On January 29, 2024, three staff members of the Guangdong Provincial High People's Court rushed to Sunji Town, Lixin County, Anhui Province, and served Li Kuixing with a retrial decision in the robbery case of his brother Li Siqiang.
Previously, the Longhu District People's Court in Shantou City, Guangdong Province, found in its verdict that Li Kuixing's younger brother Li Siqiang was involved in a number of gang robbery cases, and in 2016, Li Siqiang, who had served nine years in prison, died of illness shortly after being released from prison.
Li Kuixing introduced that his younger brother Li Siqiang has congenital mental defects, and has never been to Shantou, Guangdong, where the crime occurred, was arrested in 2007 because he was carrying the ID card of a fugitive.
In February 2023, the incident of "a mentally handicapped man imprisoned for nine years for carrying a fugitive ID card" has aroused widespread concern in the society after being reported by **.
Subsequently, the Guangdong High Court publicly responded on its official Weibo, stating that it had accepted the complainant Li Kuixing's complaint about the robbery of his brother Li Siqiang and was under review.
At present, Li Kuixing is suffering from a serious illness and has been diagnosed with pancreatic malignancy, secondary lung malignancy and lymph node secondary malignancy, and is undergoing chemotherapy.
After the Guangdong High Court announced the start of the retrial, Li Kuixing told the Beijing News: "My greatest wish is to clear my brother's grievances as soon as possible and return his innocence." ”
According to the retrial decision of the Guangdong Provincial High Court, the Xiangqiao District People's Court of Chaozhou City has been ordered to try the "Li Siqiang robbery case". Photo by Beijing News reporter Han Futao.
The mentally handicapped man appeared in prison after he went missing.
69-year-old Li Kuixing told reporters that he is the eldest in the family and has four brothers, of which the third brother and the fourth brother Li Siqiang both have congenital intellectual defects. After my father died, my mother lived alone with her two younger brothers, "They have been working in a brick kiln near their home, and my mother is afraid that they will get lost, so she will not let them go away." ”
In the spring of 2007, Li Kuixing, who was working outside, received a call from his mother from his hometown in Anhui and told him that his younger brother Li Siqiang was lost. After Li Siqiang's disappearance, Li Kuixing mobilized relatives and friends to search everywhere, but there was no news.
Zhu Xiaodong, the lawyer in Li Siqiang's case, told reporters that the reason why his family could not find Li Siqiang was because he was arrested as a fugitive "Liu Xiwen" in Nanjing soon after he disappeared.
The Longjin Police Station of the Shantou City Public Security Bureau in Guangdong Province issued a certificate stating that on March 26, 2007, the Shuangzha Police Station of the Jianye Branch of the Nanjing Municipal Public Security Bureau seized the suspect Liu Xiwen while inspecting the temporary resident population in the area under its jurisdiction. At that time, Li Siqiang had a Liu Xiwen's ID card on him. Zhu Xiaodong said that Liu Xiwen, also a native of Lixin, Anhui Province, was still at large in 2003 when he and others committed a number of robberies in Shantou, Guangdong Province.
As for why Li Siqiang has Liu Xiwen's ID card, Li Kuixing said that his younger brother himself has not made it clear.
Lawyer Zhu Xiaodong said that from the point of view of **, Liu Xiwen and Li Siqiang do not look similar, but Li Siqiang, who was wrongly arrested, was first handed over to Shantou **, and then the People's Procuratorate of Longhu District of Shantou City filed a public prosecution, and the People's Court of Longhu District ** tried the case of Liu Xiwen's robbery, during which the public procuratorate and law departments of Longhu District of Shantou City did not find the identity of the defendant.
In this way, on October 11, 2007, "Liu Xiwen" was sentenced to 12 years and six months in prison, and after the trial was completed, Li Siqiang was sent to prison as "Liu Xiwen" to serve his sentence.
After serving a short period of time in a local prison in Guangdong, Li Siqiang was transferred to Shijiazhuang Prison in Hebei Province to serve his sentence. Two years later, in 2009, Li Siqiang, who was serving a sentence in Shijiazhuang Prison, had a turn for the worse.
