing.

  Huoshan County People's Procuratorate

September 17, 2020