Before the students wanted was the Wu-Qi Liu chemical plant manager. The picture shows the plant gate.
Release photographers / reporter Hao Ping
WASHINGTON money 2 years ago, Gongyi City, Henan Province who wanted Liu Bai Chaoyang study found, was made to public security organs and tissues arrest. Meanwhile, Liu sudden death. Court of First Instance found, Bai Chaoyang and three companions committed the crime of illegal detention, were sentenced to ten years in prison. The case concerned the criminal law experts believe that any citizen found to wanted persons, seized and turned over power to the judiciary, Bai Chaoyang, who conduct did not constitute a criminal offense. At present, the case was sued in the Court of Zhengzhou City, waiting for second instance court.
seized and turned over that track wanted criminals
files show the evening of 29 December 2007, Gongyi City Public Security Bureau received Bai Zhaoyang Wu Zhiliang phone, which reported found an online wanted.
Bai Chaoyang report content, and soon was transferred to a squadron of Criminal Investigation, Gongyi City, Shuai Meng, vice captain. Liu contacted Bai Chaoyang, after inquiries found that Bai Chaoyang Liu reported online learning is really wanted fugitives.
According to reports,
Tod's Women's shoes, the escapees Liu Wu-Qi chemical science is director of Gongyi City, on suspicion of illegal trade in explosives, November 7, 2007 by Gongyi City Public Security Bureau Online adjacent Qinyang wanted, Liu has been at large.
Bai Chaoyang told Shuai Meng, Liu has been in school way back in Gongyi, he has sent track and told the Sun is held by the staff sent the phone.
Shuai Meng and Sun are held contacted told the Sun: 7 people, waiting at the junction, follow instructions to obtain Shuai Meng, Sun and others are held has been tracking school car Liu. When reaching the North Ring Road near Zhengzhou, Liu science suddenly stop, get ready to leave. Sun is now held so seeing this, Liu pulled off on his own car.
wanted criminals were sentenced to death 4
Court found, at 0:36 on December 30, 2007, Sun is now held telegraphed Bai Chaoyang Tell Shuai Meng, Liu and advise the Sun is held
about 20 minutes later, police arrived at the scene waiting for the Sun, who now hold that, Liu learning the body weak. Sun now give details of telegraph Shuai Meng, Liu Liu will be allowed to learn quickly rushed to the hospital. 1:55, the hospital announced the death of Liu study. After dawn, Bai Chaoyang Gongyi City Public Security Bureau and others to surrender.
After the incident, the Public Security Bureau of Zhengzhou City criminal Technology, Ministry of Public Security has the autopsy results showed that: Liu study the cause of death, the Department of trauma, emotional and mental stress, induced heart attack leading to death. March 3, 2009, (Shanghai) Institute of Forensic Science Forensic central conclusion is: emotional trauma and other factors, led to acute heart attack, caused by sudden cardiac death.
several autopsy results showed the epidermis that are bruised Liu study, subcutaneous bleeding, > the jurisdiction of the case off-site, March 31, 2009, Zhengzhou under the jurisdiction of such Zhongmu County Procuratorate charged Bai Chaoyang 4, the charge called unlawful detention.
's Court that the defendant Baichao Yang, who has a subjective deliberate illegal restriction of personal freedom, the implementation of the objective act of illegally restricting personal freedom, their behavior has been seized and turned over beyond a reasonable level, and the consequences of killing one person, their actions are consistent with the crime of illegal detention constitutes the objective and subjective elements.
2009 年 10 16, Zhongmu County's Court Bai Chaoyang crime of illegal detention and other four were sentenced to 10 years in prison. Among them, Bai Chaoyang sentenced to 11 years.
experts do not agree demonstration at the conviction
cases of first instance verdict in the legal controversy.
2009 年 12 months, Beijing Normal University Institute of Criminal Law of the case were experts. China Law Society criminal law of Criminal Law Research Association and other experts believe that Bai Chaoyang, who is certainly in the public security organs to assist arrest fugitives, their conduct did not constitute an illegal detention.
In addition, the judiciary confirmed the existent Liu Bai Chaoyang and economic disputes. Hereby affirm that verdict, Bai Chaoyang illegal detention of Liu et al study, there deliberately.
argument, the experts pointed out that although there is dispute the defendant and the deceased, although Bai Chaoyang report for personal motives, tracking the dead, but can not be denied the right of the accused and seized and turned over to enjoy the right to report, but its behavior can not be found offense. Ruan Qilin Ph.D., Professor of China University of Political Science pointed out that the case
■ controversy
1 seized and turned over illegal why conviction?
