How long is the wound?The exceeded 0.5 cm determines the qualitative and final direction of the case

The stalls, the on -site knife, the wounds that were opened ... a series of cases of cases showed that Jingmou was suspected of intentionally hurting the case, but the key evidence turned the case on both sides of the case. The prosecutor of the Prosecutor's Office of the Procuratorate of Xiangyang High -tech Industrial Development Zone in Hubei Province took the initiative to review and judge the appraisal opinion, giving a conclusion that both parties involved in the case.

On May 22, the hospital's case management department conducted a quality evaluation of the case. Views by phone, the two parties and lawyers were satisfied with the results of the case.

Someone in the fight is scratched

On the afternoon of July 8, 2019, Bai, who was driving a motorcycle back to the market, found that the booth he wanted to occupy was gone. Bo, who felt bullied, came to the tofu stalls operating at the stall, advocating a theory with the stall, and Li Mou, who accompanied Bai, also joined the quarrel.

The three could not be arguing, and the "smell of gunpowder" was getting stronger and stronger. Subsequently, Zhang's husband Jing Moumou also joined the fight with his son Jingmou.

During the chaos, Li's arm suddenly blood flowed. At this time, Jing Mou, holding a knife, panicked, and then took a motorcycle to take Li Mou away.

According to summoning, all the people involved in the case of Jingmou, Bai, and other cases were all available. After investigation, the police found out that the incident had passed, but the two parties involved in the case were in the "tug -of -war" for more than a year around Li's injury identification opinion.

Repeatedly identified injuries

After the incident, Li went to the hospital for treatment. In August 2019, after identifying the local judicial appraisal center, Li's right arm was injured. After receiving the appraisal, Li refused to sign on the "Notice of Injury Appraisal Opinions", and asked questions about the length of the identification of the length of the trauma, the injury of the sports organs, and the lack of the later recovery evaluation, and requested re -identification.

Subsequently, the public security organs sent relevant materials to the Hubei Provincial Public Security Judicial Appraisal Center for re -appraisal. In December 2019, the appraisal center stated that there was no objection to the original appraisal opinions and believed that there was no need to re -appraisal. After receiving this conclusion, Li still refused to sign and strongly demanded re -appraisal.

Due to the epidemic, in June 2020, the public security organs hired a forensic judicial appraisal room in Hubei to identify Li's damage. In July, the experts hired by the appraisal agency were approved to make an appraisal opinion of Li's damage to the second level of minor injuries. The public security organs immediately filed a criminal case in Jing by the crime of intentional injury.

However, Jingmou refused to sign the appraisal opinion.

Explore more accurate conclusions

In September 2020, the Procuratorate of the High -tech Zone received a legal document from the public security organs to ask Jing to approve the arrest. Two different injuries appraisal in the dossier attracted the attention of the prosecutor of the case. Due to the "unclear facts and insufficient evidence" in the injury appraisal work, the High -tech Zone Procuratorate did not approve Jingmou.

"Is it mild injury? Or the second level of minor injuries? This issue involving crimes and non -sin must be checked." During Jingmou's bail pending trial, the prosecutor handling the case did not passively wait for the public security organs to continue investigating. In August 2021, the prosecutor handling the case applied for technical evidence review for the superior procuratorate. In September, the Municipal Procuratorate issued a technical evidence review opinion.

Through the review of the two appraisal opinions, the prosecutor handling the case confirmed that the different identification results were likely to be caused by the different identification methods: the injury identification of the public security organs was to conduct a number of sections of the wound, and then the starting point of each wound of each paragraph, and the starting point of each wound. Make a straight line measurement, and finally accumulate the measurement data, calculate the length of the wound of 9 cm; the method adopted by a forensic judicial appraisal room in Hubei is to use a certain texture cotton line to compare along the scar of the wound, and then use the standard black ruler to perform the length of the cotton line with a standard black ruler. Measted, the length of the wound scar was 10.5 cm.

According to the "Appraisal Standards for Human Body Investigation", whether the length of the body table or the length of scar reaching 10 cm is the boundary between sin and non -crime. This beyond 0.5 cm determines whether Jingmou constitutes a crime. After the joint review and demonstration of the case -handling staff of the two -level procuratorial organs, it was decided to accept the opinions of the judicial appraisal room in a forensic doctoral medical appraisal in Hubei. Subsequently, the prosecutor handling the case explained the reason for the acceptance to Jingmou and his defense lawyer at the scene.

In October 2021, the procuratorial organs urged the public security organs to transfer the review and prosecution; in December, the public security organs transferred the case to the review and prosecution. In the end, Jing Mou accepted the results of the appraisal, voluntarily confessed to the crime of intentional injuries, and compensated Li Mou 60,000 yuan to obtain understanding. In February this year, the procuratorate decided not to sue Jing.

"The exceeding 0.5 centimeters determine the qualitative and final direction of the case. If it is not verified, the two parties cannot let the case be taken orally for the case, and the role of social contradictions can be discussed through the case handling." The prosecutor handling the case told reporters.

(Source: Procuratorial Daily Author: Dai Xiaowei Gao Junwei Liu Ying)

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