Joke Collection Website - Bulletin headlines - Has Du Peiwu been restored to public office?
Has Du Peiwu been restored to public office?
Du Peiwu, a policeman in the drug rehabilitation center of Kunming Public Security Bureau, Yunnan Province, was sentenced to death and deprived of political rights for life by the Kunming Intermediate People's Court on February 5, 1999. On October 2, 1999, he was sentenced to death by the Higher People's Court of Yunnan Province for intentional homicide, suspended for two years and deprived of political rights for life. On July 6, 2, he was acquitted by the Higher People's Court of Yunnan Province for retrial and released in court. On July 11th, Kunming Public Security Bureau reinstated Du Peiwu's dismissal from public office on March 7th, 2 with document No.12 issued by Kungong Jianfa (22). At the same time, Du Peiwu's party membership and salary and welfare benefits were also restored. Du Peiwu, a native of Liaocheng, Shandong Province, was born in May 1967. In September 1985, he was admitted to Yunnan Public Security College to study criminal investigation. In July 1988, he graduated and was assigned to work in Yunnan Public Security Bureau of Civil Aviation. In 1994, he married Wang Xiaoxiang, and then he was transferred to Kunming Public Security Bureau for compulsory detoxification. Until April 22, 1998, he was imprisoned. At about 2 o'clock on the evening of April 2th, 1998, Wang Xiaoxiang and Wang Junbo were chartered in a police minivan with the license plate Yun O·A455, and they met three criminal gangs, Yang Tianyong, Yang Mingcai and Teng Diandong, who drove out in a minivan to find the target. After Yang Tianyong and others found the "Two Kings" and the police car, they pretended to be anti-drug policemen and handcuffed the wrist of the "Two Kings" to rob them. Later, they killed the "Two Kings" with Wang Junbo's gun (No.165825), and then Yang Tianyong drove the police car to the north gate of Kunming Zoo and threw it away to escape. Du Peiwu called his wife Wang Xiaoxiang many times that night, but there was no reply. This situation aroused Du Peiwu's suspicion. The next day, 21st, Du Peiwu was not interested in going to work, so he asked for leave to find his wife in Kunming (Du Peiwu's place of work is about 3 kilometers away from downtown Kunming). After running all day, there was still no news. On the afternoon of the 2nd, Du Peiwu was trapped by the third brigade of the Criminal Investigation Detachment of Kunming Public Security Bureau. After being trapped, Du Peiwu was sent to the Criminal Investigation Detachment of Kunming Public Security Bureau. After being searched, several policemen took him to a big office on the fourth floor of the detachment and let him sit there until 5 pm before handing him over to the task force. In the task force, Du Peiwu was repeatedly questioned about the activities on April 2, and then he was not allowed to sleep for three days and three nights to explain the problem. From the afternoon of April 22 to May 2, he was detained for questioning for 1 consecutive days. In the meantime, Du Peiwu, a policeman, repeatedly asked the police handling the case for the legal procedures for detaining him, but the other party only gave him a "summons card". Du Peiwu said that a summons card can only detain me for 12 hours at most, but you have kept me for 1 days and nights, and you can't come up with other legal procedures. Why should you detain me? The case-handling personnel actually said, "If you want to detain you, you will be detained. What legal procedures do you need?" During his detention, Du Peiwu learned about the shooting of Wang Xiaoxiang and Wang Junbo from the police handling the case. Ten days after the review, because the case did not make much progress, the case-handling personnel had to send Du Peiwu to his unit, Kunming Compulsory Drug Rehabilitation Center, for detention in disguise. At the same time, the task force did not relax for a moment. Because Du Peiwu has many doubts as a murder suspect, and there is no direct evidence. Therefore, the police have used the most advanced scientific and technological means of criminal investigation in Yunnan Province since the founding of the People's Republic of China, from police dogs, lie detectors, Raman tests (detection of shooting residues) to the determination and analysis of trace elements in soil minerals. Not to mention the traditional and conventional detection methods. In addition to the above-mentioned criminal investigation methods, some departments have used the method of extorting confessions by torture (as can be seen from the sunken scars on Du Peiwu's wrist and his torn clothes and his "Accusation of extorting confessions by torture"). Under the strong pressure of unbearable psychological and physical pain, Du Peiwu had to admit his murder and "tell" a whole set of "plots" of cheating and shooting people. On December 17, 1998, Kunming Intermediate People's Court held a trial of Du Peiwu's intentional homicide. Shortly after the trial, Du Peiwu showed the court the scars on his wrists, knees and feet left by the case handlers, accused the case handlers of extorting a confession by torture, and asked the public prosecutor to show the photos taken by the resident prosecutor at the detention center on July 29 to prove that he was tortured, but they were ignored. Du Peiwu's defense lawyer also pleaded not guilty and raised four questions. Liu Hule (Du Peiwu's defense lawyer) 1. Du Peiwu's confession was obtained by torture. 