Court: Illegal detention of experts: citizens have seized and turned over the right
the case of the first instance verdict in the legal controversy. December 2 last year, Beijing Normal University Institute of Criminal Law of the case were experts, China Law Society criminal law of Criminal Law Research Association, honorary president of Gao and other of the view that the public security organs to assist the public security organs must capture large staff, Bai Chaoyang, who conduct did not constitute unlawful detention.
despite clear instructions to the public security organs do not arrest people just so that they follow, Li Huiqing said.
under Article 63 of the Criminal Code, for the person the following circumstances, any citizen can be seized and turned over public security authorities, prosecutors or the courts: one, is committing a crime or after the crime is discovered in time; II wanted on file; three, escaped from prison; 4, was arrested.
Accordingly, the experts believe that even without the mandate of the public security organs, found at large, citizens also have an obligation seized and turned over.
2 wanted death was an accident?
court: defense counsel is not an accident: an accident
experts have demonstrated that the lawful conduct of the case the accident.
Baichao Yang's attorney Li Huiqing said that forensic science is a sudden death of Liu, which is unpredictable, and illegal detention should act upon complaint,
tods mens shoes, the result of death should not be derived.
Li Huiqing said, for the accident, citizens shall bear civil liability. If you are inspired to implement the public security organs, public security organs shall bear civil liability.
this case, Sun is one of the parties held the view that they have been authorized by the public security organs,
for questioning, but Shuai Meng said, files on it
Li Huiqing that even if the public security authorities did not authorize, in accordance with criminal law, seized and turned over fugitives rights and obligations of citizens, be regarded as an accident.
the Court of First Instance held that the defendant's illegal behavior and Liu studied the results of a direct causal relationship between death, accidents do not meet legal requirements.
3 whether intentional injury?
Court: does not constitute an intentional injury experts: meet the wrongful death features
Another controversial case is that: Bai Chaoyang whether human behavior such as intentional injury?
the families of the deceased study that Liu, Bai Chaoyang, who in addition to the illegal detention, but also suspected of intentional assault.
first instance verdict, the existing evidence does not prove that there are intentional injury Bai Zhaoyang Liu and others into the school's subjective intent, objective and no harm to the health behavior of Liu, not intentional injury.
Procedural Law Research Institute of China University of Political Science and PhD supervisor Yang Yuguan thought that in the instant case, if confirmed seized and turned over the legitimate, if seized and turned over more than the necessary strength to constitute a crime, then, more in line with Negligent death characteristics.
4 there are scores can be considered evidence?
court: they have two scores as evidence of an intentional crime experts: seized and turned over flawed, but not criminal
in another controversial case, the Baichao Yang and Liu study had scores, seized and turned over together illegal?
judiciary confirmed that after 2005, and Liu Bai Chaoyang School contradictions. Year in November, Bai Chaoyang shares the name of the father, Five Seven chemical plant after they enter school and Liu contradictions. Court of First Instance to identify, focus on the conflicts between the production and management, dividends, etc..
court trial, Bai Chaoyang admitted that he passed a law and order brigade Qinyang City Public Security Bureau deputy head of that, as the Wu-Qi Liu, director of chemical into the high school to the black man selling detonators, received kickbacks from nearly 30 million. September 2007, Liu study on suspicion of trafficking in explosives, was Qinyang City Public Security Bureau Detention. November 2007, released on bail to escape into the school, Liu was wanted by the Internet. Mrs White informed of news inquire after the whereabouts of any news to report.
verdict hereby affirm, Bai Chaoyang other person is guilty of illegal detention, there deliberately.
this, December 2, 2009 Research Institute of Beijing Normal University criminal law expert at the demonstration, a number of scholars pointed out that because the defendant and the victim can not be of interest disputes, to deny the right of an accused to the report and seized and turned right. Although Bai Chaoyang personal motives for reporting, tracking the victim can not identify their behavior is illegal.
December 12 last year, the case of China University of Political Science will organize seminars, school of Criminal Justice PhD supervisor, Professor Ruan Qilin that case, behavior defective, but not enough to constitute a criminal offense.
■ response
Court of First Instance convicted the case difficult to recognize
Zhongmou Court, Politics and Law Committee of Henan Province said the case raises concerns
this cases in the community and academic controversy,
tods moccasin, the case of first instance court recognized the case difficult complex.
March 11 this year, Zhongmu County Court Criminal Tribunal Zhang Rende, this is rarely encountered in their court several .
dean LIU Jian said that this case has aroused the attention of Politics and Law Committee of Henan Provincial Party Committee, asked Zhongmu County Court heard the case to report the situation. Zhang Rende first instance the case said the trial judge, Provincial Politics and Law Committee, as competent authorities to provide guidance on the case, but Zhang cautioned that this should not be construed as
edition releases / reporter Qian Hao Ping Zhengzhou reported