A lost family’s path of complaint

During the Qingming Festival, Chen Tao, 57, was busy preparing offerings for his daughter, and grief once again rushed to his heart.

Chen Ting is the only daughter of the family, two years ago, Chen Ting was beaten by his colleague Cui, deep coma nearly 5 months later, Chen Ting died in Tianjin People’s Hospital due to resuscitation failure, life is forever fixed at the age of 32.

Because of the loss of his daughter’s solemn blow, Chen Tao’s old companion often suddenly cry in the middle of the night. In Chen Tao’s eyes, the old companion has mental disorder.

The Tianjin Hongqiao District People’s Court sentenced Cui to 15 years in prison for the crime of intentional injury, and compensated for economic losses of more than 640,000 yuan. 2020 December 2, the Tianjin First Intermediate Court made a final ruling, rejected the appeal and upheld the original sentence.

Faced with such a verdict, Chen Tao, 67 years old, insisted on appealing. He had already suffered from cancer many years ago, and now the cancer has returned, but he can no longer listen to the doctor’s instructions, unwilling to hospitalization, more unwilling to surgery, bent on finding justice for his deceased daughter.

The painful loss of his only daughter

The day of his daughter’s accident, Chen Tao can not forget his life. the morning of March 19, 2019, when his daughter left home to go to work, he had urged his daughter car limit, do not drive out, his daughter replied: “Okay, got it. “

What Chen Tao did not expect is that this became the last conversation between him and his daughter. “More than 10 o’clock that night, my daughter has not returned, I sent a message with her no one back, no one answered the phone. “In the face of this abnormal behavior of the daughter, Chen Tao vaguely feel that the daughter may encounter things.

March 20 at 1:00 a.m., still not sleep Chen Tao couple, was a sharp knock outside the door woke up. Chen Tao hurriedly got up and opened the door, only to see two uniformed police officers standing outside the door, “What’s the matter? ” Chen Tao asked cautiously. The police only to confirm whether it is Chen Ting’s family, and asked Chen Tao to go with them.

After getting into the police car, Chen Tao kept asking the police what had happened, the police did not answer positively. Until the car stopped at the entrance of Tianjin People’s Hospital, Chen Tao learned that his daughter was lying in the hospital.

“You see if it is your daughter. “In the hospital’s emergency hall, standing five or six police officers, see the daughter lying in the hospital bed,” fluffy, inserted tubes lying in the hospital bed, out of shape. “Chen Tao was at a loss for words, he cried out:” What is this situation. No one responded to the police officers present, only to urge “hold a little old man “.

The emergency medical records of the night of the hospital: “At 23:40 on the evening of March 19, the patient came to the hospital with respiratory and cardiac arrest for more than ten minutes. No consciousness, no breathing in both lungs, no pulse in both carotid arteries, both pupils dilated ……”

“At that time, the doctor told me that the person had been resuscitated, but I insisted that the doctor resuscitate. “Chen Tao said, after the doctors’ resuscitation, Chen Ting only rely on ventilators, booster pumps, etc. to maintain vital signs.

Chen Ting has been in a deep coma since then, and 146 days later, Chen Ting died at 1:18 a.m. on Aug. 11, 2019, at Tianjin People’s Hospital due to ineffective resuscitation.

“More than 6 o’clock that night, she also sent me a WeChat, saying that she was eating out in the evening and came home a little later, how come she didn’t come back ah? “Chen Tao’s old partner has been crying.

In a media’s WeChat public number, a video of Chen Ting appearing to narrate was posted.

I look at it every day, and this is the only image she left behind. “Chen Tao said, 1.75 meters tall Chen Ting, excellent work, friendly, well-behaved and obedient since childhood, he still can not figure out why his daughter will be beaten.

Defending his daughter’s rights

After Chen Ting’s death, her farewell ceremony was held on the morning of Sept. 29, 2019, and Chen Ting’s funeral was postponed for more than a month because it involved the investigation of a criminal case.

A week before the farewell ceremony, Chen Tao wrote a thousands-word obituary for his daughter on the social media platform, which was Chen Tao’s first voice through the Internet, and many of Chen Ting’s former classmates and colleagues left messages in the comment section.

Netizen “Songshan Zhuyun” said that although he and Chen Ting did not work in the same department, but every time he saw her, he would look twice. The netizen said Chen Ting is a “beautiful and fresh girl”.

Chen Tao said his daughter Chen Ting worked in a media in Tianjin for many years before she was born, and four months before the accident, her daughter got a new job and is still engaged in the media industry. The person who assaulted Chen Ting was a male colleague of Chen Ting’s new unit, Cui Mou.

The case was heard in court on August 18, 2020. “I had never heard my daughter talk about Cui Hao as a person before, and then in court, I heard Cui say that he liked my daughter. “During the trial, Chen Tao saw the scene of Cui Mou beating his daughter through the surveillance video at the time of the crime. “In the car, he grabbed my daughter’s hair, slammed her head, more than 20 seconds later, people are not moving, he also hit the back of the head hard. “Chen Tao said.

