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女商人周广华死亡事件调查报告公布,家属将就刑事控告提复议
2020-01-08 00:27  www.ypublico.com

在河北女商人周广华死亡113天后,12月31日,唐山市委政法委联合调查组公布了该起在押嫌疑人死亡事件的调查报告。此前一天,唐山市人民检察院对其家属提出的刑事控告,已回复“不予立案”。

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 \".

从2018年6月4日开始,因涉嫌职务侵占罪、行贿罪,周广华被羁押于唐山市第一看守所。其间,因常年患有的肺结核病未彻底治愈,开始陆续出现咳嗽、咳痰、咳血现象。针对其身体状况,唐山市第一看守所在长达一年多的时间里,先后4次向办案单位玉田县检察院、玉田县法院提出变更强制措施建议,但直至2019年9月5日收到同意变更的回复时,周广华已处于“呼吸心跳停止,双瞳孔对光反射消失”的状态中,在医院昏迷三天后死亡。

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.

关于4次申请变更强制措施未批的情况,调查报告认为:2018年9月28日,唐山一看向玉田县公安局申请变更周广华强制措施,因案件已进入检察机关审查起诉阶段,故玉田县公安局未受理。次日,唐山一看电话向玉田县检察院建议变更周广华强制措施,因无书面申请,玉田县检察院未予回复。

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.

2018年11月20日,唐山一看向玉田县法院发出书面《周广华患病情况说明》,同月27日周广华家属向玉田县法院提交了取保候审申请。玉田县法院委托市中院司法技术室鉴定。2019年1月4日,唐山一看根据要求向玉田县法院补交鉴定所需周广华近期病历的同时,再次发出书面《周广华患病情况说明》。

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.

1月30日,依据受委托作医学鉴定的唐山市工人医院“止血,待咯血控制后行支气管镜检查进一步明确诊断”的结论意见,市中院司法技术室出具了结论为“对症治疗、病情稳定后复查”的《医学诊断审查意见》。

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 \".

3月25日,玉田县法院依据该《医学诊断审查意见》作出不予变更周广华强制措施的决定,并电话告知家属和唐山一看。调查报告认为,玉田县法院告知程序过长,属工作作风懈怠。

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.

关于唐山一看民警、驻所医生履职行为的问题,调查报告认为:唐山一看民警在2019年9月5日凌晨从医务室送周广华回监室过程中,因门口有门坎,车没有扶手,于是脚蹬平板车助力,不存在脚踢问题,但存在语言不文明问题。驻所医生给周广华治疗时,存在态度不好的问题。

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.

调查认为,玉田县检察院和玉田县法院的办案人和主管领导,在工作中有不规范的行为,但不存在应该变更强制措施未变更的问题,不符合滥用职权罪的构成要件。

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.

对办案机关执法司法活动中不规范、不文明问题,已逐一确定责任领导和具体责任人,并进行问责。其中,对市中院技术室原主任和玉田县法院分管副院长予以诫勉谈话;对唐山一看民警予以党内警告处分;对市中院技术室法医和玉田县法院主办法官予以警告处分;对唐山一看驻所医生、负责办文办电的唐山一看工作人员和玉田县检察院主管副检察长及两名承办人予以严肃批评教育。同时责令唐山一看所长、政委作出深刻检查。

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.

12月30日唐山市检察院第五部负责人张健、唐山市检察院第十部崔平检察官等一行3人,在迁安市检察院正式向周广华之子王刚送达了回复,并解释了不立案原因,认为“没有犯罪事实,不符合立案条件”。

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.\"

张健向家属告知,经调查,玉田县检察院没有收到看守所提交的患病情况说明及取保候审申请书,并表示2018年10月15日已经将案件移送法院。

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.

根据唐山一看提供的“与办案单位联系情况登记表”记载,唐山一看向玉田县检察院提交周广华患病情况说明的时间是2018年9月29日,时值案件移交至法院之前的半个月。

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.

张健向周广华家属表示,玉田县法院收到了唐山一看提交的周广华患病情况说明两次,也收到了王刚以周广华“身患严重疾病,生活不能自理”为由申请变更强制措施的申请。但患有严重疾病申请取保候审,需要进行医学鉴定。唐山市医院出具的医学诊查鉴定意见:周广华不符合保外就医的条件。张健表示,这一情况在2019年4月12日电话通知了王刚及唐山一看。

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.

与此信息不相符的是,唐山一看此前向家属多次回复,关于周广华的变更强制措施的前三次申请,看守所未收到办案单位的任何回复。

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.

而对于“患有严重疾病申请取保候审,需要进行医学鉴定”这一点,王刚也提出了自己的不解之处,他指出:“母亲病重被送医抢救是9月5日,当天玉田县法院做出的变更强制措施的决定,并未做任何鉴定”。

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 \".

张健解释,对于“患有严重疾病”的鉴定,目前有规定,但标准并不明确。病重到什么程度才算是严重,这在实践中并没有细化的鉴定标准。

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.

对于我国目前的普遍情况,深一度记者从多位国内刑事律师处了解到,看守所是在押人员的第一接触人,只要看守所认为在押人员身体状况不适宜继续羁押,并出具情况说明的,办案单位为保证在押人员的生命安全,核实后一般都会很快变更强制措施。

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.

在刑事控告书中,王刚认为,河北省唐山市玉田县人民检察院检察官李玉田,检察长刘铭对唐山市第一看守所提交的病情说明请求变更强制措施的情况,没有做出及时明确处理,是导致周广华病情得不到有效治疗的主要原因;玉田县法院法官彭继业、主管副院长张丙新并未进行病情核实,未能掌握在押人员周广华患病的实际病情,未对申请作出回复。因此控告四人行为涉嫌构成滥用职权罪。

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.

张健对此解释称,2019年上半年周广华病情比较稳定,法院不予变更强制措施与周广华死亡结果不具有刑法上的因果关系。因此,主审法官不具有滥用职权的行为,“且没有犯罪事实,不符合立案条件,决定不予立案”。

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'' .

(原题为:《周广华死亡事件调查报告公布,家属将就刑事控告提复议》)(本文来自澎湃新闻,更多原创资讯请下载“澎湃新闻”APP)

(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)