Xinyang city looking for a criminal lawyer

A bloody case, two lives, three families, for Xiaofeng (a pseudonym) who is 0/9 years old in Shangcheng County, Xinyang City, Henan Province, although his parents' murder case has been solved, his heart has not been calm for a long time-the murderer who killed his biological parents turned out to be the adoptive father who raised himself 17 years, and this inner pain may be difficult to heal all his life. A few days ago, Zhang and crime of trafficking in children, suspects detained in Shangcheng County Detention Center, will be handed over to the procuratorate for prosecution.

On May 26th, 20001year, a murder case occurred in Shangfengshan Village, Zhuyuan Township, Shangcheng County, Xinyang City, Henan Province, and the villagers Chen and his wife were killed. After the incident, Shangcheng County Public Security Bureau found Chen naked, lying on the bed, showing no signs of resistance, and was suspected of being killed while stabbing a silver needle. His wife, Cai Jinmei, was hit on the head with a blunt instrument and died in another room next door. Silver needles, bricks and hoes were left at the scene. The couple's son Xiaofeng, who was only 1 year and 8 months old, and a village doctor who lived at home mysteriously disappeared.

According to the villagers who have received treatment, the traveling doctor met Chen because of seeing a doctor, and then stayed in Chen's family temporarily, often giving people silver needles to treat rheumatism. Every time Chen introduces a person to see a doctor, the tourist doctor pays him the referral fee of 5 yuan.

The police searched and visited, but they never found the clue of this traveling doctor. Chen is the boss at home, and there are two younger brothers below. In May, 20 18, the police handling the case understood Chen Erge's ideological work, and extracted the biological samples of the victim by opening the coffin and sent them for identification, hoping to determine the whereabouts of the abducted children. More than a month later, after screening and comparison, the police screened nearly 100 people, and finally confirmed that the biological sample of a child surnamed Qi County, Kaifeng City, Henan Province was highly similar to the deceased.

The police rushed to Qixian County to conduct an external investigation and found that the boy and his grandmother lived together. Grandma could not tell the true origin of the boy. The boy's father was not at home for many years, and no one had seen or could tell who the boy's mother was. The police managed to take a biological sample of the boy, and the results showed that the boy was the biological son of the deceased Chen and Cai Jinmei. Further investigation by the police found that the physical characteristics and livelihood experience of the boy's father Zhang were consistent with the characteristics of the missing doctor in Shangfengshan Village. Zhang, aged 55, was sentenced to life imprisonment in July 2005 for abducting and selling women and served his sentence in Bengbu Prison, Anhui Province. 2065438+August 2008, the mall police sent Zhang back to Henan Mall for retrial, and Zhang confessed to the criminal facts of killing and robbing the baby.

According to Zhang's confession, in March, 20001year, when he temporarily stayed in Chen's family, he found that his son was cute and cute, and he had evil thoughts. On the evening of May 25th of the same year, Chen asked Zhang for a backache, and Zhang asked Chen to lie in his temporary bedroom for acupuncture treatment. Later, Zhang Congzheng picked up a red brick under the square table and punched Chen in the back of the head, causing him to die on the spot. Then he went to the next room and woke Cai Jinmei when he took the baby boy away. The two men immediately fought. Zhang killed Cai with bricks and hoes, and hurriedly took Xiaofeng, who was less than two years old.

2019 65438+10.21,Chen Congjun, deputy head of the Criminal Investigation Brigade of Shangcheng County Public Security Bureau, said in an interview with Huashang Daily that he led the investigation of the case that year. In May 20 18, he tried to persuade Chen Kai to conduct an autopsy. "Concerned about Chen's grave, there is a custom to open coffins, and it is proposed that one thousand open coffins and autopsies can't solve the case? But I still insist on persuading them ... "

Chen Congjun introduced that at that time, he advised Chen that his nephew had left, and it would be a comfort to the deceased if he could find his nephew. At that time, there were rumors in the village that Mr. and Mrs. Chen had no children since they gave birth to their eldest daughter. After the visiting doctor came, Chen's wife had sex with the visiting doctor who lived at home. If the missing nephew is found through autopsy, some gossip can also be clarified. In fact, according to police investigation, Cai Jinmei had had a contraceptive operation in Sheung Wan, so she could not get pregnant for a long time. Later, she got pregnant, took out the ring and gave birth to a baby. Judging from the time, the police decided that the child was never born by her and a visiting doctor, which was tantamount to clearing the dead.

