China News Service, Shenyang, December 24 (Wang Jingwei) On December 24, the Liaoning Higher People's Court issued a public sentence on the retrial of the original trial defendant Han Xianhui's intentional murder.

After the trial, it was found that Han Xianhui was guilty of intentional homicide with unclear facts and insufficient evidence. The original judgment was revoked and Han Xianhui was acquitted.

　　It is understood that in the case of the defendant Han Xianhui's intentional homicide, the Tieling Intermediate People's Court of Liaoning Province sentenced Han Xianhui to life imprisonment for intentional homicide and deprived of political rights for life. Han Xianhui refused to accept the case and filed an appeal. The Liaoning Higher People's Court upheld the original judgment.

　　After the judgment became legally effective, the Supreme People's Court instructed the Liaoning Higher People's Court to retry the case on November 2, 2006. On September 1, 2008, the Liaoning Higher People's Court upheld the original judgment.

On December 13, 2018, the Liaoning Provincial People’s Procuratorate put forward a retrial prosecution proposal, suggesting that the Liaoning Provincial Higher People’s Court retrial the case in accordance with the trial supervision procedures. The Liaoning Provincial Higher People’s Court decided to retry the case after discussion by the trial committee.

　　Re-examination revealed: At about 20 o'clock on August 12, 1998, Mu XX (female, 24 years old) and former colleague Han Xianhui, a resident of Yinzhou District, Tieling City, went out to meet and separated.

On the morning of August 13, 1998, Mu and her husband Dong wanted to go through the divorce procedures, but they were persuaded by Mu's younger brother, Mu Wei.

At about 11 o'clock, Mu Moumou sent Mu Moumou home.

At 19:00 on the same day, the 110 Command Center of Tieling Public Security Bureau received a report from Dong Moumou that "the lover committed suicide."

Public security personnel rushed to the scene and found that Mu was dead.

　　The retrial held that the authenticity and legality of the guilty confession of the defendant in the original trial, Han Xianhui, were doubtful and could not be used as a basis for a verdict in accordance with the law.

In this case, apart from Han Xianhui’s guilty confession, there is no direct evidence to prove that Han Xianhui committed the act of killing Mu, and indirect evidence cannot form a complete and closed chain of evidence.

Therefore, the original verdict based on the conviction evidence did not meet the credible and sufficient statutory standard of proof, and the fact that Han Xianhui was found guilty of intentional homicide was unclear and insufficient evidence.

After discussion and decision by the Judicial Committee, the Liaoning Higher People’s Court (2007) Liao Shen Xing Zhong Zai Zi No. 1 Criminal Order, (2003) Liao Xing Yi Zhong Zi No. 622 Criminal Order and Tieling Intermediate People’s Court (2003) Tie Xing Yi Zhong Zi No. 3 criminal case was accompanied by a civil sentence, and Han Xianhui was acquitted.

　　After the verdict was pronounced, the Higher People's Court of Liaoning Province informed Han Xianhui that he could apply for state compensation in accordance with the law.

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