Acting lawyer of Hu Xinyu case: It is suggested th

The death of Hu Xinyu, a sophomore at Zhiyuan Middle School in Qianshan County, Shangrao City, Jiangxi Province, has become the focus of the whole network. To this end, the China Blue News reporter who is currently in front of Qianshan County contacted Zheng Xiaojing, the lawyer acting for Hu Xinyu's family, by telephone, and interviewed him about the current progress of the event and the questions of netizens.

Several sources said that Hu Xinyu's body was found in the warehouse.

Q: Has the recording pen found at the scene been repaired?

Zheng Xiaojing, the lawyer representing Hu Xinyu's family: After all, the recording pen has been (possibly) blown and rained for 106 days, so it may be damaged. It needs to be repaired, and it also needs to be extracted. If there is a message from Hu Xinyu in the recording pen, it will be clear if it is extracted and played. If it is not available or cannot be extracted, we can also seek the truth through on-site inspection.

Q: What is the focus of your work now?

Zheng Xiaojing, the lawyer acting for Hu Xinyu's family, said: Our current job is to safeguard his legal rights and interests to the greatest extent, and strive for his rights and interests to the greatest extent. For example, what is the truth? Continue to defend his rights according to the truth.

Q: Have you been notified of the autopsy report and the recording pen identification report?

Zheng Xiaojing, the lawyer acting for Hu Xinyu's family, said that there was no notification of the autopsy report and the identification conclusion of the recorder.

Q: What are your next work arrangements as an attorney?

Zheng Xiaojing, the lawyer acting for Hu Xinyu's family, said: There are two cases. If it is homicide, we must request that the case be filed immediately to find out the real murderer and give justice to the deceased. If it is suicide, it involves civil compensation. As for the school, a 15-year-old minor should bear the responsibility of civil compensation because the school has not done a good job of supervision.

Q: There are many doubts about the whole incident of Hu Xinyu. What do you think of it?

Zheng Xiaojing, the lawyer acting for Hu Xinyu's family, said that anyone has the right to question what they suspect. To question is to call for the truth to be published as soon as possible in order to respond to the concerns of the public and respond to all questions.

Attorney for Hu Xinyu case:

It is recommended that family members not cremate the remains first

Preparing to apply for criminal filing

The Hu Xinyu incident has attracted much attention recently. On the evening of January 30, Zheng Xiaojing, the lawyer acting for Hu Xinyu case, said in an exclusive interview with the reporter of Hualong.com - New Chongqing client that at present, the key evidence such as the on-site inspection report, autopsy report, and recorder identification has not been found. It is recommended that the family members not cremate the remains first, but are preparing to apply for the criminal case filing. It is not a major omission that the remains have not been found in the grain depot for more than 100 days.

Hualong.com - New Chongqing Client: It has been reported that the case has not been filed, and the family members want to apply for the intervention of the local public security. What is the current situation?

Zheng Xiaojing: In this case, the public security organs of Jiangxi Province, Shangrao City and Qianshan County have set up a special joint work class, which belongs to the management of promotion, that is, the three-level public security organs handle the case in different places. However, the police did not file Hu Xinyu as a criminal case because there was not enough evidence to show his murder.

According to Paragraph 6, Article 2, Chapter 1 of the Provisions of the Public Security Organ on Finding Information about Suspected Infringed Missing Persons (for Trial Implementation), "If the reason for disappearance is unknown and the disappearance lasts for more than 3 months", if the conditions for suspected infringed missing persons are met, the case shall be filed for investigation according to law.

At present, I am preparing to submit an application for criminal filing. However, whether to file a criminal case depends on the results of the investigation. The investigation results mainly include the on-site investigation report, the autopsy report, and the identification conclusion of the tape recorder. If the three most critical evidence points to homicide together, it means that Hu Xinyu has been infringed by criminal acts and should be filed as a criminal case for investigation. If the common conclusion is suicide, there is no need to file a case for investigation as a criminal case.

It was found that Hu Xinyu's grain depot was under control. Hualong.com - New Chongqing client reporter Zhang Zhi

Hualong.com - New Chongqing client: The remains have not been found in the grain depot for more than 100 days. Is it a major omission? Should the local government, schools and other relevant departments bear the responsibility?

Zheng Xiaojing: The search time is really quite long, and it has also attracted the continuous attention of the society. However, it can be seen that the subject of the case search and rescue, including the official and civil search and rescue teams, carried out multiple rounds of search and rescue, and finally found. Therefore, it cannot be said that it is a major omission in terms of time alone, nor can it directly investigate who is responsible, who is responsible and what is responsible.

If it is determined to be homicide and a criminal case is filed, the suspect shall be investigated for criminal responsibility and bear civil liability for compensation. If it is determined as suicide, that is, there is no suspect, then we will talk about the civil liability for compensation due to negligence in school supervision.

If I point to homicide, I will continue to defend my rights and appear in court as the victim's attorney. If it points to suicide, for a 15-year-old minor, the failure of the school to fulfill the supervision obligation is dereliction of supervision, and the school will be required to bear civil liability for compensation.

Hualong.com - New Chongqing client: After the body is found, the first decision made by the family is the autopsy. What do you think of this decision and what suggestions do you have now?

Zheng Xiaojing: We often say that corpses can talk. Autopsy is the examination of corpses involved in criminal cases or whose cause of death is unknown. The purpose is to find out the cause of death, the time of death, the means of death and the course of death, determine whether the nature of death is suicide or homicide, and provide clues and evidence for restoring the truth, detecting cases and trials.

Autopsy is divided into autopsy and autopsy. The autopsy can be carried out at the scene where the body is found; The autopsy shall be carried out by moving the corpse to the autopsy office or autopsy room with special facilities. After the autopsy, an examination report should be written to answer various questions related to the case.

I was not at the scene at the autopsy, and the details are unclear. If the autopsy results come out and the family members have objections and want to have a new autopsy, I will also apply for a new autopsy as a lawyer.

I have suggested that the family members not cremate the body, and make a decision after the autopsy results come out.

Hualong.com - New Chongqing Client: The content of the web-transmission recorder has been extracted. Have you mastered the content? Has the identification result come out?

Zheng Xiaojing: I haven't received the notification of the result of the recording pen. Key evidence results, including the on-site inquest report, autopsy report, and tape recorder identification, have not come out. My family and I are still waiting.

The recorder is likely to hide the truth. It is likely that Hu Xinyu left a message. After so many days of wind and sunshine, it may be damaged. It needs to be repaired and extracted, which takes time.

If there are messages and can be extracted and analyzed, it will be a strong support for the results. It is expected that the results of the above key evidence will be released in time to respond to the public's pursuit of the truth.

Hualong.com - New Chongqing Client: Will the subsequent family members invite other professionals to join in the assistance? Is this legally allowed?

Zheng Xiaojing: In such cases, the law does not restrict family members to invite forensic doctors, criminal investigation experts and other professionals to participate. In this case, the family members are currently experts such as forensic doctors arranged by the government. In my contact with my family members, I did not find that they questioned the impartiality and professionalism of forensic experts.

At the same time, we should also consider whether the family members have the resources to ensure that the experts they seek are stronger than the government, not only in terms of ability, but also in terms of credibility. In the future, if family members want to seek help from more professional and high-level forensic experts, our lawyers are also willing to help.

Source: Zhejiang Satellite TV - China Blue News Client, Hualong.com - New Chongqing Client

Editor: He Qianyuan