CHINA / SOCIETY
China’s court orders retrial to woman convicted of trafficking 11 children for investigating all criminal facts
Published: Jan 08, 2024 02:01 PM
Yu Huaying, a native of Southwest China's Yunan Province, was found to have sought illicit benefits by abducting and trafficking the children from Chongqing and Guizhou to North China's Hebei Province between 1993 and 1996. Yu's behavior constituted the crime of child abduction and was sentenced to death by the Guiyang Intermediate People's Court on September 12. Photo: Sina Weibo

The High People's Court of Guizhou Province holds a court session to hear the appeal of Yu Huaying in the child trafficking case on November 28, 2023. Photo: High People's Court of Guizhou Province

The High People's Court of Southwest China's Guizhou Province has issued a second trial ruling on the child trafficking case of Yu Huaying, ordering a retrial. The court determined that the initial verdict failed to address additional child trafficking offenses committed by the defendant Yu, and certain facts remained unclear, China Central Television reported on Monday. 

One of the victims' lawyers said retrial will not bring significant impact on the final verdict, according to media reports. The court believed that in order to make a thorough investigation of Yu's criminal facts, a retrial should be conducted.

After the second trial held on November 28, 2023, the procuratorial organs found that the appellant, Yu, was also suspected in other criminal activities related to child trafficking in Southwest China's Yunnan Province following the public security organs' initial investigation. The suspected crimes have yet to be heard before a court.  

In order to comprehensively, and effectively combat crime and ensure the appellant's right to appeal in accordance with the law, it is recommended to remand this case for retrial, according to the report.

The reason for sending it back for retrial is that new evidence has been found that Yu was involved in other cases of human trafficking in Yunnan. In fact, the previous sentence was too lenient, but due to the previous verdict was already the maximum penalty, even if it is sent back for retrial, it will not have a significant impact on the final verdict, said Wang Wenguang, lawyer of Yang Niuhua, one of the victims, the Southern Metropolis Daily reported on Monday.

Yu, a native of Yunnan Province, was sentenced to death by the Guiyang Intermediate People's Court on September 12 for child trafficking for illicit gains, a series of offenses which date back to the 1990s. Yu was also deprived of political rights for life and was confiscated of all personal property. But Yu appealed the decision to a higher court. 

On November 28, High People's Court of Guizhou Province held a court session to hear the appeal of Yu in the child trafficking case.

During the court trial, Yu did not dispute the criminal facts related to trafficking of 11 children as determined in the first instance trial. Yu pleaded guilty in court and only raised the appeal argument of excessive sentence, according to the court.

Yu's lawyer argued that Yu had confessed and believed the sentence was too excessive and suggested a lighter punishment. However, the procurators argued that the sentencing was appropriate as the facts were clear, the evidence was reliable and sufficient, and the conviction was accurate. Yu's reasons for appeal were not valid and the procurators recommended the court to reject the appeal and uphold the original verdict.

Global Times