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No. 2 of Three Model Cases on "Strengthening Criminal Procuratorial Supervision and Promoting Criminal Judicial Impartiality" Published by the Supreme People's Procuratorate: Handling a Protest Lodged Against a Case Where Xu [REDACTED] Was "Acquitted" for Carrying Drugs by the Supreme People's Procuratorate
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最高人民检察院发布三起“加强刑事检察监督促进刑事司法公正”典型案例之二：许某运输毒品案——最高检办理许某运输毒品“无罪”抗诉案
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【法宝引证码】
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- Legal document：
Judgment
- Judgment date：
05-25-2020
- Procedural status：
Retrial
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| No. 2 of Three Model Cases on "Strengthening Criminal Procuratorial Supervision and Promoting Criminal Judicial Impartiality" Published by the Supreme People's Procuratorate: Handling a Protest Lodged Against a Case Where Xu [REDACTED] Was "Acquitted" for Carrying Drugs by the Supreme People's Procuratorate | | 最高人民检察院发布三起“加强刑事检察监督促进刑事司法公正”典型案例之二：许某运输毒品案——最高检办理许某运输毒品“无罪”抗诉案 |
| [Basic Facts] | | 【基本案情】 |
| At 23: 34 on October 23, 2013, defendant Xu [REDACTED] resisted police inspection and raced away by driving a car at the exit of the highway toll-gate in Gangkou District, Fangchenggang City, Guangxi Zhuang Autonomous Region. He then abandoned the car and escaped. The police officers seized over 3,500 g of methamphetamine 660 g of ketamine, and other drugs in the car. It was found upon investigation that the car was rented by Xu [REDACTED] before committing the offense and the sound box and handbag for keeping drugs, mobile phone, bank voucher, clothes, cigarette butts, and other articles were all left by Xu [REDACTED]; the mobile phone with the number of 186xxxxxx89 used by Xu [REDACTED] before and after racing away from the exit and the GPS of the car had the same activity tracks and the mobile phone number was subscribed by Xu [REDACTED] with his real name. In 2015, Xu [REDACTED] pleaded not guilty after being arrested. He said that he rented his car to someone else in Lianjiang City, Guangdong Province and he had never driven the car to Fangchenggang City. | | 2013年10月23日23时34分，被告人许某驾驶一辆轿车途经广西防城港市港口区高速公路收费站出口时，冲卡抗拒警察检查，后弃车逃匿。警察在该车内查获冰毒3500余克、K粉660余克等毒品。经查，该车为许某案发前租用，车内藏毒品的音箱、手提包和手机、银行凭证、衣服、烟头等物品均为许某所留；冲卡前后使用手机186******89与冲卡车辆GPS活动轨迹一致，该手机号码为许某实名开户。2015年许某被抓获归案后拒不认罪，称其在广东省廉江市将车借给他人，未驾车到过防城港市。 |
| Upon criminal investigation and prosecution, the Intermediate People's Court of Fangchenggang City (hereinafter referred to as the "Fangchenggang IPC"), on June 20, 2017, determined in the trial of first instance that it was true that Xu [REDACTED] carried drugs, and sentenced Xu [REDACTED] to death penalty. After Xu [REDACTED] appealed, the High People's Court of Guangxi Zhuang Autonomous Region (hereinafter referred to as the "Guangxi HPC") ruled to set aside the original judgment and remand the case for retrial. On December 28, 2018, the Fangchenggang IPC made a judgment the same as the judgment of first instance. After Xu [REDACTED] appealed again, the Guangxi HPC ruled, on May 25, 2020, that the charge that Xu [REDACTED] was guilty of carrying drugs was untenable. | | 案件经侦查、起诉，2017年6月20日，防城港市中级法院一审认定许某运输毒品犯罪事实成立，判处死刑。许某上诉后，广西壮族自治区高级法院裁定撤销原判，发回重审。2018年12月28日，防城港市中级法院作出与原一审相同的判决。许某再次上诉后，2020年5月25日，广西壮族自治区高级法院判决许某犯运输毒品罪不能成立。 |
| [Performance of Duties by the Procuratorate Organ] | | 【监督履职情况】 |
| 1. Lodging a protest. On January 5, 2021, the People's Procuratorate of Guangxi Zhuang Autonomous Region (hereinafter referred to as the "Guangxi People's Procuratorate"), upon review, held that the judgment made by the court of last instance was erroneous in determining that the acts of Xu [REDACTED] did not constitute a crime of carrying drugs and it requested the Supreme People's Procuratorate ("SPP") to lodge a protest. | | （一）提出抗诉。2021年1月5日，广西壮族自治区检察院经审查认为，终审法院判决许某犯运输毒品罪不能成立确有错误，提请最高检抗诉。 |
| ．．．．．． | | ．．．．．． |
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