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Wrongly Convicted Database Record
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Charge: |
Intentional injury |
Sentence: |
Death - then 15 years |
Years Imprisoned: |
15 |
Year Crime: |
2002 |
Year Convicted: |
2002 |
Year Cleared: |
2019 |
U.S. State or Country of Crime: |
China |
County or Region of Crime: |
Henan |
City of Crime: |
Xuchang |
Result: |
Judicially Exonerated |
Summary of Case: |
"Cao Hongbin was wrongly convicted in December 2002 and sentenced to death for the crime of inflicting an intentional injury on his wife in Huchang, in China's Henan Province. Hongbin was a small shop owner, and his prosecution was based on him calling the police at 2 am on April 20, 2002 to report that when he came home he found his wife on the ground with blood all over her face. She was taken to the hospital and recovered even though she was "seriously injured." Police determined she had been injured by a stone. Hongbin became a suspect and was detained for questioning. He was formally arrested on May 10, 2002 and charged with inflicting an intentional injury. After his conviction in the Intermediate People's Court Hongbin was sentenced to death. Hongbin appealed, and the Henan High People's Court sent his case back to the trial court for a rehearing. In 2004 the Intermediate People's Court affirmed his conviction but resentenced Hongbin to 15 years in prison. Hongbin appealed. His case was sent back to the High People's Court, and then again the Intermediate Court, which did not hold a retrial, but sent the case to a court in Yanling County for a rehearing. In late 2005 the County court affirmed Hongbin's 15 year sentenced,which was upheld by the Intermediate People's Court in 2006. Because he did not pled guilty, Hongbin was not given a commutation, and had to serve his entire sentence. Hongbin was released on April 20, 2017, while his case was still being appealed. In April 2019 Hongbin's retrial began in the People's Court in Yuzhou, a city in Henan Province. On May 13, 2019 the People's Court acquitted Hongbin of intentional injury on the basis of insufficient prosecution evidence to prove his guilt. The Court stated it was acquitting him "as the evidence in his case was not complete to prove his behaviour constituted the crime of intentional injury." The 53-year-old Hongbin told reporters "I was excited. I've waited for my innocence for 17 years." He said he will apply for compensation for his wrongful conviction and 15 years of imprisonment. Hongbin's wife still suffers from the effects of her injury, and lives with the son she had with Hongbin." |
Conviction Caused By: |
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Innocence Proved By: |
"On May 13, 2019 the Court acquitted Hongbin of intentional injury on the basis of insufficient prosecution evidence to prove his guilt. The Court stated it was acquitting him "as the evidence in his case was not complete to prove his behaviour constituted the crime of intentional injury." The 53-year-old Hongbin told reporters "I was excited. I've waited for my innocence for 17 years." He said he will apply for compensation for his wrongful conviction and 15 years of imprisonment." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
36 |
Age When Released: |
51 |
Sex: |
Male |
Skin/Ethnicity: |
Chinese |
Information Source 1: |
"Man in China has conviction overturned after 15 years, By Cao Yin, China Daily - Asia News Network, May 15, 2019" |
Information Location 1: |
https://www.asiaone.com/china/man-china-has-conviction-overturned-after-15-years |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org