Chen Congjun said that Zhang wanted to kill people because he was drunk and inadvertently told Chen that his family was in Qixian County, Kaifeng. Therefore, after robbing the baby, Zhang worried that he would be exposed. Chen Congjun said that the murder case was solved and the missing Xiaofeng was reunited with his relatives. Considering the family difficulties and children's future life, the police not only actively donated more than RMB 1000, but also organized special events, coordinated the county education bureau to find the best high school for Xiaofeng, and coordinated the civil affairs department to provide Xiaofeng with a minimum living allowance. Some companies are willing to provide Xiaofeng with a love fund of 8,000 yuan per year, which has been funded until the child graduates from college. Social charity organizations in the county also donated 50,000 yuan. The dream fund of CCTV's "Wait for Me" column also took out 30,000 yuan to help Xiaofeng complete her studies. At present, these love funds are entrusted by the county public security bureau and will all be used for children's study and life.

"I'm sorry phoeny, more sorry Mr. and Mrs. Chen. I have pleaded guilty. " A few days ago, Zhang, who was detained in Shangcheng County Detention Center, looked regretful.

The police handling the case told the Huashang Daily reporter that according to Zhang's confession, he had an illegitimate daughter before and stole a baby for his cousin in his hometown of Jixian County. My uncle once begged him to bring a boy back for retirement, because he had two daughters and no son. When he brought the child home, his uncle's daughter didn't want her father to raise the child again. In desperation, Zhang gave Xiaofeng to his mother to raise, and said that this was his child with a woman outside. Since then, Zhang left Xiaofeng, his hometown in Qixian County, Kaifeng, to make a living in Changsha, Hunan Province.

Hou Zhang abducted five mentally retarded women near Changsha Railway Station and sold them in the countryside of Funan County, Anhui Province, earning more than 20,000 yuan. In July 2005, he was sentenced to life imprisonment by Fuyang Intermediate People's Court of Anhui Province for the crime of abducting and selling women, and has been serving his sentence in Bengbu Prison of Anhui Province. In 2008, Zhang was commuted to 18. After three commutes, he was originally expected to be released from prison around 2020.

"In fact, for so many years, I have been having nightmares. I wasn't particularly surprised when the police of Shangcheng County Public Security Bureau found me. I knew this day would come sooner or later. " Zhang said that in the Spring Festival of 2002, he went back to Qixian and bought clothes and toys for Xiaofeng, and he never went back to his hometown. During 20 12' s imprisonment, Xiaofeng asked him when he came to visit the prison, "Dad, when is my birthday?" At that time, Zhang was full of remorse and realized that what he had done in those years was immoral. He cried and couldn't control himself.

According to the reporter of Huashang Daily, Zhang Zeng confessed that when Chen lived, he lost all his accumulated medical expenses of 2,800 yuan. He once suspected that he was taken away by the Chen couple, so he quarreled with the couple. However, whether this statement was the fuse of his murder has not been confirmed by Henan police.

Chen Congjun told the Huashang Daily reporter that Zhang's original intention was to steal the baby and sell it. According to the police investigation, in March, 20001year, Zhang paid special attention to other boys when he went to Shang feng shan cun in Shangcheng county to practice medicine. Around 2004, Zhang contacted the buyer to sell Xiaofeng, but his mother was very distressed to see the children and warned him that if she dared to sell, she would report him for abducting children, so Xiaofeng had been living with her grandmother. Grandma raised him and sent him to school. Xiaofeng and grandma have deep feelings.

