Progress in Luquan Dong Junhui case

No, the details are as follows

Dong Junhui is from Yetong Town, Luquan City. On June 23, 1999, Dong, his brother Dong and other family members tied her husband Wu Yanting to a tree in the courtyard. Dong Junhui poured gasoline on Wu and ignited it, causing Wu to suffer burns and died after rescue efforts failed. On September 20, 2000, the Shijiazhuang Intermediate People's Court found that Dong Junhui and Dong participated in the murder of Wu Yanting, and sentenced Dong Junhui to death and Dong to life imprisonment for intentional homicide. The remaining three defendants were sentenced to fixed-term imprisonment for illegal detention. None of the defendants appealed, and the Hebei Provincial Higher People's Court remanded the case for retrial, reiterating that the facts were unclear. On September 4, 2002, the Shijiazhuang Intermediate People's Court made another first-instance judgment, upholding Dong Junhui's original verdict and sentencing Dong to fixed-term imprisonment for illegal detention. The defendant appealed again.

Dong Junhui put forward some circumstances in the appeal: the victim abused the defendant for a long time and threatened him not to divorce, saying, "If you divorce, I will kill you and your family." March 1999 On the 28th, the victim Wu Yanting chased the defendant Dong Junhui with a wooden stick. Dong took advantage of the dark and power outage to escape from home and never dared to go home again. Two days before the incident, on June 21, 1999, Wu Yanting took a wrench to Dong Junhui's house and threatened Dong Junhui, "I will kill you if you don't go back." On the afternoon of the 22nd, Wu Yanting once again took a gasoline barrel to Dong Junhui's house and tried to set fire to it. . There were two witnesses to the incident and a police record is available at the Yip Tung Police Station.

Regarding Wu Yanting’s threat, the petition confessed: “The appellant Dong Junhui and the victim Wu Yanting have lived together for more than 10 years. They know that Wu Yanting’s temper and character are people who do what they say. The appellant is afraid of Wu Yanting... This is one of the main reasons for the case."

Dong Junhui's defense lawyer cited the Supreme People's Court's 1999 "Notice on Issuing the Minutes of the National Court Symposium on Maintaining Rural Stability," which stipulates: "Accurately grasp intentionality. The death penalty is applicable to the crime of homicide. Whether to impose the death penalty on intentional homicide depends not only on whether the death of the victim was caused, but also on the overall circumstances of the case. For intentional homicide caused by civil conflicts such as marriage, family, and neighborhood disputes, the death penalty must be applied. Be cautious. If the victim is obviously at fault, or is directly responsible for the intensification of the conflict, or the defendant has statutory lenient punishment, the death penalty should generally not be imposed immediately. "

In response to Wu Yanting's threat, the appeal was filed. Confession: "The appellant Dong Junhui and the victim Wu Yanting have lived together for more than 10 years. He knows that Wu Yanting's temper and character are people who do what they say. The appellant is afraid of Wu Yanting... This is one of the main reasons for the case."

Dong Junhui’s defense lawyer quoted the Supreme People’s Court’s 1999 “Notice on Printing and Distributing the Minutes of the National Court Symposium on Maintaining Rural Stability”, which stipulates: “Accurately grasp the standards for the application of the death penalty for intentional homicide. Whether to sentence the death penalty for intentional homicide , not only depends on whether the death of the victim was caused, but also the overall circumstances of the case. For intentional homicide caused by civil conflicts such as marriage, family, neighborhood disputes, the death penalty must be applied cautiously if the victim is obviously at fault, or is responsible for the intensification of the conflict. direct responsibility, or the defendant has statutory lenient punishment circumstances, generally he should not be sentenced to death immediately.”

The defense lawyer believed that the victim Wu Yanting had obvious faults in this case and was directly responsible for the intensification of the conflict. Dong Jun has the circumstances to surrender and should be given a lighter or reduced punishment.

In May 2001, entrusted by the Hebei Provincial Women's Federation, the famous lawyer Hou put forward his own views on the case. She believed that the first-instance judgment downplayed Wu Yanting's domestic violence as "trivial family matters", avoided mentioning Wu's armed threats and arson, failed to find that Wu was obviously responsible for the case, and applied the death penalty to Dong Junhui. This approach is inconsistent with the facts of the case and is not consistent with the spirit of the Supreme Court’s judicial interpretation. Dong Junhui's attachment to Wu Yanting has threatened the life and property safety of himself and his family. Under Wu's pressure, he lost his mind, became angry and killed people. Dong Junhui immediately went to the village committee to report the incident. However, due to inconsistencies in the testimony of village committee members and some minor changes in Dong's confession, the court did not accept her surrender. But she has always confessed that she burned Wu Yanting, confessed and repented, and was willing to accept legal punishment. This is in line with the legislative intention of surrender in our country’s criminal law. Even if she does not admit to surrendering, the relevant circumstances and her attitude of pleading guilty must be considered.