A man in Yueyang, Hunan Province was acquitted after being accused of killing his brother and was detained for 5 years. What was the result?

201365438+1On October 23rd, a man's body was found near a pond in Matang Town, Yueyang County. Police investigations revealed that the deceased was Feng Yuxiang who was released from prison three months ago. Three months later, Yao, the brother of the deceased, was found to have killed his own brother and was sentenced for intentional homicide.

Yao refused to accept it and appealed many times. After more than five years of judicial trial, this suspicious murder case was finally acquitted on 20 18 10 16.

On July 5, Yao applied to Yueyang Intermediate People's Court for state compensation of 3.22 million yuan.

He was sent back for retrial twice and was finally acquitted.

At about 20 1 365438+1on the afternoon of October 23rd1,villagers in Xinjian Village, Matang Town, Yueyang County, Hunan Province found a man's body by the pond.

The police in Yueyang County confirmed that the deceased was Feng Yuxiang who was released from the detention center in Tianyuan District of Zhuzhou City on 20 12 and 10. Feng Yuxiang was released from prison at 8 am on 20 121October 3. According to the original judgment, it was the night when Feng Yuxiang was released when his younger brother Yao was killed, with a gap of less than 12 hour.

20 13 On April 23rd, Yueyang County People's Court sentenced Yao to 10 years' imprisonment for intentional homicide. Yao refused to accept and appealed.

2065438+On June 7, 2004, Yueyang Intermediate People's Court revoked the original judgment and sent it back for retrial.

2065438+On March 23rd, 2005, Yueyang County People's Court still found Yao guilty of intentional homicide after retrial. Yao still refuses to accept the appeal.

On September 2, 2065438, the Yueyang Intermediate People's Court sentenced Yao to seven years' imprisonment for intentional homicide, and then reported it to the Provincial Higher People's Court for review.

2065438+On May 5, 2007, the Provincial Higher People's Court decided to send it back for retrial.

On September 26th, 1965, Yueyang Intermediate People's Court acquitted Yao. Yueyang Intermediate People's Court held that the fact that Yao committed the crime of intentional homicide in the original judgment was unclear and the evidence was insufficient, so the charges against Yao by the original public prosecution agency could not be established.

The claim includes 2 million yuan of solatium.

Yao believes that according to Article 17 (2) of the State Compensation Law of People's Republic of China (PRC), if a citizen decides to dismiss the case, not to prosecute or terminate the investigation of criminal responsibility after taking arrest measures, the victim is entitled to compensation.

On July 5, Yao applied to Yueyang Intermediate People's Court for state compensation of 3.22 million yuan. Yao's specific compensation request is: paying 724,707.5 yuan for infringement of personal freedom; Publish a newspaper to apologize, eliminate the influence, restore reputation, and pay 2 million yuan for mental damage; Compensation for economic losses caused by misjudgment is 500,000 yuan.

Yao also asked nine judges who made guilty judgments, including Zhang, Xu and Chen, the compensation obligors, to be jointly and severally liable for all the compensation paid by the compensation claimant.

Yao told reporters that from 201365438+1October 25th to 20181kloc-0/6, he was detained without charge for 2090 days.

Yao believes that long-term wrongful detention has also caused him and his family great reputation and mental damage. Therefore, according to the provisions of Article 35 of the State Compensation Law, Yueyang Intermediate People's Court is requested to make an apology in a newspaper, eliminate the influence, restore its reputation, and pay 2 million yuan for mental damages.

Being ridiculed for not being able to pay by WeChat.

Social discrimination and poor health prevented Yao from finding a better job to make a living after his acquittal. He started his old job again, helping people play suona at funerals.

When talking about his own experience, Yao summed up "it's a long story" in four words. "When I first came out, I didn't know how to communicate with people. I feel out of touch with society Others use WeChat to pay for things, and only I use cash. They all laughed at me. "

What makes Yao sad even more is that the economic conditions at home are not very good, because of their own reasons, they also bring trouble to their father, wife and daughter. "My eldest daughter was gossiped at school and didn't study. 18 years old worked outside. My father is 70 years old. In those years, others looked down on him, and he never looked up when he walked. He has a disabled hand and usually moves stones outside to see other people's faces. My wife lives alone in her parents' home with two children. In order to make a living, she can only do a small business of selling steamed buns and steamed buns ... It's hard to think of it, and it's hard to think of it. "