1. Intentional homicide case of defendant Chen Baixing and others
Case facts:
On the evening of September 26, 2001, defendants Chen Baixing, Chen Jinfeng, Chen Bairong and villagers Chen Zhuoling and others went to the fish pond of the village's natural fruit farm to steal fish. They were caught by Chen Jinwen, who was in charge of security at the farm, and Chen Jinfeng escaped. Chen Jinwen notified the village security director to come to the scene and claimed that each person would be fined 1,500 yuan or sent to the police station. On September 27, Chen Jinwen notified Chen Jinfeng to pay a fine of 1,000 yuan. At noon on September 29, the four defendants were unable to pay the fine and jointly discussed that if Chen Jinwen refused to reduce the fine when receiving the money, they would chop him to death and Chen Jinwen would then bear the responsibility. Each of the four people prepared a knife. At about 3 o'clock in the afternoon that day, Chen Jinwen went to Chen Boxing's house to collect money. Because the bargaining failed, Chen Jinfeng first attacked with a knife, and then Chen Boxing, Chen Borong, and Chen Haowen chopped off Chen Jinwen's head and neck with knives. After Chen Jinwen fell to the ground, Chen Boxing slashed his head and neck several times, causing his death.
Trial:
The first instance of the Guangzhou Intermediate Court held that the defendants Chen Boxing, Chen Jinfeng, Chen Borong and Chen Haowen ignored national laws and ganged up to illegally deprive others of their lives, resulting in the death of one person. It constitutes the crime of intentional homicide, the circumstances are particularly serious, and the consequences are particularly serious. According to the provisions of Article 232 of the Criminal Law, the crime of intentional homicide is sentenced to death, and the crime of intentional homicide is sentenced to death with a suspended execution. The defendant Chen Jinfeng was sentenced to suspended death, the defendant Chen Borong was sentenced to life imprisonment, and the defendant Chen Haowen was sentenced to 15 years in prison. The Provincial Court approved the death penalty for defendant Chen Baixing for intentional homicide and granted a suspended death sentence for defendant Chen Jinfeng.
2. The Kidnapping Case of Defendant Han Weifang
Case Facts:
At about 12:00 on March 23, 2003, as a resident of Yihui Garden, OCT, Shenzhen The defendant Han Weifang, a security guard, was on duty in the residential complex. When she saw the victim Ren Siqi (male, 10 years old) who lived in Room A203 of Building 5 of the residential complex, coming downstairs alone, she had the idea of ??kidnapping Ren Siqi and extorting money. Thoughts of extorting money. Han Weifang went to the community management office and stole the key to Room B201 of Building 5, which was not yet for sale in the community. Then she followed Ren Siqi into the elevator, forcibly dragged Ren Siqi to Room B201 of Building 5, covered Ren's mouth, and knocked Ren unconscious with her fists. . Han Weifang locked the door. After returning and seeing Ren waking up, Han Weifang hit Ren on the head with the walkie-talkie, pulled down the walkie-talkie cord in the room and strangled Ren's neck, then took off Ren's pants and used them to gag Ren's mouth. After confirming that Ren was dead, Han Weifang locked the door and fled. At around 20:00 that night, Han Weifang borrowed a mobile phone from a colleague and called Ren Siqi's parents, Ren Jinquan, to extort RMB 300,000.
Trial:
In the first instance, the Shenzhen Intermediate Court sentenced the defendant Han Weifang to death for kidnapping and deprived him of political rights for life in accordance with Article 239 of the Criminal Law. The provincial court held in the second instance that the defendant Han Weifang kidnapped and killed an 11-year-old child for the purpose of extorting money, and then extorted money from the victim's family. His behavior constituted the crime of kidnapping. The method was cruel and the consequences were serious, and he should be severely punished. The death penalty is approved and executed for the crime of kidnapping in accordance with the law.
