On December 31, a joint investigation team of the Tangshan Municipal Committee of Political Science and Law released a report on the death of the suspect in custody,113 days after the death of Hebei businessman Zhou Guanghua. The previous day, the People's Procuratorate of Tangshan City had replied to the criminal complaint against his family \"not to file a case \".
Since June 4,2018, Zhou Guanghua has been detained in the first detention center of Tangshan City on suspicion of duty embezzlement, bribery. In the meantime, because the pulmonary tuberculosis of the year is not completely cured, begin to appear cough, expectoration, cough blood phenomenon one after another. In response to its physical condition, Tangshan City's first detention center in a period of more than a year, four times to the case unit Yutian County Procuratorate, Yutian County Court to change the mandatory measures, but until September 5,2019 received a reply to agree to the change, Zhou Guanghua in the \"respiratory heartbeat stop, double pupil light reflection disappeared\" state, in the hospital coma three days later died.
Regarding the situation that the 4 times applied for the change of compulsory measures was not approved, the investigation report thought: on September 28,2018, Tangshan looked at the Yutian County Public Security Bureau to apply for the change of Zhou Guanghua compulsory measures, because the case has entered the procuratorial organ review and prosecution stage, so the Yutian County Public Security Bureau did not accept it. The next day, Tangshan looked at the phone to Yutian County Procuratorate proposed to change Zhou Guanghua coercive measures, due to no written application, Yutian County Procuratorate did not reply.
On November 20,2018, Tangshan sent a written \"Zhou Guanghua's illness statement\" to the Yutian County Court, and Zhou Guanghua's family filed a bail application to the Yutian County Court on November 27,2018. Yutian county court commissioned the city court judicial technical office appraisal. On January 4,2019, Tangshan re-issued a written statement on Zhou Guanghua's illness at the same time as it was required to make up Zhou Guanghua's recent medical records for the appraisal to the Yutian County Court.
On 30 January, according to the conclusion of Tangshan Workers Hospital, entrusted with medical identification,\" hemostasis, bronchoscopy after hemoptysis control to further clarify the diagnosis \", the judicial technical office of the Municipal Intermediate people's Court issued a conclusion \"symptomatic treatment, after the condition is stable review\" of the \"medical diagnosis review opinion \".
On march 25, the yutian county court made a decision not to change zhou guanghua's mandatory measures according to the \"medical diagnostic review opinion \", and told the family members and tangshan a look. Investigation report that the Yutian County Court informed the process is too long, work style slack.
On Tangshan to see the police, resident doctors to carry out their duties, the investigation report: Tangshan police in the early morning of September 5,2019 from the infirmary to send Zhou Guanghua back to the prison room, due to the door, the car has no handrails, so pedal flat car help, there is no kick problem, but there is a language uncivilized problem. The resident doctor treats Zhou Guanghua with bad attitude.
The investigation found that the case handlers and leaders of the Yutian County Procuratorate and the Yutian County Court had non-standard behavior in their work, but there was no problem that the compulsory measures should not be changed, and it was not in accordance with the constitutive elements of the crime of abuse of power.
Responsible leadership and specific responsible persons have been identified and held accountable for non-standard and uncivilized issues in the law enforcement and judicial activities of the case-handling organs. Among them, the former director of the technical office of the Municipal Intermediate People's Court and the Vice-President of the Yutian County Court were admonished and talked; the police in Tangshan were given a warning within the Party; the medical examiner of the technical office of the Municipal Intermediate People's Court and the judge sponsored by the Yutian County Court were warned and punished; and the doctor of the resident office of Tangshan first-view staff and the deputy chief procurator of the Yutian County Procuratorate and the two contractors were seriously criticized and educated. At the same time ordered Tangshan to see the director, political commissar to make a profound inspection.
On December 30, Zhang Jian, head of the fifth department of the Tangshan Municipal Procuratorate, and Cui Ping, chief procurator of the tenth part of the Tangshan Municipal Procuratorate, and other three people formally sent a reply to Wang Gang, the son of Zhou Guanghua, in Qian'an Municipal Procuratorate, and explained the reason for not filing the case, arguing that \"there is no criminal fact and does not meet the conditions for filing the case.\"
Zhang Jian informed the family that after the investigation, the Yutian County Procuratorate did not receive the information of the illness submitted by the detention center and the application for bail pending trial, and said that the case had been transferred to the court on October 15,2018.
According to Tangshan a look to provide \"with the case unit contact registration form\" records, Tangshan a look to the Yutian County Procuratorate to submit Zhou Guanghua's illness statement on September 29,2018, the time before the transfer of the case to the court half a month.
Zhang told zhou guanghua's family that the yutian county court had received a statement of zhou guanghua's illness from tangshan two times and an application for change of coercive measures on the grounds that zhou guanghua was \"suffering from a serious illness and unable to take care of himself \". However, applications for bail pending trial with serious illness require medical identification. Tangshan hospital issued a medical consultation appraisal opinion: zhou guanghua does not meet the conditions for medical treatment. Mr Zhang said the situation was notified by telephone on April 12,2019, to Mr Wang and Mr Tangshan.
What does not accord with this information is, Tangshan looks before to the family many times reply, regarding Zhou Guanghua's change compulsory measure's first three times application, the detention center did not receive any reply from the case handling unit.
Wang gang also made his own puzzle about \"applying for bail pending trial for serious illness \", noting that\" the decision made by the yutian county court to change the coercive measures on september 5th did not make any determination \".
Zhang Jian explained that the identification of \"suffering from serious diseases\" is currently prescribed, but the criteria are not clear. Serious to what extent it is serious, which in practice there is no detailed identification criteria.
As for the prevailing situation in our country, it was once known to journalists from a number of domestic criminal lawyers that the detention centre was the first contact of the persons in custody, and that, as long as the detention centre considered that the physical condition of the persons in custody was not suitable for continued detention and issued a statement of the situation, the unit responsible for handling the case would generally change its coercive measures soon after verification to ensure the safety of the persons in custody.
In the criminal complaint, Wang Gang believes that Li Yutian, a prosecutor of the Yutian County People's Procuratorate in Tangshan City, Hebei Province, and Liu Ming, a chief procurator, failed to make timely and clear treatment of the request for a change in compulsory measures submitted by the first detention center in Tangshan City, which was the main cause of Zhou Guanghua's failure to get effective treatment. The prosecution of the four persons is therefore suspected of constituting a crime of abuse of authority.
Zhang Jian explained that Zhou Guanghua's condition was relatively stable in the first half of 2019, and that the court did not change the compulsory measures and Zhou Guanghua's death result did not have the causal relationship in criminal law. Therefore, the presiding judge has no abuse of power, ``and there is no criminal fact, does not meet the conditions for filing, and decides not to file a case'' .
(The report on the investigation into the death of Chow Kwong Wah was published and the family will review the criminal charges)(for more original information, please download the \"News of the Tide\" app)