"The playground buried corpse case" shocked the whole country. The procuratorate quickly got involved in the investigation after learning the clues of the murder, checked the evidence, and improved the evidence chain-
Handle the prosecution link of the "ground burial case"
On January 20, 2020, in accordance with the death penalty order issued by the highest law, the Intermediate Court of Huaihua City, Hunan Province executed Du Shaoping, a criminal who deliberately murdered a murderer in the playground, according to law. On April 3, the Huaihua Intermediate Court adopted a remote video sentence to conduct a second-instance judgment on the crime of malfeasance of the relevant public officials in the case, ruling to dismiss the appeals of 9 appellants, including Huang Bingsong and Yang Xuewen, and upheld the original judgment.
The "Playground Burial Case" is a major case handled by the National Anti-Corruption Office, the Supreme People's Procuratorate and the Ministry of Public Security. The case was guided by the Hunan Provincial Procuratorate's ad hoc guidance team throughout the entire process. The Procurator-General of Hunan Procuratorate Ye Xiaoying and the Deputy Procurator-General Yin Shibo successively went into front-line dispatching and commanding 11 times, and tried their best to handle the series of "burial corpse cases in the playground" according to law. The 24 persons involved (including 10 public officials) in this case were sentenced to fixed-term imprisonment and above.
Early intervention
Put forward nearly 4D supplementary suggestions
In April 2019, the public security organs investigated the criminal gangs involved in the crimes committed by Du Shaoping in Xinhuang County, Hunan Province on the basis of suspected illegal detention, gathering and fighting. After more than two months of interrogation, Du Shaoping and Luo Guangzhong confessed to the crime of killing Deng Shiping and burying his body.
Since June 18, 2019, the public security organs have organized the excavation of the suspected burial site of the 400-meter track and field in Xinhuang No.1 Middle School. The Xinhuang County Procuratorate sent staff to participate in the supervision throughout the morning. A corpse. DNA testing confirmed that the body was Deng Shiping, who was missing in 2003.
It has been 16 years since the murder, the scene of the crime has ceased to exist, some physical evidence could not be found, and many witnesses have passed away, making it difficult to collect and fix evidence. Most of the persons suspected of duty crimes are criminal investigators and have strong anti-investigation capabilities. A small number of personnel have also entered into an offensive and defensive alliance, making it difficult for confession to break through. These circumstances have brought serious challenges to the prosecution's allegations of crime.
The Hunan Procuratorate and the Huaihua Procuratorate sent a special team to the case at the investigation stage to conduct a synchronous review of the relevant facts and evidence of the case, and worked with public security organs on the direction of evidence collection, evidence standards, subjectively knowingly determined, evidence collection scope, evidence collection procedures and other difficulties Communicate issues in a timely manner, and guide public security organs to conduct comprehensive investigations and obtain evidence. Within one week of the first advance intervention of the public prosecution department of the procuratorial organ, a proposal for supplementary evidence with nearly 10,000 words in 8 aspects was proposed, covering 41 questions and suggestions. The ad hoc group conducts a simultaneous review of evidence such as confessions of criminal suspects obtained by the public security organs, so that the reviewing evidence and the reinforcing evidence are synchronized, and the procuratorial organ’s research case is synchronized with the investigation organ’s communication, ensuring a fast and smooth investigation of the entire case.
On September 2, 2019, the task force of the Huaihua City Procuratorate once again entered the municipal public security bureau to intervene in cases of homicides and criminal syndicates in advance. The ad hoc group insisted on moving forward, strictly reviewing the evidence with the standard of prosecution, and guiding the investigation, so as to review, make recommendations, correct errors, and make up for the evidence. The ad hoc group put forward written suggestions for the problems discovered at the first time, and the public security organ actively adopted and arranged for implementation. By intervening in advance and solving the problem at the investigation stage, the time for review and prosecution has been greatly shortened, the efficiency of litigation has been improved, and a solid foundation has been laid for the smooth conduct of litigation activities.
