A 45-second short video allegedly "untrue" has caught Guangdong Huizhou woman Roo Yao in the twilight of criminal prosecution for more than two years.
The first trial was sentenced to one year and eight months, the second trial sentenced to re-trial with "unclear facts"; the first trial once again made a guilty sentence after the re-trial of the case, and the second trial again withdrawn with "procedure violation of law".
In May, the People's Procuratorate in Huizhou, Guangdong Province, finally withdrew the prosecution on the grounds that "the existing evidence is insufficient to confirm the conduct of Lu Yao Ying to publish a fake video."
Subsequently, the people's court of the Huiyang district decided to compensate Ms. Lo for a total of more than 43,7 thousand yuan for personal freedom and mental damage, and apologized for its elimination, restoration of honour, and compensation.
Roosevelt received a decision on compensation.
for a short video.
Accused of provocation.
Ro Yao Ling told the cover reporter that in May 2021, her headquarters in Huizhou, Huizhou, Huizhou district of freshwater streets to "transform the rural living environment" based on the construction of sewage treatment facilities on the land they cultivate.
During the construction, the bulldozer buried the crops. Ro Yao Ling said that they had been cultivating on it for more than thirty years.
At 1 a.m. on September 3, 2022, a 45-second short video appeared quietly on the short video platform. In the video, both construction machinery and people were working, and the video quickly fermented.
It was this video that completely changed the life trajectory of Ro Yao Ling.
Eleven days later, the university undergraduate law graduated, the 37-year-old woman was taken away by the police, and was detained and arrested for suspicion of provocation.
The Prosecutor’s Office of the Huiyang District has filed a lawsuit claiming that Roi Yaoang used video platforms to publish fake videos to cause serious disorder in public order, however, this was only the first scene of a long judicial war.
The land cultivated by the Ro Yao family was filled.
Two years of trial:
The “death circle” of a case.
Against the accusations of the prosecutors, Ro Yao Ling always argued that the video involved in the case was not its production, publication, and the account of the video was not its registration.
On October 27, 2023, the People's Court of Huizhou Huizhou District issued a first-instance judgment: Rao Yao Ling was convicted of provocation and infection and sentenced to one year and eight months in prison.
Rouhani rejected the judgment and appealed.
On March 1, 2024, the middle-level people's court in Huizhou revoked the original judgment on the grounds of "unclear facts and insufficient evidence" and reinstated the trial.
At the time of the re-trial, the Huan District Court separately formed a joint council and again opened the trial of the case.
On September 9, 2024, the Huiyang District Court issued the same conviction, and the sentence was still one year and eight months.
In this regard, Ro Yao continued to disobey and appealed again.On July 17, 2025, the second judgment of the middle people's court in Huizhou, the case was re-examined.
Two first-instance convictions, two second-instance rulings and re-trial
- the case has fallen into the "death cycle" of justice, and at this time Ro Yao Ring has spent 608 days and nights in the detention center.
Decision on Compensation.
The chain of evidence broke.
Prosecutor’s final appeal
During the second re-examination, a crucial turnaround occurred.
On March 24, this year, the People's Procuratorate of the Huiyang District requested the court to withdraw the prosecution, on the grounds that "proofs are insufficient and do not meet the conditions for prosecution."On May 13, the Prosecutor's Office officially issued the "no prosecution decision", which clearly stated that "the existing evidence is insufficient to confirm the behavior of Roo Yao Ling to publish a fake video."
As a result, the criminal prosecution, which lasted four years, ended when Ro Yao Ling was found innocent by law.
In the decision not to prosecute, the prosecutor acknowledged that the land involved in the case is indeed government reserve land, but whether the video material is the "false matching" of the Lo Yao Ring, whether the subject of the release is the only one pointing to the Lo Yao Ring
- the evidence chain has not formed a closed circle in the key link.
Witness Pong Mou Hoi said that although he acknowledged that Lu Yao Ring provided material for him and commissioned the clip, Lu Yao Ring always justified "the video was released by other people's operation", and the video platform's background log-in device and IP track data failed to be fully picked up, making "who pressed the publishing key" a puzzle that can not be ruled out reasonable doubts.
On July 14, the People's Court of Huiyang District issued a state compensation decision: the total compensation of 437220.70 yuan to Rao Yao Ring, of which 301531.52 yuan to compensate for personal freedom, and 135689.18 yuan to compensate for mental injury.
In the decision to pay compensation, the court wrote that Ro Yao Ring was detained for 608 days, in accordance with the legal circumstances that "caused serious consequences"; his son was taken away because his father was taken away, "taking the knives and the police hard work", and then suffered from severe depression and other mental illnesses, and also considered mental damage relief when appropriate.
Reporters contacted the People's Procuratorate of the Huiyang District on relevant interviews and sent an interview request, and the staff of the Chamber said they would respond to it.
Lawyer Release Law:
Progress in the correction of wrongs and repair of the rule of law
Zhao Xiaobo, a senior partner of the Shaanxi Hengda law firm and a well-known public interest lawyer, believes that the Ro Yao case reflects the progress of the rule of law in both the mechanisms for correcting errors and the repair of rights.
At the level of correction, the case withdrew the prosecution and made a suspicion not prosecution, avoiding the wrong and guilty judgment, is an important closure in the trial phase of "correction of mistakes".
But two re-trials, two guilty convictions, long-term detention of the parties, also exposed the shortcomings of evidence review delay, indicating that there is still need to strengthen substantive review, standard re-trial application, to prevent the repeat cycle of cases.
On the level of right rectification, the judgment in this case not only compensates for the loss of personal freedom, but also orders forgiveness and eliminates the impact, which reflects that the correction of the wrong case can not be stopped by "leaving people to money", but also must repair the damage to reputation.
Particularly remarkable is the fact that the courts have incorporated the psychological trauma of minors into the comprehensive consideration of mental damage, marking the transition of justice from “only counting days of detention” to assessing the damage to the family chain, allowing the spiritual comfort to truly return to the legislative intention of compensating for personal interest damage.
Zhao Xiaobo's lawyer stressed that this case has a demonstrative value for cases involving people's livelihoods
- citizens' reasonable rights should not be easily punished, and public authority prosecution must strictly observe the standards of evidence.
(Images provided by the respondents)
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