4. The security guard was detained for eight months due to an incorrect identification of his injuries, and was compensated by the state after he was not prosecuted
Hainan’s four security guards have been detained for 239 days due to incorrect identification of injuries.
Liu Lizhong, one of the security guards involved, said on January 9 that he and the three other security guards who had been wrongfully detained had all been compensated by the state. The police had filed a case against the main personnel suspected of falsely accusing the four people and they had made a mistaken identification of serious injuries. The forensic doctor filed a complaint.
Shareholders' audits trigger a fight
Although more than two years have passed, Liu Lizhong, a security guard of Hainan Tianmao Investment Co., Ltd. (hereinafter referred to as Hainan Tianmao Company), still remembers the conflict that led to his wrongful detention.
The conflict occurred at 9 am on September 27, 2018. On that day, Hainan Tianmao's shareholder Zhang Xuecheng took Tong Shengjun, Wang Wentao, Li Yan and others to the Hainan Tianmao Company in Jiefang Road, Tianya District, Sanya to check the accounts.
During the period, Zhang Xuecheng had a dispute with Zhao, the general manager of the company, and called the police. The police took Zhang Xuecheng and Zhao to the police station to find out the situation.
Because Tong Shengjun, Wang Wentao, Li Yan and others remained at the scene, Liu Lizhong and the other three security guards Yue Hongqiang, Huang Dejun, and Wang Xuedong demanded that Tong Shengjun and others leave.
Subsequently, the two sides quarreled and triggered a fight.
The "Criminal Compensation Decision" issued by the Sanya Suburban Procuratorate of Hainan Province shows that during the fight between the two parties, Liu Lizhong picked up a tile from the fire escape and hit it on Tong Shengjun's head, causing the tile to break.
Tong Shengjun also slapped Liu Lizhong, Yue Hongqiang and others with black iron plates.
Liu Lizhong and Yue Hongqiang once again hit Tong Shengjun's head with broken tiles, and Tong Shengjun's head bled on the spot.
After the two parties stopped, the police from the Xinfeng Police Station of the Tianya Branch of the Sanya City Public Security Bureau came to the scene to bring both parties back.
A minor injury becomes a serious injury, eventually a minor injury
Liu Lizhong said that the direct cause of their wrongful detention stemmed from the strange judicial evaluation results.
The appraisal materials obtained by The Paper show that the first appraisal result was issued on October 11, 2018, and the issuing unit was the Judicial Appraisal Center of Sanya City Public Security Bureau.
The "Notice of Forensic Medical Examination of Live Injury" issued by the center stated that "forensic doctors diagnosed according to the initial examination and related clinical medical examination reports, and Tong Shengjun was a minor injury." However, the notice also stated that "forensic medical practitioners undergo medical treatment. After the termination, review and consultation, and issue a formal identification certificate based on the objective condition of the injury and functional recovery."
Before the injury appraisal report was made, on October 12, 2018, four security guards from Liu Lizhong were criminally detained on suspicion of provoking disturbances.
On October 15 and November 4, 2018, the Judicial Appraisal Center of the Public Security Bureau of Sanya City issued the "Forensic Human Injury Degree Appraisal" for Wang Wentao and Tong Shengjun respectively. Wang Wentao was identified as a minor injury; Tong Shengjun was due to a depressed skull fracture or a comminuted fracture , Its damage is rated as serious injury grade II.
The two forensic doctors were Chen Chunwei and Wang Yujun.
The day after the injury report was made, with the approval of the Sanya Suburban Procuratorate, the Tianya Branch of the Sanya Public Security Bureau arrested four security guards Liu Lizhong on suspicion of intentional injury.
On January 8, 2019, the Tianya Branch of the Sanya Public Security Bureau ended its investigation and transferred the four Liu Lizhong suspects of intentional injury to the Suburban Procuratorate for prosecution.
Qi Guiling, wife of Cao Bo, the legal representative of Hainan Tianmao Company, told The Paper that because the company’s surveillance video clearly recorded that Tong Shengjun’s forehead was dented before the fight between the two parties, it was not caused by the company’s security assault. Therefore, the company is constantly reporting to the relevant departments at the same time. , And also applied for a new injury appraisal.
On May 7, 2019, the Tianya Branch of the Sanya Public Security Bureau commissioned the Physical Evidence Appraisal Center of the Hainan Provincial Public Security Department to re-appraise Tong Shengjun’s injuries.
On May 24, 2019, the Physical Evidence Appraisal Center of the Hainan Provincial Public Security Department issued an identification conclusion stating that although the inspections showed depressed changes (fractures) on the left side of the skull group, there was no obvious swelling of the scalp in the corresponding skull depression, and the intracranial depression was adjacent The brain parenchymal density was not abnormal, there were no signs of hemorrhage, and it did not conform to the imaging changes in a short time after the forehead was subjected to a large external force and caused a depressed fracture.
Therefore, it was determined that the depressed change (fracture) of the left frontal bone had existed before the injury on September 27, and there was no pathological change aggravated by this trauma.
The Physical Evidence Appraisal Center of the Public Security Department of Hainan Province, through other tests, finally determined that the forehead bruises caused by Tong Shengjun's trauma were minor injuries.
After the prosecution "no prosecution", the four security guards received state compensation
After Hainan Tianmao Company submitted the identification materials of the Hainan Provincial Public Security Department's Material Evidence Appraisal Center to the relevant case-handling unit, on June 7, 2019, Liu Lizhong, Wang Xuedong, Huang Dejun, and Yue Hongqiang were released on bail pending trial by the Tianya Public Security Bureau.
So far, 4 people have been detained for nearly 8 months, totaling 239 days.
On July 9th of the same year, the Sanya Suburban Procuratorate issued a "Not Prosecution Decision" to Liu Lizhong.
It stated that the court believed that the criminal facts determined by the Tianya Public Security Bureau were unclear and insufficient evidence was insufficient to determine that the non-indicted person’s behavior was causally related to the victim’s serious injury and did not meet the conditions for prosecution. Prosecute.
Liu Lizhong said that after obtaining the "Not Prosecution Decision", the four of them decided to apply for state compensation to the suburban prosecutor's office and pursued the legal liabilities of Zhang Xuecheng and Tong Shengjun, who falsely accused the four people.
The Paper learned from Liu Lizhong that on October 23, 2019, the Suburban Procuratorate issued a "Criminal Compensation Decision" for Yue Hongqiang, Wang Xuedong and him, and compensated the three of them for 75,509.66 yuan for wrongful arrest and violation of personal freedom.
On October 28, 2020, Huang Dejun received 82873.25 yuan in state compensation.
The four people's demands for compensation of 50,000 yuan for mental damage, an apology, and elimination of the impact were not supported.
Liu Lizhong said that after their accusation, the Tianya Branch has filed a case for investigation of Tong Shengjun's alleged false accusation.
On December 16, 2020, the family of Cao Bo, the legal representative of Hainan Tianmao Company, also received from the Sanya City Public Security Bureau the "Notice of Registration" that shareholder Zhang Xuecheng was filed for investigation. The suspected crime was embezzlement.
(This article is from The Paper. For more original information, please download the "The Paper" APP)
The Paper Journalist Xie Yinzong