Involved in more than 4 kilograms of drugs, driving drugs at high speed, the suspect was sentenced t

Mondo Social Updated on 2024-02-01

Late at night on October 23, 2013, a man driving a car was stopped by police when he passed through the exit of the highway toll station in the port area of Fangchenggang City, Guangxi Zhuang Autonomous Region. The man drove his car into the intercepted vehicle, rushed out of the highway toll booth and abandoned the vehicle and fled. After the incident, the police seized more than 3,500 grams and more than 660 grams of drugs in the speakers in the car. After investigation, Xu Yan rented the car before the incident. In June 2015, Xu Yan was arrested by **. After that, the defendant Xu Yan appealed twice, and the Guangxi Zhuang Autonomous Region Procuratorate submitted a protest to the Supreme People's Procuratorate, and the case went through six trials, from the Fangchenggang City Intermediate Court, the Guangxi Zhuang Autonomous Region High Court, and finally "walked" to the Supreme People's Court. In September 2023, the case ushered in a retrial and the verdict was changed, and the court adopted the procuratorate's protest opinion, found Xu Yan guilty of transporting drugs, sentenced her to death, deprived of political rights for life, and confiscated all personal property. Xu Yan, nicknamed "Little Black", was sentenced to one year and six months in prison for drug trafficking and intentional injury. More than a year after escaping from Chongka to being arrested, Xu Yan did not stop and committed other crimes. In May 2015, Xu Yan met Liu and others who wanted to buy **, and came up with the idea of using glucose powder as ** to lure Liu and others into trading. After conspiring with Liu Hu, Lu Wen (both sentenced) and others, on the evening of May 10, 2015, Xu Yan and others pretended to conduct drug transactions with Liu and others in a hotel in Guangdong Province. In the course of the transaction, Xu Yan and others beat and robbed Liu and others of cash 180,000 yuan, two ** necklaces, two Apple mobile phones, and drove away a black car rented by Liu. On June 24, 2015, Xu Yan, who was taking drugs in an apartment in Changping Town, Dongguan City, Guangdong Province, was arrested by the police. This time, the police seized 81 grams of ** and other drugs from the satchel he carried. Guangdong ** filed a case for investigation of the above criminal facts and found that Xu Yan had been chased by Fangchenggang City ** online on suspicion of transporting drugs. On May 10, 2016, after the case was merged with the Fangchenggang Municipal Public Security Organ, the Fangchenggang Municipal Procuratorate prosecuted Xu Yan on suspicion of drug transportation, robbery, and illegal possession of drugs. On June 20, 2017, the Fangchenggang Intermediate People's Court sentenced Xu Yan to death, deprivation of political rights for life, and confiscation of all personal property for the crimes of transporting drugs, robbery, and illegal possession of drugs.

After the court of first instance pronounced the verdict, Xu Yan was not satisfied and appealed. The Guangxi Zhuang Autonomous Region High Court remanded the case for retrial. On December 28, 2018, the Fangchenggang Intermediate People's Court rendered the same judgment as the original first instance. Xu Yan was not satisfied and appealed again.

On May 25, 2020, the Guangxi Zhuang Autonomous Region High People's Court held that the evidence in the case could not infer that the drug trafficker was Xu Yan's only conclusion, so it revoked the original judgment of conviction and sentencing for Xu Yan's crime of transporting drugs, upheld her conviction and sentencing for robbery and illegal possession of drugs, and decided to enforce the sentence of 16 years imprisonment and a fine80,000 yuan. After the final judgment was rendered, the Guangxi Zhuang Autonomous Region Procuratorate found that the judgment was indeed in error and requested the Supreme People's Procuratorate to appeal in accordance with the trial supervision procedures. On March 28, 2022, the Supreme People's Procuratorate (SPP) lodged a protest with the SPC on the grounds that there was new evidence in the case to prove that the defendant Xu Yan had committed the crime of transporting drugs, and that the evidentiary basis of the original final judgment had changed and should be corrected. On September 28 of the same year, the Supreme People's Court ordered the Guangxi Zhuang Autonomous Region High Court to retry the case. In April 2023, the Guangxi Zhuang Autonomous Region High People's Court** heard the case, during the trial, the prosecution and defense had a heated debate around the focus of the dispute in the case, and the prosecutor who appeared in court effectively constructed the evidence system by presenting 8 sets of evidence. In September 2023, the High People's Court of Guangxi Zhuang Autonomous Region made a retrial judgment in the case, holding that the existing evidence in the case was interlocking, which was sufficient to prove the criminal facts of Xu Yan driving from Guangdong Province to Fangchenggang City, Guangxi Province and escaping with a card, and the procuratorate's opinion that Xu Yan constituted the crime of transporting drugs was valid, and the original effective judgment was revoked. The retrial verdict found that Xu Yan was guilty of transporting drugs and sentenced her to death, deprived of her political rights for life, and confiscated all her personal propertycommitted robbery and was sentenced to nine years' imprisonment and a fine of 10,000 yuan;He was sentenced to eight years imprisonment and a fine of 8,000 yuan for illegal possession of drugs, and was sentenced to death and deprivation of political rights for life, and confiscation of all personal property. **Procuratorial**.

Material |**Procuratorial**.

Edit |Gao Fei.

Audit |Zhao Liang.

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