First trial
Zhang Chao was arrested by the public security authorities in Lijiang on December 23, 2007, and Xie Hong and Chen Guanglv were arrested in Kunming on December 25th.
Lijiang City Intermediate People's Court, based on the above facts and evidence, and in accordance with the relevant provisions of the law, issued a verdict on June 4, 2008, finding that the defendant Xie Hong committed the crime of robbery, sentenced to death, deprivation of political rights for life, and confiscation of all personal property; the defendant Zhang Chao committed the crime of robbery, sentenced to death, deprivation of political rights for life, and confiscation of all personal property; Defendant Chen Guanglu guilty of robbery, sentenced to death, suspended for two years, deprivation of political rights for life, and confiscation of all personal property.
The second trial
After the verdict was pronounced, the defendants Xie Hong, Zhang Chao and Chen Guanglv appealed against it.
The defendant Xie Hong appealed that this case should be recognized as the crime of unlawful detention, intentional homicide, rather than robbery; the victim Mu Hongzhang in this case there is fault, it should be mitigated. Request the court of second instance to change the sentence according to law.
The defendant Zhang Chao appealed to the Lijiang Intermediate People's Court of the first instance found the facts are not clear, she was looking for wood Hongzhang on December 19 only want to claim compensation for rape 40,000 yuan, as for the wood Hongzhang strangulation and purchase of plastic bags and nylon rope containing the body are unaware of; the first instance of the accusation of her participation in the murder of robbery evidence is insufficient, she admitted to the ATM to withdraw money, in order to transfer the body to participate in the corpse dumping, but not invited and participate in the murder of the body. However, she did not invite and participate in the act of murder. She believes that she did not participate in the act of murder and robbery, the death penalty is the application of the law is not appropriate, and requested the court of second instance to mitigate the sentence.
The Yunnan Provincial Higher People's Court that the appellant Xie Hong, Zhang Chao, Chen Guanglv to illegal possession for the purpose of using violence and coercion and the means of killing the victim wood Hongzhang, robbing the victim wood Hongzhang bank deposits of 40,000 yuan and carry cash RMB 2,000 yuan and the value of 20,000 yuan worth of goods, constitute the crime of robbery. And the victim wood Hongzhang strangled to death after dismembering the body, thrown in the Yulong County moat, means extremely cruel, the consequences are extremely serious, the robbery amount is huge, should be severely punished according to law. In this case *** with the crime, Xie Hong criminal intent to participate in the planning, purchase of tools, the implementation of binding, killing, dismemberment of the victim Mu Hongzhang behavior, and driving a vehicle to throw the body, clean up the scene; Zhang Chao brought up the criminal intent, sending text messages to lure the wood Hongzhang to its rental room, dismemberment of the body of the wood Hongzhang, camouflaged twice to the ATM to withdraw the wood Hongzhang deposits, clean up the scene of the crime; Chen Guanglv involved in the purchase of tools, kill Mu Hongzhang, dismemberment of the body, throwing body parts, in conjunction with Zhang Chao disguise extraction of wood Hongzhang deposits, destruction of clothes and the victim of wood Hongzhang clothing, three people work together, *** with the implementation of the robbery in this case, all should be criminally responsible for the facts of the crime.
In view of the appellant Xie Hong, Zhang Chao, Chen Guanglv implemented means particularly bad and cruel, the crime is extremely bad, the consequences are extremely serious, the social impact is extremely bad, in order to punish the crime, to ensure that the citizens' right to life and health is not violated, and safeguard the social order, according to Xie Hong, Zhang Chao, Chen Guanglv the criminal facts, nature, circumstances of the case in the status and role of the case and the degree of social harm, according to the law, ruled that Dismiss the appeal and affirm the original sentence.
After the criminal ruling was issued, Chen Guanglv was sent to prison to serve his sentence.
Review
After the ruling was issued, the Yunnan Provincial Higher People's Court reported it to the Supreme People's Court for review.
The Supreme People's Court found that the facts of the case as determined by the courts of first and second instance were clear and the evidence was sufficient. Considered that although Zhang Chao participated in the crime, but did not directly commit the act of killing the victim, its role is smaller than Xie Hong. That does not exclude the possibility that Zhang Chao was utilized by Xie Hong, and that he confessed to the crime with a good attitude after his return to the case. Considering the facts and circumstances of the case, Zhang Chao sentenced to death may not be immediately executed. Therefore, the sentence was changed to "the defendant Zhang Chao committed the crime of robbery, sentenced to death, suspended for two years, deprived of political rights for life, and confiscated all personal property."
