The button is used for the final statement.
On the morning of January 8, the case of Zhang deduction intentional murder and intentional destruction of property was heard in the Hanzhong City Intermediate People's Court in Shaanxi. The first instance of the court was as follows:from
The defendant detained the crime of intentional homicide, sentenced to death, deprived of political rights for life, committed deliberately destroying property, sentenced to four years in prison, decided to execute the death penalty, and deprived of political rights for life. Hanzhong City People's Procuratorate of Shaanxi Province
Public prosecution opinion
Defendant: Zhang buckle
Case: Intentional homicide, deliberate destruction of property
Indictment number: (omitted)
Presiding judge, judge, and people's jurors:
On February 15th, 2018, at the 30th day of the Lunar New Year, people were in a festive and peaceful atmosphere to celebrate the Spring Festival. The defendant Zhang detained the intentional murder and deliberately destroyed the property. Because the means of committing the crime was particularly cruel, the plot was particularly bad, and the harmful consequences were particularly serious, causing the panic and panic of the local people, which even triggered the shock and widespread concern of the people throughout the country.
After the case occurred, the procuratorial organs attached great importance to it. In the subsequent process of reviewing arrests, reviewing and prosecuting, the stipulations of handling cases were strictly enforced, the time limit for handling cases was observed, and the procedures were legally ensured to ensure the fairness of the cases.
According to the provisions of Articles 889, 198 and 209 of the Criminal Procedure Law of the People's Republic of China, we are appointed by the People's Procuratorate of Hanzhong City, Shaanxi Province, as the national public prosecutor. Attend today's court, support public prosecution, and perform legal supervision in accordance with the law. The following opinions are expressed on the evidence and the circumstances of the case, and the court is invited to pay attention.
1. The accused’s sin of deliberate homicide and deliberate destruction of property was clear and the evidence was sufficient.
Through today’s court testimony, we have fully proved the criminal facts of the accused who accused the indictment.
1. More than 20 people at the scene witnessed the whole process of the defendant's deduction and destruction of property.
At the time of the incident, at noon in the 20th year of the 20th year, when the villagers of Sanmin Village returned to their ancestors, the defendant Zhang buckled his head wearing a black long hat, wearing a dark mask and a pink T-shirt on his neck, suddenly broke into the crowd. Holding a single-edged knife prepared in advance, first of all, the unsuspecting Wang Zhengjun cut his throat and stabbed him to the ground; when the people panicked and fled, they chased the king's army and stabbed their chest and chased them to the roadside ditch. In the repeated puncture of its vital parts, after killing it, he quickly returned to Wang Zhengjun for a second sting; then broke into Wang Zixin’s home and repeatedly smashed Wang Zixin to death on the spot. After returning to his home, he took out the prepared kitchen knives and homemade gasoline burning bottles, went to the victim's Wang Xuejun's car parking lot, slashed and burned the car, and threatened the guns of the villagers who came to stop. Each of the above detailed procedures has been proved by a number of witnesses.
2. The collection of objective evidence collected in the case can be locked into the case of the defendant.
The bloodstains of the three victims were identified on the clothing worn by the defendant's button, which proved that the blood was caused by the splash of three buckles in three different locations. Two or more bloodstains were detected on the single-edged knife of the crime tool identified by the buckle. The concealed evidence proved that it was the weapon held by the three buckles when the victim was killed, and was discarded after the incident; after burning the vehicle The bloodstain of the buckle was detected on the kitchen knife extracted from the seat, which proved that the buckle was the result of injury to the victim when the three victims were stabbed in succession, and then the kitchen knife was used to hit the victim vehicle. The above physical evidence was respectively passed to the defendant. The identification of the relevant witnesses will be confirmed, and the identification opinions will be mutually confirmed, and it can be confirmed that the defendant has detained the criminal act of the case.
