Zhang Hua, a third-class senior judge of Shanghai No.2 Intermediate People's Court, reviewed the most classic cases he encountered, judged and summarized in his trial post for more than 30 years.
Can pregnant woman Yang Jun encourage mentally retarded girlfriends to kill their mothers? A woman who was pregnant at the trial? ? Should Yang Yiyi, a mentally retarded person, bear criminal responsibility?
0 1
The root of contradiction
When I was in junior high school, Zhang He was a classmate. Because Zhang Tiansheng is mentally retarded, there are few other friends in the class and she has become her best friend.
However, Yang Jun is willing to play with her, not really wanting to make this friend, but obviously bullying her stupidity and trying to cheat some money from this mentally retarded woman.
Therefore, from junior high school, I often borrowed money from Zhang, but I never paid it back. Zhang's mother was disgusted when she learned that she often cheated her daughter to spend money.
Day after day, year after year, Yang Jun always cheated a little pocket money. Although Zhang Mu was disgusted, she didn't make a mountain out of a molehill.
Until the day of 1998, Zhang found that her drawer had been pried open and 4000 yuan had disappeared. Upon inquiry, Zhang admitted to lending the money to Yang Jun.
This time, Zhang's anger was hard to get rid of and he gave his daughter a good beating. She also quarreled with Yang's family with an axe and ordered not to associate with her daughter again.
After! Also stopped, I haven't come to Zhang for a long time, but the seeds of hatred have been planted long ago?
02
Killing mentally retarded women
A year later, I came to the Zhang family in private. They avoided Zhang Mu and secretly met and chatted for many times.
In the communication, I learned that Zhang seems to be disgusted with her and often complains in front of her, saying that her mother is very strict with him and doesn't give her pocket money, which makes her very upset.
In Zhang's mouth, I got another important news? Zhang Mu is trading stocks, and there is a lot of money around her. Zhang once said that if her mother died, she could inherit the money.
At that time, I already had the idea of killing people, and this mentally retarded woman in front of me was a pawn in her revenge and attempt to seize Zhang's property.
It is not difficult for you to get rid of it. It depends on whether you can work hard. Yang Jun said coldly in the corner.
Although Zhang has some mental defects, she is not a complete idiot. After all, she is the mother who raised her for many years. How can she do it? She struggled for a long time and couldn't make up her mind at the moment.
Yang Jun constantly tempted, fanned the flames and encouraged him. ? In the end, Zhang Jian decided to kill his mother.
After a few days of discussion, the two decided to use sleeping pills and inject too much insulin, which can be done unnoticed.
At first, they tried to deceive the police, creating the illusion that Zhang Mu died of natural causes. So I bought sleeping pills under a pseudonym in the hospital and secretly stuffed a box of insulin while it was unprepared.
On August 23, Zhang put all sleeping pills into her cup and injected five insulin continuously while she was asleep.
Unexpectedly, the next morning, Zhang Mu did not die. In a panic, I grabbed a grindstone and a wooden stool, smashed it on my head and called for help.
Riding on her body, Zhang pressed her head with a pillow and hit her with a wooden stool. Zhang Mu's head is bleeding so much that she can't struggle any longer.
03
Build a mound on the balcony
After killing Zhang's mother, the two immediately took away the bank card, passbook, cash and stock magnetic card. In the house, everything is kept by Yang Jun alone.
I think I can get Zhang Mu? Natural death? Now it is bloody. If the body is found by others, the plot of killing the mother for money will be exposed.
The two decided not to carry the body out of the house and not to inform relatives of Zhang's death.
Immediately afterwards, the crime scene was cleaned up, items with blood in the house were thrown into the suburbs, and blood-stained items such as sheets were set on fire to ashes.
Two people and Zhang Mu are lying in the same room. After a few days, the body gradually stinks, and then it gets stronger and stronger. They couldn't take it anymore and moved to a nearby hotel.
At the same time, it is suggested that Zhang must dispose of the body. She thought of the plot in the movie and suggested sealing the body in cement.
Zhang Yiyi bought cement, worked continuously for several nights, and carefully built an indestructible building for his mother on the balcony. Grave? ! This is the last thing my mother bought for decades of parenting.
04
I think it's perfect, but I don't want to? Skynet is long! ?
After killing his mother for money, he Zhang was arrested in the police station before he could enjoy it.
On September 3, 2000, less than half a month after Zhang was killed, a neighbor rushed to the police station to report the case.
Neighbors said that they lived at 595 Yongxing Road, and the residential building smelled a dead mouse coming from Room 203 upstairs.