Xie Hong in this case *** with the crime, to participate in the planning, the purchase of tools, the implementation of binding, killing, dismemberment of the victim Mu Hongzhang behavior, and driving a vehicle to throw the body, clean up the scene. Attempted to instruct Zhang Chao during detention, indicating that the subjective malignant deep, personal harm, shall be punished according to law. Therefore, according to law approved Xie Hong "guilty of robbery, sentenced to death, deprivation of political rights for life, and confiscation of all personal property" death sentence.
Inside
Soft appearance and three weird smile
Because of the consideration of the audience may be a lot of people, the Provincial High Court of the second trial of this case, yesterday morning at 8:00 a.m. more than a temporary decision from the Lijiang City Intermediate People's Court, changed in the hardware facilities are better and more spacious Yulong County Court - this is also the case of the first trial of the place of hearing. But surprisingly, the day of the people involved in the spectatorship, the total **** but thirty or forty, it seems that the degree of attention to the case has faded a lot.
Apparently, Zhang Chao, Xie Hong, Chen Guanglv three people's emotions have also calmed down a lot - compared to the first trial, the entire trial, they did not show how nervous or excited look. Shortly after the trial began, when Zhang Chao was taken out of the courtroom to await trial, she waved the first-instance judgment in her hand to the gallery and smiled at the same time. This puzzling and bizarre smile appeared twice more during her trial.
After this case, Yunnan University, College of Tourism and Culture, Department of Economics, Business Administration, sophomore Zhang Chao usually a few photos, widely circulated on the network, many people through the photos of her impression is: quite beautiful, can be described as Chu Chu moving.
The courtroom Zhang Chao, still gives the same impression: a thin white tight sweater, gray slacks and a pair of dark-colored sneakers, her hair is relatively thick, leaving shoulder-length bangs, from time to time to hide her delicate face.
The three defendants were all still on trial still wearing handcuffs and shackles, both attached. Xie Hong and Chen Guanglu always relatively quiet, almost motionless, Zhang Chao no less than a dozen times to move their feet, shaking hands, sometimes, and raised his hand to touch the mouth, pinch the nose or rub eyes, a little movement, handcuffs and leg irons will be clattering. But her face, never see obvious pain and remorseful expression. She sat in the defendant's seat, placed on the lap of the hands, has been tightly clutched in the first-instance verdict, the fingers do not
know to turn over a little, more often, next to the pair of cold handcuffs, and occasionally move, seems to be a little at a loss for words.
Her relationship with the victim and "rape" said
On the motives for the crime, Zhang Chao insisted on its return to the case on a statement given: she did everything just to recover a sum of money they deserve, a victim of the Yunnan Lijiang highway management section of the road and bridge construction team, the project manager of the wooden Hongzhang Debt owed to himself.
I didn't rob, nor did I take the initiative to kill or plan to kill. Zhang Chao said: about June 2007, she met wood Hongzhang in the heavenly nightclub, wood occasionally take her out to socialize, mainly to accompany people to dinner, about 8 times, only at the beginning gave her 3000 yuan. When Wood made introductions to people, he usually said she was a student at Yun University, Xiao Yang (note: Zhang Chao's other name is Yang Le).
Zhang Chao downplayed her relationship with Mu Hongzhang at first, which surfaced in court as the investigation progressed.
Zhang Chao admitted that at that time she was sitting in that nightclub, and it was during this period that she met her later boyfriend. Some of her classmates from the Yunnan University's College of Tourism and Culture knew of Mu Hongzhang's existence and warned her to be careful, that this kind of boss who came to play would not have any too good behavior. For her part, she told her classmates that Mu was just one of her clients and treated her quite well.
But then he raped me. Zhang Chao said.
It was always just your own words, is there any evidence to confirm it? Yunnan Provincial People's Procuratorate Public Prosecution Department of the Second Division of the Procuratorate can Wen prosecutors immediately questioned.
Is it possible that when I was raped, someone could have been visiting the side? Zhang Chao unusually calmly asked back.
According to Zhang Chao's statement: once, wood Hongzhang took her out to dinner with someone after the car to a remote place, in the car to her rape. She was very angry, wood then promised to give 50,000 yuan as compensation, the next day, gave 10,000, and a laptop computer. But the other 40,000, wood has been delayed not to give, she went to the process of urging, and was raped a second time.
This statement was not recognized in the first trial. Is it impossible for a desk jockey to be raped? Does the fact that she was a desk jockey mean she was willing to be sexually assaulted and could be sexually assaulted? Fan Xiaoyuan, Zhang Chao's defense attorney, issued this query.
