Which procedures in the Zhao Zuohai case were illegal and what were the flaws?

It is inside the police station, and the problem is as follows:

1.If there is no valid evidence for the interrogation, the interrogation period shall not be continued after 48 hours, otherwise it is necessary to apply to the procuratorate for an extension, and the maximum shall not exceed 1 month.

2.The principle of exclusion of illegal evidence, according to the provisions of the Criminal Procedure Law, extortion of confessions by torture, inducement of confessions, and verbal evidence obtained by deception shall not be used, and the probative force of illegally obtained physical evidence is insufficient, Zhao's case.

3.Criminal trials must be evidence-heavy and not easy to believe confessions, that is, there must be physical evidence sufficient to conclude the case, direct evidence may be related, there is no contradiction, and indirect evidence beyond reasonable doubt, and this case.

Regarding the aspect of avoidance:

1.Law enforcement departments in all localities must conscientiously implement the principle of excluding illegal evidence, and as long as it is illegal evidence, regardless of whether the parties are guilty or not, it cannot be used as evidence, and the phenomenon of using illegal evidence in cases is eliminated, then law enforcement departments will not use illegal means to obtain evidence.

2.In criminal cases, physical evidence must be given priority, so that the verdict of 0 confessions is given priority, rather than the verdict of 0 physical evidence.

3.Those who extort confessions by torture must be strictly held accountable, and they should not wait until "serious results are caused."

4.Generally speaking, the reform of the evaluation system of law enforcement departments cannot simply carry out quantitative evaluations such as the rate of solving cases, and the appointment is as large as the sky, and quality is more important than quantity.

Emphasizing evidence and not believing confessions, extorting confessions by torture is strictly prohibited, and the level of technical investigation is raised.

Zhao Benshan, Zhao Zuohai introduced, Zhao Zuohai's younger brother Zhao Xing was killed in 1990 after the suspect disappeared. Now, the villagers suspect that the headless corpse is a human, and the person's family has also reported the crime.

Introduction: On February 15, 1998, the nephew of Zhao Zhensheng of Zhao Village, Laowangji Township, Zhecheng County, Shangqiu City, went from Zhao Wang Zuoliang to Zhao Zhensheng of the public security organ, and his uncle disappeared for more than four months, and ran away from home on October 30, 1997, suspected of being killed by Zhao Zuohai of the same village, and the relevant investigation of the public security organs. On May 8, 1999, villagers of Zhao village exhumed and found an unidentified body that was highly decomposed, headless, and missing below the knee.

The public security organs then detained Zhao Zuohai as a major suspect on May 9.

According to the communication, from May 10 to June 18, Zhao Zuohai was detained and confessed guilty in September 1999. On October 22, 2002, the Shangqiu City People's Procuratorate indicted the defendant Zhao Zuohai for intentional homicide to the Shangqiu City Intermediate People's Court. On 5 December 2002, the Shangqiu City Intermediate People's Court rendered a first-instance verdict sentencing the defendant Zhao Zuohai for intentional homicide with a two-year suspension and deprivation of political rights for life.

The Henan Provincial High Court reviewed the case and issued a ruling on 13 February 2003, approving the decision of the Shangqiu Court.

On the afternoon of May 5 this year, the Henan Provincial High Court heard a report from the Shangqiu City Intermediate People's Court on Zhao Zuohai's situation and decided to initiate a retrial procedure.

On the afternoon of the 7th, the Shangqiu Intermediate People's Court submitted evidence to confirm Zhao Zhensheng's identity. On the afternoon of May 8, Zhang Liyong, president of the Henan Provincial High Court, presided over the trial committee, and the deputy procurator general of the Henan Provincial People's Procuratorate, he Hengyang attended the trial committee, and the trial committee found that Zhao Zuohai's intentional homicide case was obviously a mistake.

Zhao Zuohai, male, born in 1952. A native of Zhaolou Village, Laowangji Township, Zhecheng County, Shangqiu City, Henan Province, he is known as the Henan version of "She Xianglin". In 1999, he was detained after the disappearance of his fellow villager, Zhao Zhensheng, who found a headless body, and in 2002 the Shangqiu Intermediate People's Court sentenced him to death with a two-year suspended sentence for intentional homicide.

On April 30, 2010, the "victim" Zhao Zhensheng returned to the village, and on May 9, 2010, the Henan Provincial High People's Court held a press conference to find that Zhao Zuohai's intentional homicide case was a wrongful case, declared Zhao Zuohai not guilty, and initiated a mechanism to pursue responsibility. The Committee decided:

1. Revoke the Provincial Court's (2003) Yu Fa Xing Yi Fu Zi No. 13 Criminal Ruling and the Shangqiu City Intermediate People's Court's (2002) Shang Xing Chu Zi No. 84 Criminal Judgment, and declare Zhao Zuohai not guilty.