The above evidence combined with other evidences such as on-site investigation, autopsy appraisal opinions, relevant witness testimony and defendant confession, has formed a complete chain of evidence, which fully proves the criminal facts of the accused accused by the indictment deliberately killing and deliberately destroying property.
Second, the accused Zhang’s deduction of criminal means is particularly cruel, the consequences are extremely serious, and the society is extremely harmful.
1. This case is a serious violent crime with premeditated and prepared preparations.
The defendant Zhang passed the window in his home a few days before committing the crime. Observe and analyze the activities of the victim's family. After mastering the law of the entry and exit activities of the victim's family, he waited for an opportunity to commit a crime. A single-edged knife and a toy pistol were purchased in the market town. Taking into account that the victim may drive to avoid, and borrow other people's motorcycles, from which gasoline is extracted to make multiple burning bottles. At the same time, it is also prepared to disguise its own masks, long hats and other items, and carefully prepare for crime. During the incident, the defendant held a single-edged knife and repeatedly stabbed the deadly parts of the three victims. When Wang’s army was stabbed, he returned to Wang Zhengjun, who had fallen into a pool of blood, to continue stabbing. After Wang Zixin, who had been stabbing for seven years in a row, he suspected that he had fallen to the ground and opened his clothes. Collar, fill the knife in the neck. The autopsy showed that the victim Wang Zhengjun was 24 knives, Wang Zuojun was 9 knives, and Wang Zixin was 16 knives. The 49 knives mainly focused on the victim's chest, abdomen, neck and other vital parts, which showed his murder and determination. Fierce.
2. This case is a vicious case with extremely bad social impact.
The time of the defendant’s selection of the deduction was the most important traditional Chinese holiday for the Chinese, and the noon of the New Year’s Eve at the end of the year. The location of the crime was chosen by the village committee and the villagers’ return home. On the way; the timing of the choice was at the time when most of the villagers reunite and return to their hometowns; in the broad daylight, in the eyes of the public, before the old and the weak, deliberately disguised, openly committed and killed three people. The act of terror caused the surrounding people to be horrified, feared and fleeing. After arson burned the car, the rifle threatened people who came to dissuade them and fled after committing the crime. Its great personal danger has also cast a shadow over the people's psychology, and it has also caused great panic to the society.
Third, the defendant’s deduction is extremely malignant and the crime is extremely serious and should be severely punished according to law.
Throughout the case, whether it is before, during or after the crime, it deliberately resolutely defied the law to carry out violent crimes, and even has not expressed any remorse, which shows its subjective malignancy.
1. Before committing the crime, the object of the crime chosen is not only three victims. Zhang buckle has repeatedly confessed that "I originally wanted to wait for the second child to come back and revenge, but the second child has never come back, I can't wait to get started." In fact, from the perspective of his criminal preparation, he is waiting for the victim's family sacrifice. During the ancestors, the four men were present at the same time of killing. The killings also included Wang Fujun, the second son of Wang Jiajun. However, Wang Fujun had not returned for the reason, and Zhang buckles failed to succeed.
2. After committing the crime, the case is not the true meaning of accepting the legal sanctions. After the case was filed, the confession "I have been running away since I committed the crime. I have avoided the arrest of your police. I have no way to escape. I have no money or food to eat. I will not be able to take advantage of my character." I chose to surrender mainly because I have no money. If I have money, I will definitely not surrender. I can run as far as I can." It can be seen that the case is only for nowhere, and I have no money and no trust. The forced actions were made under the objective pressure of relatives and friends and at the same time being arrested by the public security organs.
3. After the case, deliberately misleading the investigation and wasting judicial resources. At first, Zhang buckled deliberately made false statements about the whereabouts of the murder weapon. Misleading the investigators spent a lot of manpower, material resources and financial resources to salvage in the wrong place. The purpose was to "I just let a place let your police slowly go fishing. The waters of Lutoutou are more complicated. The water surface is relatively large, it is more difficult to salvage, and it is more difficult for your police to work hard. Anyway, you don't want you to get a knife to destroy the evidence. It shows that it is against reconnaissance, not willing to repent, and wasting the malicious resources of judicial resources.
