Does "son rehabilitate parents go in" can make people believe judicial justice? Song glory in looking at recruitment information original title: "son rehabilitated parents into" can make people believe that judicial justice? In the third eye, the judicial authorities have realized that there may be misjudged cases, the relevant units did not show any guilt, nor started to accountable for the investigators, but again to song honor parents sentenced to severe punishment. This had to be surprised by what the local judicial authorities which have the mentality of law enforcement. Recently, after being accused of indecent, killing 9 year old cousin Henan "young" song is honor of withdrawing prosecution. In January 26th this year, song Guang won the state compensation for 20 million 880 thousand yuan, and was accepted by the court. But what’s surprising is that song came out of glory, and his parents went in again. In a sense, the glory of the Song Dynasty not only to redress unjust case lost his own youth and life opportunities, but also to catch his parents and the whole family to pay a heavy price for the double. The original song glory was taken away by police custody after his parents began to petition petition. However, the petition did not make the Song Dynasty win freedom, while the Huaiyang county court sentenced the father and mother of song Guang to imprisonment for 2 years and 6 months. In December 2013 the song was released on bail after glory, because their parents do not agree with the "bail", and repeatedly asked for the acquittal of Supreme Court of Henan province to visit downtown, to the public security organs and the undertaker demanded thirty thousand yuan again by the Xiangcheng court to disturb the crime and sentenced to the crime of blackmail and impose exactions on more than five years of fixed-term imprisonment. Nowadays, although song Guang has been released, the parents who are fighting for freedom still serve their sentences in prison. It is necessary to point out that even if the song glory did implement the obscene murder crime, even though the judicial organ to honor song completely correct legal, the parents to the judicial organs Petition Petition is one of the legitimate rights of citizens. This kind of right is protected by the criminal procedure law and the petition regulations of the State Council, unless it has the legal conditions stipulated in the 293rd article of the criminal law, otherwise it is difficult to relate to the crime of affray. As for the parents of the Song Dynasty, the parents claim money to the public security organs, even if the object is incorrect and the way is not appropriate, this unilateral claim is also essentially different from the crime of extortion. According to the theory of criminal law, the judicial units as public power organs and the police handling cases as law enforcement officers can not become the object of extortion crime in this case. But it is sad, in my glory song has been released on bail, the judicial authorities recognize that the situation may exist misjudged cases, the relevant units did not show any guilt and regret, but also did not start any responsibility for investigators, but again to honor parents sentenced song. This had to be surprised by what the local judicial authorities which have the judicial and law enforcement mentality. The application of state compensation for winning the honor of Song Dynasty has been accepted by the court, and the parties concerned should not only give an honest song of honor, but also give him necessary compensation and relief according to law. More importantly and more urgent, we should start the retrial process of the parents of the Song Dynasty as soon as possible. 4

“儿子平反父母进去”能让人相信司法公正吗? 宋争光在看招聘信息   原标题:“儿子平反父母进去”能让人相信司法公正吗?   第三只眼   司法机关已经认识到可能存在错案的情况下,有关单位没有表现出任何愧疚,也没有启动对办案人员的追责,反而再次对宋争光父母判处重刑。这不得不让人讶异于当地司法机关究竟抱有何种执法心态。   日前,因被指控猥亵、杀害9岁堂妹的河南“少年”宋争光被检察机关撤回起诉。今年1月26日,宋争光申请国家赔偿2088万元,获法院受理。但令人诧异的是,宋争光出来了,他的父母又进去了。   从某种意义上说,宋争光冤案的平反不仅要赔上他本人的大好青春和人生机会,还要搭上他的父母乃至整个家庭为之付出加倍沉重的代价。原来宋争光被警方带走羁押后,他的父母开始上访陈情。然而上访非但没有让宋争光获得自由,淮阳县法院反而以寻衅滋事罪分别判处宋争光的父亲和母亲有期徒刑2年6个月。2013年12月宋争光被取保候审后,其父母因为不同意“取保候审”、要求无罪释放、多次到河南省高院闹访、并向公安机关承办人索要三万元再次被项城法院以寻衅滋事罪和敲诈勒索罪判处超过五年的有期徒刑。现如今,宋争光虽然已经获得释放,但为其争取自由的父母却依然在监狱服刑。   需要指出的是,就算宋争光的确实施了猥亵杀人犯罪,就算司法机关对宋争光的处理完全正确合法,其父母向司法机关信访陈情也是一个公民的合法权利。这种权利受到《刑事诉讼法》和国务院《信访条例》的保护,除非具有《刑法》第二百九十三条规定的法定情形,否则跟寻衅滋事犯罪很难扯上关系。   至于宋争光父母向公安机关承办人索要钱财,即便对象不正确、方式上有不够妥当之处,这种单方面的索赔主张也与敲诈勒索犯罪存在着本质的不同。根据刑法理论界的通说,作为公权力机关的司法单位以及作为执法人员的办案民警在该种情况下根本无法成为敲诈勒索犯罪的对象。   更令人唏嘘的是,就在宋争光本人已被取保候审,司法机关已经认识到可能存在错案的情况下,有关单位非但没有表现出任何的愧疚和歉意,也没有启动对办案人员的任何责任追究,反而再次对宋争光父母判处重刑。这不得不让人讶异于当地司法机关究竟抱有何种司法理念和执法心态。   宋争光的国家赔偿申请已获法院受理,有关方面不仅要还宋争光一个清白,而且还应依法给予他必要的赔偿救济。更重要也更为急迫的是,应当尽快启动对宋争光父母案件的再审程序。不要让平反冤假错案沦为权力之间的任性拉锯,不要让体现司法进步的国家赔偿始终拖着挥之不去的阴影。   □邓学平(律师) 责任编辑:黄睿 SN224相关的主题文章: