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The mentally retarded man was acquitted in the robbery case. The brother of the man involved said he would hold the case officers accountable.

2024-08-21

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(Original title: After the "mentally disabled man" robbery case was acquitted, his brother spoke out: The person who wronged his brother has not been held accountable)

According to Da Wan News, recently, the People's Court of Longhu District, Shantou City, Guangdong Province, made a state compensation decision to the family of Li Siqiang, deciding to compensate Li Siqiang's family for mental damage consolation money and Li Siqiang's personal freedom compensation totaling more than 2.34 million yuan, and to eliminate the impact, restore the reputation, and apologize to the victim Li Siqiang within the scope of the infringement.

However, in the eyes of Li Siqiang's brother Li Kuixing, his brother's wrongful imprisonment is not over. On August 19, a reporter from Da Wan News interviewed Li Kuixing. He said that he is not considering the issue of state compensation now, and hopes that the people who handled the wrong case will be dealt with according to the law, "Without accountability, this matter is not over."

The younger brother was acquitted, and the older brother did not attend the trial due to cancer

In late August, corn was growing vigorously in a field in Lizhai Village, Sunji Town, Lixin County, Bozhou City, Anhui Province. The grave of villager Li Siqiang was in this lush corn field, about 1 kilometer away from his brother Li Kuixing's home.

On April 19 this year, the People's Court of Xiangqiao District, Chaozhou City, Guangdong Province, held a retrial of Li Siqiang's robbery case. The presiding judge announced in court that Li Siqiang was acquitted. After eight years of appeal, Li Kuixing finally proved his brother Li Siqiang's innocence. On the day of the trial, Li Kuixing was in the hospital for cancer treatment and was unable to attend the trial. Li Kuixing said that after learning the news of the acquittal, he felt that his efforts over the years had finally paid off.

On the evening of August 19, it was raining in Lixin County. A reporter from Da'an News came to Li Kuixing's home. He was lying in bed resting. He had just returned home from chemotherapy in the hospital that afternoon.

In the dim light of the room, Li Kuixing has an oxygen tube inserted into his nose, and the oxygen concentrator on the bedside table is constantly supplying oxygen. At the foot of the bed, an old electric fan is blowing air, and the air conditioner on the wall is also on. Li Kuixing's wife said that if the air is not circulating, he will have difficulty breathing, so they need to turn on the electric fan and air conditioner in the room. Compared to the appearance when he was diagnosed with pancreatic cancer two years ago, Li Kuixing now looks particularly haggard and thin. He told the Da Wan News reporter that he has lost 50 kilograms in the past two years.

Li Kuixing rests at home

A few days ago, the People's Court of Longhu District, Shantou City, Guangdong Province made a state compensation decision, deciding to compensate Li Siqiang's family for mental damage and Li Siqiang's personal freedom compensation totaling more than 2.34 million yuan, and to eliminate the impact, restore his reputation, and apologize to the victim Li Siqiang within the scope of the infringement.

Li Kuixing told Da Wan News that he knew about the court's decision on state compensation, but he didn't want to worry about the money for now. He felt that although his brother was acquitted, the people who had wronged his brother were not held accountable. "Only when they are held accountable can this matter be considered over," Li Kuixing said.

Years after his brother disappeared, he received a letter from prison

The case of Li Siqiang began in 2007.

That year, Li Siqiang, who was mentally disabled, disappeared in his hometown of Lixin, Anhui. His family searched everywhere for him, but there was no news. Li Kuixing told Dawan News that his mother burst into tears when she learned that her son was missing.

"He can usually speak, but his speech is incoherent and not very clear." Li Kuixing told the Da Wan News reporter that although his brother has intellectual disabilities, he has mastered certain survival skills. Before he disappeared, his brother worked in a local brick factory.

After Li Siqiang disappeared, his family tried to look for him, but after several attempts without any results, they stopped looking.

Li Kuixing got news about his younger brother Li Siqiang again because of a letter he received in 2011.

