[20 13] criminal Chu Zinuo. xx
Public Prosecution Organ: People's Procuratorate of xx District, xx City.
Defendant: Zhu xx, born in xx village, xx township,199665438+February 5th, a senior three student in xx Middle School. On April 27th, 20 13, the suspect Zhu xx was arrested on May 2nd of the same year and detained in the detention center of xx Public Security Bureau.
Defender: Gao xx Law Firm.
The People's Procuratorate of xx District of xx City prosecuted the defendant Zhu xx for intentional homicide. On May 0, 20 13, 10, our hospital filed a public prosecution with the Municipal Intermediate People's Court against the defendant Zhu xx for the crime of intentional homicide, and formed a collegial panel according to law. On May 30, 20 13, Yu xx, the procurator of xx Municipal People's Procuratorate, appeared in court to support the public prosecution. The defendant Zhu xx and his property protector Gao xx, the victim Xu xx and his litigation agent xx attended the retrospective proceedings. The case has now been closed. The People's Procuratorate of xx District of xx City accused the defendant Zhu xx that at about 20 13 April 27th 10, the public security bureau of xx City received a report that Xu xx (female), a villager in xx village, xx township, was attacked by criminals at night, and her head was cut off many times and her fingers were cut off, resulting in massive blood loss and life-threatening. The murderer escaped. In order to detect the case as soon as possible and catch the murderer, the bureau quickly organized forces and rushed to the scene for investigation. On-the-spot investigation found that the residence is a three-tile house facing north to south. There is a bamboo garden behind the house, with a piece of land and hedges on both sides. There is an east-west river in the north of Zhuyuan, and a dam head leads to the opposite wheat field. There is a sole shoe print of a right foot on the mud stone at the dam head, which is 25.8 cm long. There is a small poplar tree on the river bank next to the dam head, with bloody handprints on it. From Xu xx's house, there is a kitchen in the east and a room in the west. The crime scene took place in a hall of Zhongtong. There is a square table by the hall, and a stool leads out of the hall at the door of the kitchen. There is an unfinished wool heart on the square stool. On the table of the Eight Immortals, there is a pool of blood on the ground next to the square stool. There is a small amount of hair and three broken fingers of the victim on the blood oil, as well as two small pieces of broken bones of the victim's occipital bone. On the ground beside the blood and oil in the middle of the hall, there are still two marks cut by firewood knives, one is the back of the knife and the other is the edge. There is blood on the legs and the table. On the partition walls on both sides of the hall, there are many blood spots, some are up and down, some are bottom-up, some are flat, and there are very high blood spots, the highest of which is 2.55 meters. There are two doors on the back of the back door, and blood fingerprints are left on both doors and a door frame. From the azimuth, they are all fingerprints of the right hand. On the ground to the left of the back door, there is a kitchen knife with blood on it. After inspection, everything in the room, such as cabinets, water tanks and stoves, has not been turned over. The water bottles and stainless steel pots on the big table in the main house are also placed as they are. Investigators recorded and photographed the scene in detail, and extracted tools and related physical evidence.
Victim Xu xx, female, 3 1 year-old, has two children at home, one is1year-old, and the other is 7 years old. The husband works in other places. According to her self-report after waking up, after dinner on the day of the incident, around 8 o'clock, Xu Xian arranged for two children to sleep. At this time, she heard Chen xx, a neighbor next door, ask her to get bath water. She then made a dash for the door, went to Chen xx's house to get water, and played in Chen's house for a few minutes. After the water port came, she didn't take a bath, but wiped her body with water. Then he closed the door and sat on the square stool near the door of the main kitchen, knitting a sweater vest. After a while, a gangster suddenly jumped out of the kitchen. First, he slapped her on the back, then blew out the candles on the table, and then he raised his knife and cut her head and face. Soon, Xu xx fainted to the ground.
Forensic experts and doctors' appraisal conclusions and examination and diagnosis records confirmed that Xu xx's face was cut four times (sewing 1 1 needle, leaving obvious scars) and two teeth were knocked out; Three cuts to the back of the head.
Many hairs were cut off and two broken bones were taken out of the knife. The food, ring and the third finger of the left hand were cut off, which was caused by Xu xx covering his head with his hand when he cut it off. Xu xx's injury belongs to serious injury.
Defendant Zhu xx confessed to his actions and expressed regret. His guardian Gao xx suggested that the defendant Zhu xx was a minor, but his behavior was an attempted crime and should be given a lighter or mitigated punishment.
Lighter punishment.
The public prosecutor pointed out that the defendant Zhu xx ignored the lives of others and committed cruel crimes, although the victim did not die for reasons other than his will. This is an attempted crime, but according to the punishment,
The law stipulates that it is "possible" to attempt a crime, not "should be given a lighter or mitigated punishment according to the completed crime". Zhu xx is extremely harmful to society and cannot be given a lighter or mitigated punishment.
We believe that the fact that the People's Procuratorate of xx City accused the defendant Zhu xx of intentional homicide is clear and accurate, the evidence is sufficient and true, and the defendant's behavior has been touched.
Committing the provisions of Article 232 of the Criminal Law of our country constitutes the crime of intentional homicide. Defender Gao xx thinks that the defendant Zhu xx is a terminal adult and should be given a lighter or mitigated punishment, which is in line with the law.
The law stipulates that it should be adopted, but its opinion that the defendant Zhu xx's behavior is an attempted crime and should be given a lighter or mitigated punishment is inconsistent with the law and will not be adopted. According to article 1 of the criminal law
Articles 232, 17 and 23 provide as follows:
Defendant Zhu xx was convicted of intentional homicide and sentenced to eight years in prison.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of xx Province through our hospital or directly within 10 days from the second day of receiving this judgment. A written complaint shall be submitted to the complainant.
One original and two copies.
Presiding judge: xxx
Judge: xxx
Acting judge: xxx
2065438+May 29, 2003
Clerk: xxx