Bengbu People's Procuratorate

Criminal appeal review decision

Beng Jian Yi Bu Xing Shen Fu Jue [2020] No. 5

The complainant Zhao Moumou, female, born on * * *, 1988, ID card number 4128281988 **************, Han nationality, residing at * * Group, * * Village, * * Town, Huaiyuan County Niu is the daughter-in-law of Yang, the victim of the rape case.

The complainant Zhao Moumou Niu is suspected of rape In the first case, the people's procuratorate of Huaiyuan County refused to accept the decision of Huaiyuan First Criminal Department No. 9 (2020) not to prosecute, and filed a written appeal to the court on April 23, 2020.

After reexamination, the Court found that the existing evidence of the case could not prove the facts of the case recognized by the investigation organ, the facts of the case were unclear, and the evidence was insufficient.

After reexamination, the Court found that the fact that Niu XX was suspected of rape was unclear, and the evidence was insufficient. The original decision of Huaiyuan County People's Procuratorate on not prosecuting Niu XX in the No prosecution Decision (2020) No. 9 of Huaiyuan County People's Procuratorate on not prosecuting was appropriate.

The Court has decided to uphold the decision of Huaiyuan County People's Procuratorate not to prosecute (2020) No. 9.

October 9, 2020