Suzhou People's Procuratorate

Criminal appeal review decision

Xunshanfuju [2020] No. 4, Residential Inspection Department I

The complainant Wang Moumou, male, born on * * *, 1965, ID card number 3422221965 ************, Han nationality, primary school culture, agriculture, from Xiaoxian County, Anhui Province, lives in * * Village, * * Township, Xiaoxian County. He is the original victim.

The complainant Wang Moumou, because Han Moumou A and Han Moumou B are suspected of intentional injury, disagrees with the Xiao County People's Procuratorate's decision of not prosecuting Han Moumou B on the basis of Xiao Jian Jian Yi Xing Bu Sui [2020] No. 7, and makes a complaint to this court on the ground that Han Moumou B should be prosecuted for committing intentional injury crimes.

The court found out through reexamination that at about 21:00 on May 13, 2019, when the complainant Wang drove an electric tricycle after drinking and passed by the door of Han Moujia (sentenced), a villager in * * Village, * * Township, Xiaoxian County, he cut into Han Moujia for lack of observation. Han Moujia insulted Wang Moumou, and the two sides fought. Han Moujia injured Wang Moumou. During this period, the non indicted person Han Mouyi came to the scene through a telephone invitation from Han Moujia. It was identified that Wang's left and right chest suffered from ten rib fractures due to external force, and the degree of injury was Grade I minor injury; Fracture of frontal process of bilateral nasal bones and bilateral maxilla caused by external force is consistent with recent trauma, and the degree of nasal injury is secondary to minor injury; Oral cavity and left ear injuries were minor.

The court believes that after two times of return for supplementary investigation, the existing evidence is still insufficient to prove that Han Mouyi has committed the act of beating the complainant, causing him minor injuries. The case does not meet the conditions for prosecution, and the People's Procuratorate of Xiaoxian County made a correct decision not to prosecute accordingly. After the complainant claimed that he had a dispute with Han Moujia, Han Moujia called Han Mouyi, the person who was not prosecuted, and they beat Wang Moumou together, resulting in Wang Moumou's minor injury consequences. After that, Han Moujia and Han Mouyi had asked someone to mediate, and the two people admitted the fact of intentional injury to the intermediary, and should appeal to Han Mouyi for prosecution. From the evidence on the record, at present, only the statement of the complainant Wang Moumou directly accused Han Mouyi of beating the complainant with Han Moujia after arriving at the scene, but Han Mouyi denied that there was any act of beating. Neither the confession of the co offender Han Moujia nor the testimony of the witnesses Han Mouyi C and Hao Moumou could prove the fact that Han Mouyi beat Wang Moumou, and the existing evidence could not form a complete closed evidence chain, The evidence that Han Mouyi beat Wang Mou Mou Mou Mou Mou can not reach the standard of accurate and sufficient proof; The content of the "intermediary" certification described by the complainant is evidence sent from Han, which cannot be recognized by Han and Han. The authenticity of the evidence cannot be determined and cannot be used as the basis for the determination of the case. Therefore, the fact that Han Mouyi is suspected of intentional injury is unclear and the evidence is insufficient, and the complainant's appeal reason cannot be established.

The Court has decided to uphold the decision of the People's Procuratorate of Xiaoxian County not to prosecute (Xiao Jian Jian Yi Xing Bu Sui [2020] No. 7).

October 14, 2020