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jimu news reporter xie mao

on the afternoon of september 4, the intermediate people's court of dali prefecture in yunnan province pronounced a verdict on a case that occurred in 1993 - the intentional homicide and rape case of yang xuqiu. a reporter from jimu news learned from yang xuqiu's family that the court pronounced yang xuqiu not guilty of intentional homicide but guilty of rape, and sentenced him to ten years in prison (which has already been executed). yang xuqiu's family told jimu news that they would appeal.

supreme court retrial decision

according to jimu news, yang xuqiu was a villager of pojiao village, qudong township, yongping county, dali prefecture. in 1994, when he was 45 years old, he was accused by the dali prefecture people's procuratorate of killing a fellow villager in 1993 and raping another villager, jin moumou, several times. the dali prefecture intermediate people's court sentenced yang xuqiu to death for intentional homicide and ten years in prison for rape. the court decided to execute yang xuqiu and deprive him of his political rights for life. after yang xuqiu appealed, on june 10, 1994, the yunnan provincial high people's court believed that the original sentence was too heavy and sentenced yang xuqiu to death with a reprieve.

since then, yang xuqiu has been serving his sentence. he insisted that he did not commit any crime and continued to appeal in prison. finally, the supreme people's court made a "retrial decision" on december 19, 2017. the supreme court reviewed and believed that the original judgment found that yang xuqiu's intentional homicide was unclear and the evidence was insufficient, and ordered the yunnan high court to retrial the case. on june 1, 2020, the yunnan high court made a "criminal ruling" and sent the case back to the original first instance court, the dali prefecture intermediate people's court, for retrial. on december 9, 2020, yang xuqiu was released from residential surveillance.

on august 29, 2024, the case was heard in a closed court at the dali prefecture intermediate people's court, and the case was not sentenced in court. on september 4, jimu news reporters learned from the family of yang xuqiu that the case had been sentenced.

dali intermediate people's court

the dali prefecture intermediate people's court held that the main evidence of the original public prosecution agency accusing the original defendant yang xuqiu of intentional homicide contained contradictions and doubts, and there was no reasonable explanation. the evidence for determining that yang xuqiu committed intentional homicide could not form an evidence chain, and the evidence used to determine the case did not meet the standard of accurate and sufficient proof, and yang xuqiu could not be found to have committed intentional homicide. yang xuqiu violated the woman's will and used violence twice to force the victim jin to have sexual relations, and his behavior constituted rape. during the process of committing the rape crime, yang xuqiu stabbed the victim with a knife, causing minor injuries, and should be punished more severely. the facts of the original public prosecution agency accusing yang xuqiu of raping jin were clear, and the evidence was accurate and sufficient, and the accusation was established. according to the facts of yang xuqiu's crime, the nature and circumstances of the crime, and the degree of harm to society, the trial committee of this court discussed and decided to sentence the original defendant yang xuqiu to rape and sentenced him to ten years in prison (already executed).

on september 4, yang xuqiu’s family told jimu news that after the verdict was announced, yang xuqiu said that he did not commit rape and stated in court that he would appeal.

(photo provided by the interviewee)