Envelope provided by Li Kuixing

Da Wan News reporter saw from the envelope provided by Li Kuixing that the mailing address was "Box 18, Box 133, Shijiazhuang City, Hebei Province", the signature was Li Siqiang, and the recipient's name was "Li Xiaoman (brother)". Li Xiaoman is Li Kuixing's nickname. Li Kuixing learned from the letter that his brother Li Siqiang was serving a sentence in a prison in Shijiazhuang City, Hebei Province.

Li Kuixing told Da Wan News that he went to the prison to visit his brother after receiving the letter and asked him why he was in prison, but his brother did not explain clearly. It was not until 2016, when Li Kuixing went to the prison to pick up Li Siqiang, that he saw the relevant verdict and ruling for the first time and learned about his brother's past experiences. Li Kuixing learned that his brother was imprisoned because of an ID card named "Liu Xiwen".

My younger brother was wrongfully imprisoned and served nearly 10 years in prison

After Li Siqiang disappeared from his hometown of Lixin, Anhui, he was arrested by local police in Nanjing in 2007. Because Li Siqiang had an ID card of fugitive Liu Xiwen, local police arrested Li Siqiang as Liu Xiwen and then handed him over to Shantou police in Guangdong.

On August 20, Da Wan News reporter saw the criminal judgment (2007) Long Xing Chu Zi No. 256 issued by the Longhu District People's Court of Shantou City on October 11, 2007. The judgment reads: After trial, it was found that the defendant Liu Xiwen, together with seven other accomplices, committed six robberies in the urban area of ​​Shantou between August and September 2003. The defendant Liu Xiwen was convicted of robbery and sentenced to 12 years and six months in prison.

The "Liu Xiwen" here is actually Li Siqiang.

The house where Li Siqiang lived before his death

Da Wan News reporters noticed that on December 14, 2009, the Longhu District People's Court of Shantou City issued the Criminal Ruling No. (2007) Longxingchu 256-1, which reads: After review, it is found that the title of the defendant "Liu Xiwen" and his basic information in the original judgment are wrong. It is specially ruled that all "Liu Xiwen" in the original judgment shall be corrected to "Li Siqiang".

At this point, after serving two years in prison under the name of "Liu Xiwen", Li Siqiang continued to serve his sentence under the identity of "Li Siqiang".

He spent all his savings to appeal for his brother for 8 years

In 2016, after Li Siqiang was released from prison, Li Kuixing learned about his brother's experience. So, Li Kuixing found a lawyer and decided to appeal for his brother.

After being released from prison, Li Siqiang was in poor health and suffered from severe tuberculosis. The lawyer once asked Li Siqiang about his experiences over the years at his bedside. Li Kuixing recalled to Da Wan News reporters that Li Siqiang gave him a thumbs up and said, "My brother, you are awesome." "He probably meant that he thought his brother could find someone to ask about his experience." However, Li Siqiang died later.

Recalling the experience of appealing for his brother over the past eight years, Li Kuixing said that the thumbs up his brother gave him at that time has always supported him not to give up.

In his early years, Li Kuixing had been working in other places. After returning to his hometown when he was old, he made a living by farming. In order to appeal for his brother, he ran back and forth and soon spent all his savings. Even so, he still did not give up and even borrowed money from others to continue appealing for his brother.

Photos of Li Siqiang before his death

After much inquiry, Li Kuixing learned that Liu Xiwen had been at large. At the advice of his lawyer, he reported Liu Xiwen to the public security organs of Lixin County, Anhui Province, where Liu Xiwen was registered, in 2022. Subsequently, Liu Xiwen was arrested.

Da Wan News reporters learned that on February 2, 2023, the Longhu District People's Court of Shantou City issued the Criminal Judgment No. (2023) Yue 0507 Xingchu 26: The defendant Liu Xiwen, together with his accomplice Li Siqiang and others, committed multiple robberies in the urban area of ​​Shantou. In view of the fact that the defendant Liu Xiwen voluntarily pleaded guilty and accepted punishment, he can be given a lighter punishment according to law. The defendant Liu Xiwen was found guilty of robbery and sentenced to ten years in prison.