Who is the mastermind and whether it is intentional homicide
For such encounters as his girlfriend said, the defendant, Xie Hong, said in court: he was very indignant, and what he did was all about taking out anger and revenge for his girlfriend.
But his earliest confession after the return of the case, but mentioned that he did not care about this matter. And Zhang Chao had also confessed that the robberies and killings were her idea, but all confessions since then have disproved that.
At first, Zhang Chao had thought her crime was less serious than her boyfriend's, and she had said so so that she could die with him. In similar cases of retracted confessions, one defense attorney said that retracting a confession is entirely a legitimate right of the accused.
The three defendants blame each other, saying they are not the masterminds. Zhang Chao and Xie Hong, who still claim to be very much in love with each other in court, are no exception.
Xie Hong said, before committing the crime, he had never seen the wood Hongzhang its people, and the reason for looking for the wood is just want to teach a lesson to the wood, get back the other side of the debt owed to his girlfriend. But the reason why prepared so much work, because we have discussed together, in case of accidents, only to wood to death. Later, after taking the money from the wood Hongzhang card, it is he and Chen Guanglv together hands, with a rope to strangle the wood. Shredding is to destroy the body, this is including Zhang Chao, including the three people agreed, shredding and dumping process, Zhang Chao also participated.
I don't know, my boyfriend and Chen Guanglu bought the tools of the crime when I was still in school. Zhang Chao voice stable, thinking very clearly said: when they together from the wood Hongzhang to recover the debt she deserved, she was afraid to make the decision whether to kill. So, her boyfriend and Chen two people said she was a girl, do not care about such things, told her to hide into the bathroom. By the time she came out, Muk Hung Cheung was already dead. As for the later process of shredding the body, she did participate, and she was responsible for cutting, below the knees of the body.
But the third defendant, Chan Kwong Lui, is also pointing to Zhang Chao. Zhang Chao said, afraid of letting Mu Hongzhang back will be reported to the police, so he killed him, dumping the body is also Zhang Chao took us there. After taking the money from the wood's card, Zhang Chao divided 13,000 yuan. Chen Guanglv and his defense lawyer argued: the most innocent person in this case is Chen Guanglv, because he was invited to help collect the debt, it can be said that it is not at all clear about the whole thing, so, just an accessory, and its behavior should not constitute robbery and intentional homicide.
Zhang Chao's defense said: in fact, she is "very naive"
In the premise of the rape claim, which has not been verified, a number of defense lawyers put forward the argument that Zhang Chao is actually a victim, trying to minimize the sentence for the defendant.
Xie Hong's defense lawyers said: wood Hongzhang because of its rape and promised to pay compensation to Zhang Chao 50,000, there are a number of side and circumstantial evidence can be corroborated, this kind of debt, even if it is not lawful, the defendant in order to claim the debt to wood Hongzhang to take the behavior of the early stage of the act of unlawful detention at best.
Zhang Chao's defense attorney said the qualification of the crime of robbery, but at the same time try to the idea of circumstances can be the source of the defense. The defense said: Zhang Chao and wood Hongzhang between, indeed maintain an ambiguous relationship, the reason is out of the poverty of her family, she counted on borrowing this kind of accompanied by food and drink ambiguous, will be able to solve the problem of tuition fees. In fact, she is not without innocence and has her own limits. However, the sexual assault from Mu Hongzhang, has exceeded her bottom line, so, although Mu Hongzhang was killed, but its own behavior is also there is a certain fault.
The defense believes that another part of the important fault, lies in Zhang Chao's boyfriend Xie Hong, because this person has been in the community for many years, very calculating, only from the detention center also wrote a note, intended to be handed over to Zhang Chao collusion can be seen. The defense said: in fact, Zhang Chao is very naive. At the same time, also concluded: a young and ignorant female college students, out of confusion about money, in a sophisticated social incumbent of the lure, only to commit such a robbery.
These claims are all unsubstantiated. Yunnan Provincial People's Procuratorate Prosecutor can Wen pointed out in the final opinion: the defendant Xie Hong, Zhang Chao, Chen Guanglv carefully planned and prepared, carefully implemented in order to rob the victim Mu Hongzhang's property and premeditated intentional homicide of the robbery, and the evidence system of its allegations is complete and can form a chain of corroboration of each other. In the whole process of crime, Xie Hong organization, command, played a central role, Zhang Chao played a key role, and Chen Guanglv also played an important role, the three should be the main culprits, and their methods are extremely cruel, and the social impact of their crimes is extremely bad.
The prosecutor believes that the first instance judgment should be upheld, rejecting the appeal of the three defendants.