The defendant is an official. He was arrested on February 3, 2003 on suspicion of intentional homicide.
The People's Procuratorate of Dongguan City, Guangdong Province filed a public prosecution with the Intermediate People's Court of Dongguan City, Guangdong Province on the charge of intentional homicide.
The defendant Guan argued that the purpose of covering the victim's nose was to stop the victim from making a sound, not to kill the victim intentionally.
His defender argued: 1. The defendant's official behavior does not constitute the crime of intentional homicide, but it constitutes the crime of negligent death. The reason is that, first of all, the defendant and the victim are lovers and have a good relationship. The defendant subjectively did not intentionally deprive the victim of his life. At the time of the incident, the defendant covered the victim's nose and mouth to prevent the victim from making any noise; Secondly, although the defendant objectively caused the death of the victim, it was caused by the defendant's negligent behavior. 2. The defendant is in custody and has surrendered himself. 3. This case was caused by a love dispute, and the victim was at fault for the occurrence of this case. 4. The defendant has a good attitude towards confession and repentance, and has no criminal record. He is a first-time offender and an occasional offender.
The Intermediate People's Court of Dongguan City, Guangdong Province found through public hearing that the defendant Guan and the waiter of Qiaotou Town Hotel in Dongguan City established a love relationship in May 2003. Since then, I have repeatedly proposed to break up with the defendant, but I have not agreed. At 3 o'clock in the afternoon of June 5438+065438+1October 15, 2003, I checked into Huacui Hotel, Qiaoguang Avenue, Qiaotou Town, Dongguan City, and checked into Room 304 with my ID card. At 2: 30 am on June 6, 65438, they met at the intersection of Oriental Entertainment City in Qiaotou Town, and the latter two returned to Room 304 of Huacui Hotel together. They broke up again, but Guan refused, so they quarreled. When Guan was angry for a while, he used the method of covering his nose and mouth and pinching his neck with his hand, causing suffocation and death (after forensic identification, it was mechanical suffocation caused by covering his nose and mouth and pressing his neck). Later, Guan's body was stuffed under the bed and checked out at 7 am to escape from the scene. On the 28th of the same month, the defendant Guan was questioned by the patrol police of Dongshi Police Station of Xinzhou Branch of Shangrao Public Security Bureau of Jiangxi Province for his suspicious behavior, and the defendant confessed the fact of intentional homicide.
The Intermediate People's Court of Dongguan City, Guangdong Province held that the defendant had no national laws tomorrow, and he was resentful because the woman in love proposed to break up with him. He illegally deprived the victim of his life by covering his nose and mouth and pinching his neck, resulting in one death. The consequences are serious, and his behavior has constituted the crime of intentional homicide. The public prosecutor accused the defendant of the crime. However, the defendant Guan obviously has the plot of surrender and can be given a lighter punishment.
In order to prevent the victim from making a sound, the defendant offered to cover the victim's nose and mouth, and did not intend to kill the victim. The defendant Guan Zhiming's behavior mentioned by his defender does not constitute the crime of intentional homicide, but it constitutes the crime of negligent death. After investigation, the defendant covered the victim's nose with his hand and was pushed away by the victim. Then he overturned the victim on the bed, sat on the victim's stomach and punched the victim's neck with his hand until the victim died. The defendant is an adult with full criminal responsibility. He knew that covering his nose and mouth and pinching his neck would inevitably lead to the death of the victim, but he still carried out the act and actively pursued the death of the victim. This reflects that the defendant has the intention of illegally depriving the victim of his life subjectively, and his behavior fully conforms to the legal characteristics of intentional homicide, which constitutes the crime of intentional homicide according to law. This defense opinion of the defendant and his defender is not justified and will not be adopted.
The defender pointed out that the defendant Guan had surrendered himself and had a good attitude of pleading guilty and repenting. He is a first-time offender and an occasional offender. After investigation, the defendant was detained in a second-hand mobile phone shop in Shangrao City, Jiangxi Province, and was taken back to the police station for examination because of his suspicious behavior. During the examination, the defendant voluntarily and truthfully confessed the criminal facts of killing the victim Zhang Aihua, but the local public security organ has not yet mastered it, so it should be considered as surrender according to law. The defendant has a good attitude of pleading guilty and repenting, and has no criminal record. He is a first-time offender, and it is also a fact that he commits it occasionally. The above defense opinions of the defender shall be adopted.
The defender pointed out that this case was triggered by a love dispute and the victim was at fault for the occurrence of this case. After investigation, this case was indeed caused by a love dispute, but the freedom of love is a legal right given to every citizen by law. The victim has the right to fall in love with the defendant and the freedom to break up with the defendant. The victim wanted to break up with the defendant, and there was no obvious fault. This defense opinion of the defender was not adopted.
According to Articles 232, 48 (1), 57 (1), 67 and 64 of the Criminal Law of People's Republic of China (PRC) and Article 1 (1) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Cases of Surrender and Meritorious Service, the verdict is as follows:
The defendant was convicted of intentional homicide, sentenced to death, suspended for two years, and deprived of political rights for life (the period of suspended execution of the death penalty is counted from the date of the judgment).
After the verdict was pronounced in the first instance, the defendant refused to accept it and appealed.
After trial, the Guangdong Higher People's Court held that the appellant Guan ignored the national laws, resented the victim's request to break up with him in the process of love, and illegally deprived the victim of his life by covering his nose and mouth and pinching his neck, which constituted the crime of intentional homicide. And one person died, the circumstances and consequences are serious, and the crime should be sentenced to death and executed immediately. However, in view of the fact that the official has clearly surrendered himself and pleaded guilty, and is a first-time offender or an occasional offender, there is no need to execute the death penalty immediately. The original judgment found that the basic facts were clear, the basic evidence was true and sufficient, the conviction was accurate, the sentencing was appropriate, and the trial procedure was legal. Guan's appeal and the defense lawyer's defense request were given a lighter punishment again, and his defense opinion could not be established after investigation and was not adopted. In accordance with the provisions of Item (1) of Article 189 of the Criminal Procedure Law of People's Republic of China (PRC), the ruling is as follows:
Reject the appeal and uphold the original judgment.
According to article 20 1 of the criminal procedure law of People's Republic of China (PRC) and the enforcement law of the Supreme People's Court
The first paragraph of Article 278 of Interpretation of Several Issues stipulates: This ruling is a criminal ruling that approves the appellant Guan Zhiming to commit intentional homicide, sentence him to death, suspend execution for two years and deprive him of political rights for life.