It took 4 years to prove that the injury identification was wrong, and the defendant in an intentional injury case in Kaifeng was acquitted.
On August 31, Ma Xianzhong from Kaifeng, Henan received a criminal verdict from the Tongxu County Court. He was sentenced to one year and three months in prison for intentional injury and was acquitted.
At this time, it has been more than 3 years since his sentence was released.
The aforementioned judgment shows that the court found that the fact that the defendant Ma Xian injured the victim Ma Shuqin was established and the defendant should compensate for the loss.
The identification of the degree of injury to the victim constituted a minor injury was not based on sufficient evidence, and the public prosecution agency charged the defendant with the crime of intentional injury.
On the night of getting the verdict, Ma Xianzhong said that after more than four years of difficult appeals, he was finally sentenced to not guilty. “Thanks to the county court for sticking to the bottom line and upholding fairness and justice.”
Separation of the nasal suture was found to be a fracture, and the defendant was sentenced in first instance
The Paper reported in May 2018 that on February 24, 2016, Ma Shuqin and his son and son-in-law went to discuss housing issues with Ma Xianzhong. In the gatehouse of Ma Xianzhong’s house, the two sides fought each other, and Ma Xianzhong injured Ma Shuqin’s nose with his fist.
On March 22, 2016, Ma Xianzhong was detained.
The judicial appraisal of the degree of damage is the focus of the dispute in this case.
Five days after the incident, Ma Shuqin went to Kaifeng Central Hospital for an examination and was diagnosed with fractures of the left nasal branch and the left maxillary frontal process.
Based on this, the Tongxu County Public Security Bureau forensic medical examiner identified Ma Shuqin as a minor injury second class.
However, Ma Xianzhong’s defender took the CT images examined by Ma Shuqin at Kaifeng Central Hospital and was registered with Li Shuxin, an authoritative imaging expert in Henan Province, and was diagnosed as "left maxillary frontal process fracture" and no left nasal branch fracture.
After that, the procuratorial agency ordered the case-handling agency to re-entrust the appraisal.
The "Consultation Appraisal of Forensic Human Injury Degree of Kaifeng Public Security Bureau's Physical Evidence Appraisal Institute" in September 2016 showed that forensic doctors and police took Ma Shuqin to Kaifeng No. 2 Hospital of Traditional Chinese Medicine, PLA 155 Central Hospital, Henan Provincial People's Hospital, Zhengzhou People’s Hospital re-examined and found fractures of the left maxillary frontal process, but none of the left nasal branches were found.
Among them, three companies found that the left nasal suture widened, which was consistent with the separation of the nasal suture.
"After consultation and discussion with provincial forensic experts, it is believed that the separation of the left nasal and jaw suture is a nasal bone fracture, so Ma Shuqin suffered a traumatic injury to the left nasal bone fracture and left maxillary frontal process fracture, which constitutes a secondary minor injury."
During the trial of the first instance, Ma Xianzhong’s defender asked: Why did the four hospitals fail to detect a fracture of the left nasal branch, but Kaifeng Central Hospital did it?
Separation of the nasal gap refers to the widening of the gap between two bones. The fracture is on one bone. How can it be the same?
However, this opinion was not adopted by the court.
On March 20, 2017, the Tongxu County Court made a first-instance verdict, sentenced Ma Xianzhong to one year and three months in prison for the crime of intentional injury, and compensated the plaintiff Ma Shuqin for medical expenses of 4388 yuan.
Ma Xianzhong appealed the judgment of the first instance.
After serving his sentence, he was released and continued to complain of grievances.
Seek evidence from an expert and was commuted not guilty
During the trial of the first instance, the forensic doctors of the Kaifeng Municipal Public Security Bureau’s Physical Evidence Appraisal Institute appeared in court and pointed out that they identified the nasal suture separation as a nasal bone fracture. In the chapter on nasal bone fractures.
In response, Ma Xianzhong commissioned a defender to find the first authors of two forensic textbooks and conduct written investigations.
The first editor-in-chief of "Imaging Atlas of Forensic Live Injury Identification" and Professor of Forensic Medicine at China Criminal Police Academy, Yi Weili stated in the "Statement on the Meaning of the "Nose Bone Fracture" Chapter" that he personally believes that after the bone suture has healed, due to external force The effect leads to a certain degree of separation or dislocation, which can be regarded as a fracture in the identification; if a fracture of the frontal process of the maxilla is accompanied by the separation of the free part of the process on the ipsilateral side from the nasal suture, it is actually accompanied by a fracture injury Phenomenon, it should not be used in two places for one fracture; if the contralateral or other part of the maxillary frontal process fracture on one side, the nasal suture separation due to injury occurs, it can be regarded as a fracture during identification.
Professor Li Songbai, the author of "Medical Imaging" and the director of the Radiology Department of the First Affiliated Hospital of China Medical University, stated in the lawyer’s investigation transcript that the separation of the nasal suture is written below the nasal bone fracture, which does not mean that the separation of the nasal suture is a nasal bone fracture. Separation itself is not a fracture."
After these two written materials were submitted to the Kaifeng City Intermediate People's Court, on July 17, 2017, the court ruled that the facts of the original first-instance judgment were unclear, revoked the original first-instance judgment and remanded it for retrial.
After three years, Ma Xian was medium to the result.
On August 31, 2020, the Tongxu County Court issued a criminal with civil judgment (2019) Yu 0222 Xing Chu No.556.
The judgment stated that the defense and defense opinions on which the expert opinion cannot be used as the basis for the verdict shall be accepted.
The defense and defense opinions that the defendant was not beaten were inconsistent with the found facts and were not accepted.
The opinion that the defendant is a legitimate defense, after investigation, both parties have subjective intentional beatings and are not defensive, and this is not accepted.
The verdict showed that the defendant Ma Xianzhong was not guilty, and he was sentenced to compensate Ma Shuqin for medical expenses and nursing expenses of RMB 4061, and to pay Ma Shuqin in a lump sum within ten days from the effective date of the judgment.
Ma Xianzhong, who appealed for more than four years of the innocence verdict, expressed his gratitude to the county court for sticking to the bottom line and upholding fairness and justice, and also to the lawyers, legal experts and media reporters who cared about this matter.
The Paper Journalist Lu Xinwen