Bengbu People's Procuratorate

Criminal appeal review decision

Beng Jian Yi Bu Xing Shen Fu Jue [2019] No. 2

The complainant, year A, was born on * * *, 1962, with an ID card number of 340321196 ***************, a Han nationality, living in No. * *, * * Fang Group, * * Village, * * Town, Huaiyuan County, and was the victim of a suspected intentional injury case in year B.

On April 24, 2019, the complainant XX A refused to accept Huaiyuan County People's Procuratorate's decision of no prosecution (HJXNJ [2019] No. 4) because XX B was suspected of intentional injury, requesting that XX C and XX B make a decision of prosecution, investigate their criminal responsibility according to law, and lodge a complaint to this court.

The hospital rechecked and found that:

On the afternoon of March 27, 2017, the suspects Nian XX B, Nian XX A, Nian XX D, Nian XX E and others visited their father's grave in Dagou Village, Baoji Town, Huaiyuan County. As Nian XX let Nian XX A kowtow to his father in front of the grave, Nian XX A disagreed, Nian XX and Nian XX A fought with their fists, causing Nian XX A to fall to the ground. Later, Nian Mou Ding accused Nian Wu of beating Nian Mou Jia, and Nian Mou Wu continued to beat Nian Mou Ding, causing Nian Mou Ding to be injured. In the meantime, the right leg of year A was injured. According to the appraisal of Huaiyuan County Public Security Judicial Expertise Center, the degree of injury of the right lower limb of A in was Grade I of slight injury.

After reexamination, the Court found that the facts of the case were unclear and the evidence was insufficient, which did not meet the conditions for prosecution.

The complainant's repeated statements contradicted the witness's testimony and the criminal suspect's statement. After repeated supplementary investigations, it was still impossible to rule out reasonable doubt that the complainant's leg injury was caused by the injury of year B.

The Court has decided to uphold the decision of the People's Procuratorate of Huaiyuan County not to prosecute in accordance with Article 180 of the Criminal Procedure Law of the People's Republic of China.

September 10, 2019