“From the day of the incident to my daughter’s death, she never opened her eyes, other vegetative people in the ICU ward can, she did not. “When it comes to the matter, Chen Tao could not help but cry. Chen Tao said, after two injury identification, Chen Ting was finally identified as serious injury second degree.

According to the two court verdicts provided by Chen Tao, the polar news reporter saw that Cui was criminally detained by the Tianjin Public Security Bureau Hongqiao Branch on March 20, 2019 for allegedly committing intentional injury, and was placed under residential surveillance by the Tianjin Public Security Bureau Hongqiao Branch on March 26 of the same year, and was placed under residential surveillance by the Tianjin Hongqiao District People’s Procuratorate on June 19 of the same year, and was arrested on September 23 of that year by the Tianjin Hongqiao Branch Executive.

December 2, 2020, the case after the Tianjin First Intermediate People’s Court ruled in the second instance, maintaining the original verdict of the Tianjin Hongqiao District People’s Court of first instance. The verdict showed that Cui deliberately injured another person’s body causing death, his behavior has constituted the crime of intentional injury, sentenced to 15 years in prison, compensation for Chen Ting’s parents economic losses of more than 640,000 yuan.

Chen Tao said that in the face of such a verdict, he could not accept it. In order to find justice for his daughter, he has repeatedly reflected this matter to the relevant departments, from injury identification, post-mortem examination and identification, the court ruling, he has lost track of how many lies ran.

“Now the child’s mother’s spirit has been in a trance, reluctant to eat, often babbling, and suddenly cry in the middle of the night when she falls asleep. “In Chen Tao’s eyes, the old companion’s spirit has gone out of order. And Chen Tao in 2004 when suffering from bladder cancer, before and after seven or eight times surgery, now the cancer recurrence, but he no longer listen to the doctor’s instructions, unwilling to hospitalization, more unwilling to surgery.

“I am now hospitalized, my daughter’s affairs have to be put on hold, my partner also has no one to take care of, and I have no money to see the hospital. “Chen Tao said, he not only lost his daughter, now his family has also been paralyzed.

Court statement

Chen Tao said, the court ruled that Cui needs to compensate more than 640,000 yuan economic losses, originally should be paid before September 21, 2020, but so far not in place. 2021, the end of March, Chen Tao on the issue of compensation asked the court staff, was told that “Cui has no ability to repay, its Chen Tao asked the court staff about the compensation and was told that “Cui is insolvent and has no property under his name”.

Chen Tao asked the court staff, he learned that on March 28, 2019, Cui during the period of residential surveillance, but also with his wife for divorce procedures, and will be under the name of all the property divided to his ex-wife.

Hubei Today Law Firm senior criminal lawyer Fu Chengchen said, according to the verdict, the case when Cui beat Chen Ting vital parts, and according to the case information, the victim was sent to the hospital that night before the victim has no consciousness, no pulse, pupils dilated. It can be seen that Cui Mou in the behavior of Chen Ting has been beaten to the edge of death, subjective malignancy; secondly, Cui Mou after the crime only informed the police that the victim Chen Ting “is unconscious because of drinking “The victim was not able to get compensation for the economic loss of the victim, and did not have a repentant attitude. The above facts, Fu Chengchen the defendant Cui greater subjective malice, does not have an attitude of remorse, social harm is also great, the sentence of 15 years in prison is not light.

Fu Chengchen believes that this case belongs to the case that may be sentenced to life imprisonment or death penalty, according to Article 21 of the Criminal Procedure Law of the People’s Republic of China (amended in 2018) and Article 234 of the Criminal Law, the intermediate people’s court should accept the first instance criminal cases.

Beijing Cuda Law Firm lawyer Sun Gao believes that if what Chen Tao said is true, Cui mou went through divorce procedures with his wife during the period of residential surveillance, of which there are two possibilities, one may be that Cui mou violated the provisions of residential surveillance, and the other may be that the public security organs did not do their duty to Cui mou’s residential surveillance. The fact that Cui was able to go through a divorce is sufficient to show that he was not really under residential surveillance.

With regard to Cui being sentenced to 15 years, Sun Gwak believed that if Cui did confess to the circumstances, he could be punished less severely, but Cui did not actively compensate the victim’s losses, and transferred his property to his ex-wife after the divorce procedure, there was the possibility of malicious collusion to evade execution, and thus the circumstances of severe punishment.

Chen Tao expressed a lot of confusion about this case through social media platforms.

In the early morning of April 4, the Tianjin High People’s Court through the official microblogging “Voice of Law” said that the court has noted the public opinion on the Tianjin Hongqiao District People’s Court, the first intermediate people’s court trial of the defendant The court has noticed the concern of public opinion about the case of intentional injury of the defendant Cui in Tianjin Hongqiao District People’s Court and the First Intermediate People’s Court. The court will perform trial supervision and guidance duties, review the case to ensure that the case is handled fairly according to the law.

At about 7 p.m. on April 4, Chen Tao spoke publicly, saying that finally, after waiting 747 days, he waited for this response. He said that on that day there were more than 10 people from the Public Security Bureau, the court and the street went to his home together to understand the situation and promised to implement the compensation issue before April 10.