Another ** lawyer in Li Siqiang's case said that he had contacted Shijiazhuang Prison, and the other party revealed that while "Liu Xiwen" was serving his sentence, the prison guards found his identity suspicious, so they reported the situation.
The dossier materials show that at that time, Shantou ** investigated the identity of "Liu Xiwen" in prison according to the feedback from Shijiazhuang Prison. In November 2009, in order to verify the true identity of "Liu Xiwen", Shantou ** rushed to Lixin, Anhui Province to find Li Siqiang's mother and asked her to identify whether the prisoner who was serving a sentence in prison was Li Siqiang.
Li Siqiang**, who was left by his family, died of illness less than three months after he was released from prison. Photo by Beijing News reporter Han Futao.
recovered his identity, but was convicted of robbery.
Zhu Xiaodong, the lawyer in the Li Siqiang case, told reporters that although he found that Li Siqiang in prison was not the real Liu Xiwen, he was determined to have fraudulently used Liu Xiwen's name to participate in many gang robbery cases.
Zhu Xiaodong said that Shantou ** went to other prisons to interrogate other members of the robbery gang, including Liu Xiwen's younger brother Liu Xiguo and Liu Xiwen's brother-in-law Ma Fuwei. Although they all pointed out that the "Liu Xiwen" serving the sentence was not the real Liu Xiwen, they insisted that this person was indeed an accomplice in the robbery with them.
Zhu Xiaodong said that Liu Xiguo's testimony was very inconsistent, "When Liu Xiguo was first arrested in 2004, he made it clear to ** that his brother Liu Xiwen had participated in many robberies with him, and did not mention that his brother was impersonated by someone else." ”
In 2009, in the face of these new circumstances, the Longhu District People's Court of Shantou City did not retry the case, but only issued a criminal verdict, correcting all "Liu Xiwen" in the original verdict to "Li Siqiang".
*Counsel argues that new evidence has emerged, and only by reopening the case can the facts of the case be fully ascertained, rather than just issuing a ruling to change the defendant's name, "there was no legal permission to change the defendant's name at that time." ”
After the Longhu court made a criminal ruling, Li Siqiang could only continue to serve his sentence in Shijiazhuang Prison.
Li Kuixing told the Beijing News that after learning that Li Siqiang was serving a prison sentence in 2009, he rushed to the prison to visit, and during the visit, he tried to ask what was going on, but his brother, who was confused, did not give him any useful information. ”
It wasn't until Li Siqiang was released from prison in 2016 that Li Kuixing found a verdict from his brother's belongings, and at this time he knew that his younger brother Li Siqiang was first arrested as Liu Xiwen, "Although Liu Xiwen is from the same county as us, we don't know each other, and we are dozens of kilometers apart." ”
As for the facts of the crime listed in the verdict, Li Kuixing found it incredible, because in 2003, when he was found to have "robbed" in Shantou, Guangdong, his younger brother was in his hometown at the time, and everyone in the village could prove it.
Li Xuecheng, the main culprit of the robbery gang, once made it clear that he did not know Li Siqiang, and pointed out that Liu Xiwen was a member of their robbery gang. Photo by Beijing News reporter Han Futao.
A number of "criminal accomplices" denied knowing Li Siqiang.
According to the relevant verdict and commutation ruling, Li Siqiang was released in 2016 after two commutations in Shijiazhuang Prison, and actually served nine years and three months in prison. Less than three months after he was released from prison, Li Siqiang died of illness.
Li Kuixing recalled that when Li Siqiang was released from prison, his body was already very weak, and he was soon found to be suffering from a serious illness, and his days were short.
As soon as Li Siqiang was released from prison, Li Kuixing hired a lawyer to appeal, "I originally hoped to restore his innocence when he was alive, but Li Siqiang's physical condition deteriorated rapidly." ”
On the evening of September 1, 2016, the ** lawyer hired by Li Kuixing met Li Siqiang for the first time, which became the only time. Li Kuixing recalled that on the night after meeting the lawyer, Li Siqiang died.
