Yunnan man was acquitted after serving 26 years in prison and now applies for state compensation of more than 11 million yuan
After serving 26 years in prison, He Xueguang, a man from Mile County, Yunnan, was acquitted.
This afternoon, He Xueguang has submitted the "Application for National Compensation", applying for more than 11 million yuan in national compensation, and demanded a public apology from the compensatory agency and the undertaker of the original case.
Beijing News (trainee reporter Zhou Siya) After serving 26 years in prison, He Xueguang, a man from Mile County, Yunnan, was acquitted.
Earlier, He Xueguang was sentenced to life imprisonment for being charged with intentional homicide.
On November 18, He Xueguang’s attorney told the Beijing News reporter that this afternoon, He Xueguang had submitted the "State Compensation Application" for more than 11 million yuan in state compensation, and demanded a public apology from the compensatory agency and the original case undertaker.
This afternoon, He Xueguang and his family went to the Litigation Service Center of Yunnan Higher People's Court to apply for state compensation.
Photo courtesy of respondents
Charged with intentional homicide sentenced to life
Twenty-six years ago, He Xueguang, then 24, was charged with intentional murder.
The prosecution accused He Xueguang of being stoned by people from Lese Village in Mile City (formerly Mile County), causing revenge.
On April 2, 1994, He Xueguang carried the bundled explosives and a flashlight towards Lese Village. He found someone walking on the opposite side. He believed that it was from Lese Village. He immediately lit the fuse with a match and (the explosive) came to the opposite side. Throw it away and blow it up on the spot.
The verdict showed that the above facts were confirmed by evidence such as witness testimony, identification transcripts, on-site investigation transcripts, autopsy reports, 1 matchstick, and the defendant’s confession and defense.
In December 1995, the Honghe Prefecture Intermediate People's Court held that He Xueguang ignored national laws and used explosives to kill others in retaliation. His actions constituted intentional homicide, and he was sentenced to life imprisonment and deprived of political rights for life.
After the judgment of the first instance, He Xueguang refused to accept the judgment and filed an appeal.
In April 1996, the Yunnan Provincial Higher People's Court ruled to reject the appeal and uphold the original judgment.
The complaint claims that the case has insufficient evidence
During his sentence, He Xueguang always refused to plead guilty and continued to file complaints.
Attorney He Xueguang told the Beijing News reporter that after combing through the evidence in the case, he found that the evidence in the case was insufficient and the facts were not clear enough.
After recollecting the evidence, on May 20, 2008, He Xueguang submitted a criminal complaint to the Yunnan Provincial Higher Court.
The complaint showed that He Xueguang believed that he had no time to commit the crime, and the investigator did not investigate and collect evidence from the witness who proved He Xueguang was not present; the investigator extracted a matchstick from the crime scene, but did not fingerprint the matchstick and applied for the match. Stem fingerprint identification.
In addition, the confession in the case was that He Xueguang was forced to plead guilty after 4 days and 5 nights of interrogation. Other objective evidence was insufficient to prove He Xueguang's crime.
He Xueguang made two petitions in the petition, revoking the judgments of the first and second instance, and amended his innocence.
On November 12, 2018, the Yunnan Provincial Higher People's Court issued the retrial decision of the case.
The decision document shows that He Xueguang, the defendant in the original trial, appealed to the court against him.
The court held that the evidence on which the conviction and sentencing was based in this case is unreliable and inadequate, and should be ruled out in accordance with the law. The court will form a separate collegial panel to conduct a retrial.
Retrial decision letter.
Source Judgment Document Network
Retrial acquitted and filed for state compensation today
On September 23 this year, the Intermediate People's Court of Honghe Prefecture made a new judgment.
The verdict showed that the original trial found that He Xueguang used explosives to blow up the victim on April 2, 1994. The facts are unclear and the evidence is insufficient, so it is not confirmed.
The court held that the only direct evidence charged by the original public prosecution agency was He Xueguang's confession of guilt.
Other evidence in the case, such as on-site investigation records, autopsy identification conclusions, witness testimony, etc., can only prove the time, place, consequences of the case, and He Xueguang's knowledge of blasting technology and possession of explosives and other items, but cannot confirm the fact that He Xueguang intentionally killed someone.
In addition, He Xueguang's guilty confession was made after a long and exhausting interrogation. The confession was unstable. After being transferred to the prosecutors for review and prosecution, the guilty confession made was overturned. The authenticity and legality of his guilty confession are doubtful and cannot be regarded as a determination of He Xueguang. The basis for intentional homicide.
Therefore, the Intermediate People's Court of Honghe Prefecture held that the original public prosecution agency accused He Xueguang of intentional homicide with unclear facts and insufficient evidence, and the accusation could not be established. After the trial committee discussed and decided, the defendant He Xueguang was not guilty.
On November 18, the lawyer representing the He Xueguang case told the Beijing News reporter that at 15:00 today, He Xueguang submitted the "State Compensation Application" to the Yunnan Provincial Higher People's Court, and applied for compensation for infringement of personal liberty, mental damage compensation, etc. The total cost is more than 11 million yuan, and the compensatory agency and the original case undertaker are required to publicly apologize and restore reputation, so as to eliminate the negative impact of the wrong judgment.