4. To this day, the accused still has no repentance. The defendant Zhang buckled and murdered three victims in public. It should be recognized that no one has the right to illegally deprive others of their lives. It should be recognized that their actions will cause extreme suffering to the families of the victims. It should be recognized that their actions have caused panic and anxiety among the masses and destroyed them. The festive atmosphere of stability and peace; it should be recognized that its behavior seriously undermined social order and social harmony; in this regard, the defendant Zhang buckle should express remorse to the relatives of the victims, and should express remorse to the fathers and relatives. However, the defendant Zhang buckled until today’s trial, still insisting on his so-called “revenge”, pleading guilty but not repenting.
The above four points show that although the defendant’s deduction is a self-respecting plot in court, his subjective malignancy is extremely deep, and there is no repentance after the crime. The criminals who are extremely serious crimes are not enough to punish them lightly and should be severely punished according to law. .
Fourth, the accused Zhang buckles to the root of crime
After the case occurred, the defendant Zhang buckled that his murder was “revenge for his mother”. His father Zhang Furu and his sister Zhang Libo also claimed to the media that the fact that the mother was killed and the case was unfair in 1996 triggered the case. Is the truth true?
1. To reveal the root causes of the crime in this case, it is necessary to understand the working life experience of the defendant.
The defendant Zhang buckled and went out to work after graduating from junior high school. During the period, he was defrauded for finding a job. After two years of service in 2003, Zhang buckled back to his hometown and used the money he had worked hard to help build a new house twice. But this is what he wants. There are money and cars, and the goal of self-driving tour is far away; in order to earn more money, they choose to do business with others, and when they are transferred to Anhui, Henan, etc., they are twice cheated by pyramid schemes; People's own educational level is not high, learning adaptability is not strong, and there is no skill. Although working in Hangzhou and other places, the income is not high enough to satisfy their tourism hobbies. Later, in order to make a big profit as soon as possible, I went to Argentina and Fiji to work in the ocean freighter. However, in just three months, I returned to my hometown in August 17 because of the hard working environment, lower income than expected, and bad friends. Before the incident, he did not go out to work. During his stay at home, he also had many arguments with his father because he did not have a family, needed money to pay for electricity, and repaired a house.
Throughout the work experience of Zhang buckles, it is not difficult to see that with the rapid development of China's economy, going out to work and doing business will face various difficulties and challenges. It is necessary to continuously enrich its knowledge reserves, enhance competition awareness, improve its own skills, and increase social experience. . However, Zhang buckles have an unclear understanding of their own abilities. After encountering setbacks, they do not look for their own reasons, reflect on their own shortcomings and shortcomings, and do not adapt to the current competitive environment by changing and improving themselves. Instead, they are so high and far-reaching, as their confession Working and working, both hands are empty, only one life is left in poverty, and there is no hope for the future and confusion for life."
2. To reveal the root causes of the crime in this case, it is necessary to explore the true psychological activities of the accused.
The defendant Zhang buckles can not face correctly in the face of setbacks. His own confession "I have been cheated many times outside, and I have been deceived many times. Life and work are not very smooth. This society has no human feelings, and there is no trust between people. Since I was deceived I don't believe anyone, I only believe in money, because money is omnipotent, so I will find ways to make money, not earning money, plus I have traveled many times, spending a lot of money, and I don't have much deposit on hand. The pressure of thought is very large, and I often can't sleep at night. This shows that Zhang buckle has been caught in the misconception of money supremacy because of his unsatisfactory work and life. Later, when he returned home, he could completely eliminate negative emotions because he could not self-resolve. It is attributed to others and is caught in a larger logic of error. He said, "I am a person who is not willing to live a lifelong life. If I have been through my life, I will die. I saw Wang Zixin’s three sons in my window that day. Sanwa, I was thinking that my mother was killed by a stick 22 years ago. Wang Sanwa thinks this thing has passed to him, but for me this is the case. There is no end I think the chance for revenge came, so I had to kill the king three baby ideas "; visible at this time Zhang has been buttoned because there is no way to vent, and the choice of the victim as a catharsis object. In fact, he used the banner of "revenge for his mother" to cover up his unsatisfactory work life; his motive for killing was not caused by the 96-year case, but because of his own reasons, he was dissatisfied with the status quo of life and lost for the future. Confidence, the export sought for venting its emotions. Therefore, it is confessed that "If I live a good life, I have money to marry my wife and have children, and there will be no tragedy of murder today." In this regard, his sister Zhang Libo also proved that "my brother Zhang buckles if they get married early, they will There will be no murder. He has a family, and he has concerns in his heart. He has to think about things more." Therefore, the 96-year case is just an excuse for smashing and killing people.