The neighbor also said that she had not seen her downstairs for several days, and her daughter Zhang was mentally abnormal. She didn't open the door and asked where her mother had gone. She only said that she had gone to Ningbo.
The police rushed to the front of the Zhang family and forced their way in. The scene in front of me was stunned. Zhang hid behind the door, as if afraid.
The room was messy, and cement dust was everywhere, but the blood on the wall was faintly visible. On the balcony, is it a cement building? Grave? Obviously, this smell comes from? Grave? It comes from the library.
When they saw the scene before them, they realized that Zhang Mu had not come downstairs for many days, and 90% of them had realized that Zhang Mu had been buried in the grave.
Knock it open, it is indeed a corpse, and it is identified by the forensic doctor as Zhang Mu himself.
Silly girl Zhang was taken away by the police on the spot!
05
Yang Jun, the mastermind, was exposed.
After Zhang was arrested, out of loyalty, she decided to fight the crime of killing her mother alone.
In the confession, Zhang lied that he had a quarrel with his mother on August 24 and was killed by a stool because he was lazy at work.
However, Zhang's uncle and aunt think that she is simple-minded and easy to be used by others, so the police suspect that someone is behind her back.
1 month passed, which really confirmed the police's guess. Li, who was in prison with Zhang, said that she had heard Zhang say that her best friend had instructed her to do so.
The police then interrogated Zhang again. This time, Zhang told the whole story, saying that she was instructed by Yang Jun.
After investigation, the police found Yang Jun, but because she was pregnant, she didn't arrest him immediately.
Until 10 year 10 20th, a baby boy was born in Shanghai Zhabei Central Hospital, and was abandoned by Yang's father in a public toilet near Suzhou Railway Station five days later.
10 10 On October 30th, Yang Jun was arrested and brought to justice, and he confessed his crimes when he arrived.
Finally! And Zhang were both sentenced to life imprisonment!
As far as we know, the two men committed heinous crimes with clear motives, and they were basically unable to escape the death penalty, especially during the crackdown around 2000. Why only sentenced to life imprisonment?
For Zhang, a mental appraisal was conducted during the initial examination. The result of the appraisal is that although Zhang has marginal intelligence (mental defect), he has complete identification ability when committing a crime and belongs to full criminal responsibility ability. According to the appraisal results, Zhang Ben should be sentenced to death.
However, during the trial, it was considered that the conclusion of the initial examination was biased, and the result of the re-examination was: mild mental retardation. Although his motive was clear when he committed the crime, his motive was absurd, simple and naive, so he was judged to bear only part of criminal responsibility. Sentenced to life imprisonment.
As for Yang Jun, she was arrested by the police only after giving birth. The child was abandoned by Yang's father in the public toilet of the railway station. Why only sentenced to life?
According to Article 49 of the Criminal Law, the death penalty is not applicable to women who are pregnant at the time of trial. ? ; The main purpose is to protect the fetus for humanitarian reasons.
It mainly includes two contents:
First of all, a woman who was pregnant at the trial? Refers to the people's court trial when the defendant was pregnant, including pregnant women in custody before the trial.
Second, the death penalty does not apply? Does it mean that the death penalty cannot be imposed, not that the woman involved will be sentenced to death or executed after giving birth?
This shows that in judicial practice, this? At trial? A wide range, is that? The time when a criminal suspect is detained on suspicion of committing a crime to the time when the people's court makes a judgment according to law. ?
During the trial, for Yang Jun in? At trial? Can it be regarded as? Pregnant woman? Actually, it is controversial. The prosecutor believes that Yang Jun was detained only after giving birth to a child. She was born during the trial and objectively does not have the legal facts of Article 49 of the Criminal Law; The main purpose of Article 49 of the Criminal Law is to consider the fetus. After Yang Jun gave birth, the fetus was abandoned by his father, so it is not in line with the legislative spirit to apply Article 49 of the Criminal Law to it.
Yang Jun's defense lawyer said that when the public security organs knew the facts of the murder, Yang Jun was pregnant and should be regarded as a trial? Pregnant woman? The death penalty does not apply.
In the end, Yang Jun was also sentenced to fixed-term imprisonment.
Think about it, now that 20 years have passed, although both criminals have been sentenced to life, they should almost be released from prison after commutation. The tragedy of 20 years ago is still fresh in my mind. Yang Jun's child was thrown into a public toilet and his whereabouts were unknown, but his mother escaped the punishment of death? Do you think this sentence is reasonable?