65438+1On October 20th, Chen's daughter Chen told Huashang Daily that the murder of her uncle and aunt changed the fate of the two families. Knowing this news, parents working in Hebei hurried home. My father often sits alone in front of my uncle's house, watching the chestnut tree planted by my uncle secretly shed tears. In order to take care of her elderly grandmother and find her missing cousin, her parents were later forced to give up going out to work. Chen dropped out of junior high school because of his poor family. In my impression, my father often takes photos of his cousin Xiaofeng and rides a bicycle to look around in his distant hometown and neighbors. Sometimes he goes out and doesn't come back for several days. At that time, whenever I heard that someone had adopted a child, my father would go and see it. People wouldn't let me watch it, so my dad squatted at the door and secretly watched it.

"Actually, I didn't want to open the coffin at that time, but we agreed to find Xiaofeng." Chen expressed his inner anguish. Chen's eldest brother is kind. He has a son in his 40 s who is the apple of his eye. The child is really cute. Whether he can find his nephew has always been his heart disease.

"I don't want to see him or talk about him." /kloc-Xiaofeng, 0/9 years old, is full of hatred for his father, who is called 17 years old. He never imagined that he had lived in Qixian County of Kaifeng for 17 years, and he still had a home in Xinyang Shangcheng County. What makes him even more unacceptable is that it was the murderer who killed his biological parents who shouted "Dad" from childhood.

Xiaofeng is shy and doesn't talk much. With the help of the police in the shopping mall, Xiaofeng has changed her account from Zhang to Chen. Xiaofeng has never doubted his life experience before. His adoptive mother once told him that his parents divorced when he was a child, and his father went to prison for a crime. He admits that he has two "homes" now, and sometimes he thinks of Kaifeng's foster mother. What will she do in the future? He will also have contact with his sister (Zhang's eldest daughter) in Nanyang, and there are many family ties that are hard to give up, but if he is given a choice, he will still choose the shopping mall, because this is his real hometown.

"I want to go to school now, try to get into a good university, find a good job, and be filial to my family and my grandmother who raised me." Xiaofeng said that the college entrance examination will be held in June this year, and now he is studying science in a key high school in the mall.

"We will definitely pursue his (Zhang) legal responsibility. Whether to pursue criminal incidental civil liability is still inconclusive in China, and it will be formally put forward after the agreement. " Chen said that his cousin has been living with his father's family. This Spring Festival, his father will take Xiaofeng to worship his parents, and he will get better gradually. I hope the media will stop bothering him and let him study with peace of mind and live a good life.

Guangdong lawyer Zeng Jie told Huashang Daily 2 1 that the suspect in this case was suspected of intentional homicide and crime of trafficking in children (or crime of trafficking in children) was punished for several crimes. The maximum penalty for intentional homicide is death, life imprisonment in crime of trafficking in children and five years in crime of trafficking in children.

Zeng Jie said that although it has been 17 years since the incident, there is no statute of limitations for criminal proceedings. Because in criminal cases, as long as the public security organ files a case for investigation, the case is not limited by the limitation of prosecution. In this case, the victims are Xiaofeng, the abducted baby boy, his parents and Xiaofeng's close relatives. They can file a criminal incidental civil lawsuit and ask the defendant to pay the relevant funeral expenses. However, in criminal incidental civil litigation, according to the existing regulations, only the actual material losses are compensated, and death compensation and mental damages are not mandatory, unless the defendant is willing to pay compensation on his own initiative in order to obtain understanding.

Zeng Jie believes that the suspect has been sentenced to life imprisonment for the crime of abducting and selling women, and the act of killing two people and abducting children is quite bad, and the maximum sentence may be death. The original punishment will continue to be executed, and will be combined after the new judgment is made. The executed sentence shall be included in the sentence of the new judgment. This method of calculating the sentence is called "merging first and then reducing the sentence".