3. To reveal the root causes of the crime in this case, it is necessary to clearly distinguish the facts of the 96-year case.
After the case was filed in 1996, the case was appealed and appealed by the Zhang buckle family. It has been examined by the Hanzhong Intermediate People's Court and the Shaanxi Provincial Higher People's Court. The 96-year case judgment is valid according to law and there is no judicial injustice. In accordance with the law, the two courts reviewed the physical and procedural parts of the case, including the media’s concerns such as “Zhang Furu’s appeal to the original judgment, whether Wang Zhengjun was a minor or not. The circumstances of the package, why Wang Zhengjun was convicted of intentional assault, whether there was a situation affecting a fair trial, how the compensation was determined, and why Wang Zhengjun was granted parole, and other issues were reviewed and the ruling was made according to law. It has also been shown in detail. Our institute also conducted a review of the 96-year case in a realistic, objective and fair manner. Whether the factual determination was accurate, whether the evidence was sufficient, whether the applicable law was correct, whether the sentence was appropriate, and whether the sentence was in compliance with the law was carried out. Verification, no any inconvenience was found, consistent with the conclusions of the two-tier court on the criminal part of the case.
In 1996, the case was triggered by trivial matters in the neighborhood. Zhang Xiuping’s mother, Wang Xiuping, first spit on Wang Fujun’s face, causing a flat iron to injure Wang Zhengjun’s head and face and bleed after the quarrel. Wang Zhengjun only temporarily picked up the stick from the scene. , hitting his head, and then there is no other harm. These facts have the deduction of his father Zhang Furu, his sister Zhang Libo and several other witnesses, and Zhang Libo proved that Wang Zhengjun and her were under the age of 18 at the same age; therefore, the original judgment found that the victim’s mother Zhang Xiuping was at fault and determined that the injury behavior It is undoubted that Wang Zhengjun did not have the problem of top-loading. It was undoubted that Wang Zhengjun was a minor when he committed the crime. He applied the law correctly for the conviction of intentional injury, and he was sentenced to a sentence of seven years in prison. This shows that whether it is a review of the present or the past, the judiciary is based on facts, using the law as the criterion, allowing the evidence to speak, rather than subjective judgments of any individual. Twenty-two years ago, in the 96-year case, the testimony of six on-site witnesses was the same, including Zhang Furu, the father of Zhang buckle, and Zhang Libo, sister. Why is it because Zhang Furu and Zhang Libo made a statement contrary to the original testimony? Questioning the annual case? Many of these questions are misunderstandings of facts. Why did the Zhang family not question any of the problems of the case 22 years ago? Why is Zhang Libo, the sister of Zhang buckle, know that Wang Zhengjun was under the age of 18, but now he is questioning his age? Why did Zhang Libo and Zhang Furu make the opposite statement to the media after the case was filed? Apparently, in the absence of any problem in the criminal part of the 96-year case, the basic purpose of these questioning reasons was not the original 96-year case, but the excuse for the smuggling of the shackles.