At the end of 2016, as a family member of Li Siqiang, Li Kuixing entrusted a lawyer to formally file a complaint with the Longhu District People's Court of Shantou City, Guangdong Province, which was quickly rejected, and in 2017, he filed a complaint with the Shantou Intermediate People's Court, which was also quickly rejected.
At the end of December 2021, a reporter from the Beijing News went to Liu Xiwen's place of residence - Qizhai Village, Daliji Town, Lixin County, Anhui Province, to interview, Liu Xiguo and Liu Fenglian in this robbery gang are both villagers of the village, and another accomplice, Liu Xiwen's brother-in-law Ma Fuwei, lives in the next village.
A number of villagers told the Beijing News reporter that Liu Xiwen and Liu Xiguo were indeed brothers, "Both of his brothers robbed in Guangdong, and later only Liu Xiguo was arrested, and Liu Xiwen ran away." ”
Regarding the fact that Liu Xiwen was not arrested, the villagers did not shy away from saying, "He was still at home a few days ago, and I don't know if he is not there these days." ”
According to the verdict in Li Siqiang's case, Li Guang, who lives in Fuyang, Anhui Province, was also a member of this robbery gang, and he was sentenced to 11 years in prison.
At the end of December 2021, a reporter from the Beijing News found Li Guang, who had been released from prison for many years, and showed him Li Siqiang's ** for identification, Li Guang made it clear that he did not know Li Siqiang and had never heard of this name. Li Guang said that he knew Liu Xiwen and was familiar with them in Guangdong at that time, but he only knew that Liu Xiwen was wanted and was at large, but he did not know what happened later.
On August 9, 2022, after many inquiries, the Beijing News reporter found the main culprit of the robbery gang, Li Xuecheng, who had been sentenced to life imprisonment and was released in May 2022 after commutation. According to the verdict, the court found that Li Siqiang had committed a total of six gang robberies, and Li Xuecheng participated in each of them.
The reporter showed Li Siqiang's ** to him for identification, and he made it clear that he didn't know the people in **, the people in ** didn't rob with them, and he never heard the name Li Siqiang. Li Xuecheng also said that the person involved in the robbery did have a person named Liu Xiwen, "Liu Xiwen and Liu Xiguo are brothers, and his brothers robbed with us at that time, and the two of them looked a little alike, so I will not be mistaken." ”
Li Xuecheng said that his co-defendants have been arrested one after another for more than ten years, and only Liu Xiwen has not been arrested, "because there are accomplices who have been arrested, the police will look for me to identify." ”
The old house where Li Siqiang lived has been demolished, and the local ** funded the construction of three tiled houses in the same place, which are currently inhabited by his third brother. Photo by Beijing News reporter Han Futao.
On August 11, 2022, Li Kuixing, who learned that Liu Xiwen was still at large, officially submitted a report to the public security organ of Lixin County, Anhui Province, where Liu Xiwen's household registration is located, to report Liu Xiwen.
After receiving the report materials, the Lixin County Public Security Bureau immediately began to investigate and verify. After investigation and verification, in order to prevent Liu Xiwen from absconding after hearing the news, the Lixin County Public Security Bureau quickly arrested Liu Xiwen on the same day, and after arriving at the case, Liu Xiwen confessed to the fact that he had participated in robberies in Shantou many times.
In April 2023, Li Kuixing went to Shantou, Guangdong and other places to appeal to many parties about Li Siqiang's robbery case, but soon after returning home from Guangdong, Li Kuixing found that he was unwell, and was later diagnosed with pancreatic malignancy, secondary lung malignancy and lymph node secondary malignancy, and now needs to go to the hospital regularly for chemotherapy.
The Guangdong High Court's announcement of the start of the retrial also gave Li Kuixing some comfort, feeling that his eight years of appeal efforts were not in vain, "My greatest wish is to clear my brother's grievances as soon as possible and return him to his innocence." He said.
Beijing News reporter Han Futao.
Edited by Gan Hao.
Proofread by Liu Yue.