"I thought that the arrest of the real murderer Liu Xiwen would clear my brother's name, but I didn't expect that they would list Li Siqiang as Liu Xiwen's accomplice," said Li Kuixing.

"After I was diagnosed with cancer last year, many people advised me not to run anymore and to have a good rest." Li Kuixing told the Da'an News reporter that he had never thought of not suing. He believed that this was a wrongful case and that a wrongful case could be redressed.

Apply again, hoping to be held accountable

Recently, a reporter from Da Wan News learned that the People's Court of Longhu District, Shantou City, Guangdong Province, made a state compensation decision to the family of Li Siqiang.

Da Wan News saw this state compensation decision. The decision shows that the Longhu District People's Court of Shantou City found out that on September 19, 2007, the public prosecutor, the Longhu District People's Procuratorate of Shantou City, Guangdong Province, filed a public prosecution against the defendant "Liu Xiwen" (real identity Li Siqiang) for robbery, and submitted relevant evidence to the court to identify the defendant "Liu Xiwen" (real identity Li Siqiang) for 6 robberies in Shantou City. After trial, the court believed that the facts of the prosecution's accusation were clear and the evidence was sufficient. On October 11, 2007, it made a criminal judgment (2007) Longxingchu No. 256, sentencing the defendant "Liu Xiwen" (real identity Li Siqiang) to 12 years and 6 months in prison for robbery, depriving him of political rights for three years, and a fine of RMB 3,000. After the verdict was announced, "Liu Xiwen" (real identity Li Siqiang) did not appeal, and the procuratorate did not protest. The judgment came into effect and was transferred for execution.

Later, the appellant Li Kuixing was dissatisfied with the above criminal judgment and began to appeal to the court, the Shantou Intermediate People's Court, and the Guangdong Higher People's Court in 2017. On January 25, 2024, the Guangdong Higher People's Court instructed the Chaozhou Xiangqiao District People's Court to re-examine the case of Li Siqiang's robbery. On April 18, 2024, the Chaozhou Xiangqiao District People's Court made a retrial (2024) Yue 5102 Criminal Retrial No. 1 criminal judgment, believing that the original trial found unclear facts and insufficient evidence, and could not find Li Siqiang guilty, and ruled that Li Siqiang was not guilty. The judgment took effect on April 30, 2024.

It was also found that Li Siqiang died on September 2, 2016. He was unmarried and had no children. Li Siqiang's parents are deceased.

Li Siqiang's grave is in this cornfield not far from home.

The Longhu District People's Court held that Li Siqiang was detained on March 26, 2007 and released on June 25, 2016, for a total of 3,380 days in detention, and should pay the claimant 1,563,047.2 yuan in personal freedom compensation (3,380 days x 462.44 yuan/day). In addition, considering the actual situation such as the impact of the guilty verdict on Li Siqiang and his family, it was decided to pay the claimant 781,523.6 yuan in mental damage consolation (1,563,047.2 yuan x 50%) at 50% of the total personal freedom compensation, and eliminate the impact, restore the reputation, and apologize to the victim Li Siqiang within the scope of the infringement.

On August 20, a legal expert told Da Wan News reporters that all parties were responsible for the Li Siqiang case, from the initial arrest by the Nanjing police to the pre-trial and handling by the Shantou police, as well as the subsequent prosecution by the Shantou Longhu District Procuratorate and the trial by the Shantou Longhu District People's Court. The family members can hold these departments accountable.

On the afternoon of August 20, a reporter from Da Wan News learned that Li Kuixing has applied to the Compensation Committee of the Shantou Intermediate People's Court of Guangdong Province through his lawyer to make a compensation decision. He has objections to the amount of compensation, believing that the compensation is too low. He also has objections to the entity receiving the compensation, believing that his nephew is not an heir and has no right to obtain state compensation. He also asked the Shantou Intermediate People's Court to hold the relevant judges accountable.