2. The provincial court prepared legal documents overnight, sent personnel to immediately serve the verdict, and contacted the prison management organs to release the detainees. 3. Make arrangements for Zhao Zuohai's life after he is released from prison, and initiate the state compensation procedure.

On the morning of May 13, 2010, the Henan Provincial High Court held a press conference to announce that a total of 650,000 yuan of state compensation and living difficulties subsidies were given to Zhao Zuohai, and Song Haiping, president of the Shangqiu Intermediate People's Court, personally delivered it to Zhao Zuohai.

On February 15, 1998, Zhao Zuoliang, the nephew of Zhao Zhensheng of Zhaolou Village, Laowangji Township, Zhecheng County, Shangqiu City, Henan Province, went to the public security organs to report that his uncle Zhao Zhensheng had been missing for more than four months after leaving home on October 30, 1997, and was suspected of having been killed by Zhao Zuohai from the same village. On May 8, 1999, while digging a well in Zhaolou Village, a highly decomposed headless and nameless body with missing below the knee was discovered, the public security authorities detained Zhao Zuohai as a major suspect on May 9. Between May 10 and June 18, 1999, Zhao Zuohai made nine confessions of guilt.

On October 22, 2002, the Shangqiu City People's Procuratorate indicted the defendant Zhao Zuohai for intentional homicide to the Shangqiu City Intermediate People's Court. On 5 December 2002, the Shangqiu Intermediate People's Court rendered a first-instance verdict and sentenced the defendant Zhao Zuohai to death with a two-year reprieve, and deprived him of his political rights for life for intentional homicide. After review, the Provincial Court issued a ruling on 13 February 2003 approving the above-mentioned judgment of the Shangqiu Intermediate People's Court.

On April 30, 2010, Zhao Zhensheng returned to Zhaolou Village. After learning that Zhao Zhensheng had appeared in this village, the Shangqiu Intermediate People's Court, together with the procurators, immediately rushed to Zhaolou Village, and after discussing with the village cadres and questioning Zhao Zhensheng himself, Zhao Zhensheng's sister, niece, etc., confirmed that Zhao Zhensheng was the victim in this case. At the same time, I learned from Zhao Zhensheng himself:

On the night of October 30, 1997 (September 29 of the lunar calendar), he was more angry with Zhao Zuohai when he went to Du Moumou's house, so he took his own kitchen knife and slashed Zhao Zuohai's head at Du Moumou's house, afraid that Zhao Zuohai would retaliate, and he was also afraid that Zhao Zuohai would be hacked to death, so he packed up his things and rode a bicycle in the early morning of October 31, taking 400 yuan and quilts, ID cards, etc., to pick up waste for a living. In 2009, he had no money for hemiplegia and had no money for treatment, so he returned to the village.

On May 9, 2010, Zhao Zuohai, a villager from Shangqiu, Henan Province, who had been serving a prison sentence for many years, was acquitted and released after the "victim" Zhao Zhenshang suddenly returned home. On the morning of May 9, 2010, the Henan High People's Court held a press conference to inform the public of the retrial of Zhao Zuohai's case, and found that Zhao Zuohai's intentional homicide case was a wrongful case. On May 8, 2010, the Henan Provincial High Court rendered a retrial judgment

The provincial court's review ruling and the Shangqiu Intermediate People's Court judgment were revoked, and Zhao Zuohai was acquitted. Immediately sent people to the prison to release Zhao Zuohai and arrange his life after he was released from prison. On the morning of May 17, 2010, Zhao Zuohai received 650,000 yuan in state compensation and hardship subsidies, and said that he was satisfied with the compensation and wanted to start a new life.

On July 24, 2012, the much-watched Zhao Zuohai was caught in a pyramid scheme, and the main culprit Meng Zhiyong was sentenced to one year and four months in prison for organizing and leading pyramid schemes, and more than 170,000 yuan of funds that Zhao Zuohai "shared" was not seized.

According to the court, Meng Zhiyongdan's personal level in the pyramid scheme organization has reached level 3 or above, constituting the crime of organizing and leading pyramid marketing activities, and he was sentenced to one year and four months in prison and fined 300,000 yuan. However, no funds were seized during the investigation of the case, so the illegal gains from pyramid schemes could not be recovered or returned.