Therefore, the three aspects of the root cause of the crime of Zhang buckles disclosed above are sufficient to show that the case is more than one cause. Zhang buckles completely attribute all the dissatisfaction in their life and work to the death of their mother and the actions of the Wang family. Under this ridiculous logic, under this severely distorted psychological control, this kind of violation of heaven, national law and human condition is finally used. The extremely cruel way to vent their dissatisfaction with life to escape the predicament in reality, this is the real motivation for the shackles.
5. Warning education in this case.
The reason why this case is highly concerned by the media and the public is that the focus of the case lies in the relevance of the case and the 96-year case. Is “revenge for the mother” the motive for killing? Is there any judicial injustice in the 96-year case? These two issues have aroused widespread concern of the public, and most of the discussions on the Internet have no basis for evidence. Legal judgment based on evidence and facts is the attitude that modern civilized society should have for any wrongful act. Focusing on these two issues, the public prosecutor based on the factual evidence of the case and put forward the following opinions in light of the characteristics of the case.
1. Extremely selfish personal “envy” is by no means an excuse and reason above the law.
The defendant Zhang’s deduction in this case carried out the so-called “revenge for the mother” murder, which is a criminal act strictly prohibited by China’s criminal law. As we all know, murder is not right or wrong at all. The rule of law society can only use legal means to resolve contradictions and problems. No one has the right to use other means than the law to punish others. If everyone abuses lynching as a messenger of justice, then everyone can ignore the law and arbitrarily sin, so how can the social order be stabilized and how can social harmony be realized? To fight for a tooth and to violent violence will only put the society in a state of chaos and disorder, and must be resolutely put an end to it. If the "hero tag" of "revenge for the mother" is attached to the button of the three people, it confuses the basic concept of right and wrong in a society ruled by law.
What's more, the defendant Zhang buckle in this case is just an excuse to "revenge for the mother" to vent their own pressure and grievances of unsatisfactory life. If everyone encounters setbacks, difficulties, and unhappiness, and does not seek legitimate and legitimate ways to solve problems, but violates legal provisions and retaliates against others or society, what security is there? In a society ruled by law, the fair and fair code of conduct has never been a good intention, not a personal likes and dislikes, but a good law that reflects the common will of the group.
2. Promoting the improvement of judicial credibility and advancing the rule of law in the country requires the masses and the media to be more legitimate, rational and effective.
Since the occurrence of the case, the participation of the public through the Internet is extremely high, reflecting that the people's rule of law is constantly improving. The judiciary also regards mass supervision and public opinion as an "accelerator" for improving the credibility of the judiciary. Therefore, our judiciary must always regard facts and laws as our adherence principles, so that the people can feel fairness and justice in every case. However, the construction of a society ruled by law, the maintenance of a good order, and the establishment of judicial credibility require not only the justice of the judiciary, but also the joint efforts and maintenance of the public. It is necessary for everyone to observe with a rational and peaceful perspective, and do not take it for granted.
For example, in this case, the defendant Zhang Furu and his sister Zhang Libo made some remarks that were inconsistent with the facts of the 96-year case after the incident, which caused various doubts and caused bad social influence. Today, we have already revealed the truth of the case in court. When we face other cases again, what kind of reflection should we have? In addition to curiosity and compassion, do we need a peace of mind, rational understanding, rigorous thinking, and awe of the unknown, while trying to understand and explore the truth? In the face of judicial cases that we have not personally experienced, can we no longer believe in guesses and inferences that are not supported by evidence, and no longer believe in rumors and spread rumors? Can we polish our eyes and say firmly to those acts that make up the case and use our simple sense of justice to maliciously hype? In particular, the negative and harmful information such as bloody violence, horror and horror, online rumors, title party, hatred and agitation are clearly discerned and resolutely contained.
We believe that through the joint efforts of the broad masses of the people, legal workers, judicial organs at all levels, functional departments and public opinion media, the public's belief in the rule of law and the credibility of the judiciary will continue to improve, and the goal of comprehensively governing the country according to law can be realized at an early date. .
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