11 days of hard work
Improve the court plan
In the case where the public security organ planned to transfer the case for review and prosecution, the procuratorial organ made relevant preparations in advance: reviewed the evidence of the whole case, reviewed all the synchronous audio and video recordings of the interrogation of the public security organ, and arranged 5 detention stations for prosecution The office conducted conversations about the legality of evidence collection with criminal suspects in custody, formed a transcript and produced synchronized audio and video recordings. In response to the legality of the confessions obtained in the case, a special person was arranged to conduct a comprehensive review of the 155 interrogation synchronous audio and video recordings, which lasted more than 700 hours. The interrogation transcripts were compared with the synchronous audio and video recordings one by one, and a special review report was formed.
On November 22, 2019, the Huaihua City Procuratorate prosecuted a total of 14 defendants for the deliberate murder of Du Shaoping and Luo Guangzhong and their criminal syndicates. After the case was prosecuted, the Procuratorate of the Provincial Procuratorate set up the Huaihua Procuratorate and worked together with the Huaihua Procuratorate and the prosecutor handling the case for 17 consecutive days, working until 4 a.m. every day, repeatedly discussing, revising, and optimizing all aspects of court appearance. Good preparations. During the court trial, the Huaihua City Procuratorate produced a PPT, using multimedia for demonstration, directly displaying the confession of the criminal suspect, the site of the corpse excavation and the identification opinions. In addition, relevant videos were broadcast on the court trial site, making the court trial demonstration more intuitive and clear.
From December 17th to 18th, 2019, the Huaihua Intermediate Court heard the case and pronounced it in court for the crimes of intentional homicide, crime of intentional injury, crime of provoking trouble, illegal detention, crime of gathering together, assault and forced trading. Punished, sentenced to death by Du Shaoping, deprived of political rights for life, and fined 500,000 yuan; sentenced Luo Guangzhong to death for intentional homicide, suspended for two years, deprived of political rights for life; 12 other members of the criminal group of Du Shaoping’s evil forces were respectively Sentenced to imprisonment ranging from eight years to one year.
After the verdict in the first instance, Du Shaoping and 8 defendants appealed. The Hunan Provincial High Court opened a public hearing on January 6, 2020 to hear the appellants Du Shaoping and Luo Guangzhong's intentional homicide case, and to conduct a written trial of the criminal facts of the other appellants and the defendants in the original trial. In the second instance, Yin Shibo personally appeared in court as the second instance prosecutor and played a leading role in demonstration. On January 10, the Hunan Provincial High Court sentenced in second instance, ruling to dismiss the appeals of 8 defendants, including Du Shaoping and Luo Guangzhong, and upheld the original judgment in the entire case.
Persons involved
Can't run away
The Huaihua City Procuratorate cooperated with the Huaihua City Commission for Discipline Inspection and Supervision to complete a thorough investigation of the suspected dereliction of duty by 10 public officials, including Jiang Aiguo, and took investigation and investigation measures combining external evidence collection and confession breakthroughs. The case was cracked by taking three key links: “The instructions of the superior to order excavation of the playground were not implemented, the original case handling unit delayed the blood stains extracted from the site investigation, and the relevant facts and key evidence were concealed in the written report materials.” Qualitative, prosecution and other key issues. At the same time, the court actively cooperated with the supervision and investigation work of the supervisory committee, and decided to take criminal detention, arrest and other compulsory measures and filed a public prosecution for the five persons involved in the prosecution transferred by the supervisory committee within the legal period. In November 2019, under the jurisdiction of the Huaihua City Procuratorate, the Jingzhou County Procuratorate prosecuted 10 defendants in 3 cases.
From December 24 to 26, 2019, the Jingzhou County Court opened the case to hear the case. He was sentenced on December 30, and Yang Jun and Huang Bingsong were sentenced to 15 years in prison for favoritism, and 8 other public officials, including Deng Shuisheng, Liu Hongbo, Yang Xuewen, and Jiang Aiguo, were sentenced to 10 for the crime of favoritism and negligence. Term of imprisonment ranging from four to seven years.
Cao Yufang