2. There is no evidence to prove that the defendant Du Peiwu has the subjective motive of intentional homicide. There is no evidence to prove that Du Peiwu committed intentional homicide. 4. In this case, there is no evidence to explain some situations that need evidence, which shows that the basic facts of this case are unclear. In the face of the lawyer's questions, the prosecutor suggested that it was necessary to adjourn the court to supplement evidence collection, so the first trial of the first instance announced an adjournment. On January 15, 1999, the Japanese case was heard again. In order to attract the judge's attention, Du Peiwu quietly hid a set of clothes that were smashed when he was tortured to extract a confession at his waist. Shortly after the trial, he once again raised the issue of extorting a confession by torture, and used his last trick: pulling out his torn clothes in front of judges, prosecutors, lawyers and hundreds of spectators to prove that he had been extorted by torture and that his past guilty confessions were forced and therefore invalid according to the law, but all he did was ignored by the court. On February 5, 1999, the Kunming Intermediate People's Court sentenced Du Peiwu to death and deprived him of his political rights for life. In the second instance, Du Peiwu appealed to the Higher People's Court of Yunnan Province on March 8, 1999, arguing that "there is no evidence to prove the motive for killing; Extorting confessions by torture and handling cases illegally; The evidence in this case is insufficient, and there are many doubts. I hope that the Provincial High Court will carefully review it and not disregard for human life. On April 6th, defense lawyers Liu Hule and Yang Song filed a Defense Statement for the Second Instance with the Yunnan Provincial High Court to refute the judgment made by the court of first instance. On October 2, 1999, the Yunnan High Court "kept people under the knife", and finally sentenced Du to death with a two-year suspension. Du Peiwu was then put into the First Prison of Yunnan Province to serve his sentence. My innocent family was half destroyed by criminals and half by judicial corruption. How sad it is to pin the hope of exoneration on the real murderer after being wronged. -Du Peiwu's suicide note on August 6, 1998. The real murderer appeared. On June 17, 2, the public security organs in Kunming cracked the case of a large murder gang headed by Yang Tianyong, a railway policeman. When Yang Tianyong's safe was opened, the relevant personnel who had handled Du Peiwu's case were stunned, and the "July 7" pistol that caused the "two kings" to be Siming was lying in Yang Tianyong's safe! At this point, Du Peiwu's grievances were thoroughly washed away. On July 6th, 2, Yang Tianyong was retrial and acquitted by Yunnan Higher People's Court, and was released in court. On July 11th, Kunming Public Security Bureau reinstated Du Peiwu's dismissal from public office on March 7th, 2 with document No.12 issued by Kungong Jianfa (22). At the same time, Du Peiwu's party membership and salary and welfare benefits were also restored. The postscript Du Peiwu case has aroused great concern from all sides. Chen Linghua, an associate professor at Yunnan University Law School, pointed out that Du Peiwu's case is a typical case of extorting a confession by torture. The judicial department should draw inferences from this case, draw a profound lesson, strive to improve the legal quality and ideological quality of judicial personnel, and constantly advance the process of governing the country according to law. In order to prevent such unjust, false and wrong cases from happening again, Yunnan Provincial Public Security Department has set up six defense lines. 1. When taking measures such as detaining for questioning, criminal detention, summoning, etc., the public security police must strictly follow the law, and the person in charge of the handling unit and the person in charge of the legal department should be responsible for this work. 2. When interrogating a criminal suspect, there must be more than two policemen. If the policemen present do not stop extorting a confession by torture, they shall be jointly and severally liable. 3. In the place where the police interrogate the suspect, a warning slogan "No extorting confessions by torture" must be written in a conspicuous position. 4. Anyone who is new to the supervision place must have a physical examination, and report immediately if he finds the suspicion of extorting a confession by torture. 5 to carry out democratic life meetings to prevent confessions by torture, and to deal with reports of confessions by torture in all aspects in a timely manner. 6. Strictly manage the police and strictly enforce the law. Cases of extorting confessions by torture that have occurred must be promptly investigated and dealt with according to law. The police who participated in extorting confessions by torture in Du Peiwu's case were also punished by law. On August 3, 21, the Wuhua District People's Court in Kunming was convicted of extorting a confession by torture. Qin Bolian, the former political commissar of the Criminal Investigation Detachment of Kunming Public Security Bureau, and Ning Xinghua, the captain, were sentenced to one year's imprisonment, one year's probation, and one year and six months' probation for two years.
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