3. The case of drug transportation and trafficking by defendant Zhao Xudan and 16 other people
Case facts:
In order to earn high profits, defendant Zhao Xudan and others took desperate risks , forming a relatively fixed criminal network for transporting and selling drugs. From 1999 to January 2002, defendant Zhao Suidan consigned drugs to Yangjiang City and sold them to defendant Lu Xianshuo and others. He planned to transport and sell drugs and extorted money from the family members of the defendant. A total of 18,311.25 grams of heroin were transported and sold. Defendant Lu Xianshuo purchased and sold 16,892.5 grams of heroin from defendant Zhao Xudan. The defendant Zeng Huaiji purchased and sold 5,100 grams of heroin from the defendant Lu Xianshuo and others. Defendant Huang Guizhu purchased and sold 867.25 grams of heroin from co-defendants Fang Guilan and defendant She. Defendant Zeng Yujuan purchased and sold 410 grams of heroin from defendant Lu Xianshuo and others. The defendant Tan Xiangsheng purchased and sold 166.8 grams of heroin from others. The defendant She assisted the fugitive co-defendant Fang Guilan in depositing the drug money (****1,228.75 grams of heroin) that Fang Guilan purchased from the defendant Zhao Suidan each time into the bank.
Defendant She also contacted defendants Huang Guizhu, Cheng Jihong, and Zhao Suidan to buy and sell 140 grams of heroin. Defendant Hu Boxing assisted defendant Lu Xianshuo in purchasing and selling 11,685.8 grams of heroin from defendant Zhao Suidan to others. Defendant Cheng Jihong purchased and sold 85 grams of heroin from defendant She Biao. Defendant Zeng Ruixia assisted fugitive co-defendant Hong Yingwei in purchasing and selling 90 grams of heroin from defendant Zeng Huaiji. Defendant Liu Jinhua assisted defendant Zeng Huaiji in counting 130 grams of heroin and depositing it in the bank. Defendant Ao Daoben purchased and sold 16.51 grams of heroin from defendant Zeng Huaiji. In addition to selling heroin alone, defendant Zeng Yujuan also collaborated with defendants Hu Changchen, Zeng Mingxian and Zeng Yuyi in the original trial. Defendant He Yingzhang participated in selling heroin. Hu Changchen participated in selling 16.5 grams of heroin. He Yingzhang participated in selling 7 grams of heroin. (He also sold alone. Selling 3 grams of heroin); Zeng Mingxian participated in selling 1 gram of heroin; Zeng Yuyi participated in selling 0.65 grams of heroin.
Trial:
In accordance with the provisions of Article 347 of the Criminal Law, the Yangjiang Intermediate Court in the first instance sentenced the principal criminals Zhao Suidan and Lu Xianshuo to death and deprivation for the crime of drug transportation and trafficking. Political rights are lifelong and property is confiscated. The main criminals Zeng Huaiji, Huang Guizhu, and Zeng Yujuan were sentenced to death for drug trafficking, deprived of political rights for life, and their property confiscated. The defendants Tan Xiangsheng, She Daixing, and Hu Daixing were sentenced to life imprisonment respectively for transportation and drug trafficking crimes, and were deprived of political rights for life, and their property was confiscated. The defendant Cheng Jihong and other eight people were sentenced to fixed-term imprisonment and fines for drug trafficking.
The Provincial Court of Second Instance held that the defendant Zhao Xudan transported and sold a large amount of drugs and heroin and should be sentenced to death based on the crime. In view of the fact that he reported a drug dealer who sold a large amount of drugs and heroin and had major meritorious service, according to the law The punishment may be lighter or reduced, and the death penalty may be suspended. The defendant Zeng Yujuan sold a large amount of drugs and should be sentenced to death for this crime. In view of the fact that he truthfully confessed the crime and other specific circumstances after being brought to justice, he was given a lighter punishment as appropriate and the death penalty was suspended. The sentences of the remaining defendants were appropriate and upheld. The defendants Lu Xianshuo, Zeng Huaiji, and Huang Guizhu were sentenced to death in accordance with the law.
4. The case of smuggling general goods by defendant Liao Jun and other 43 persons
Case facts:
From the end of 2000 to December 2001, defendant Liao Jun , Zhou Huasheng, Pan Wuguang and others **** used funds to purchase four ships, and hired the defendants Liang Daijiu, Yang Shaoqiang and others as crew members to transport construction river sand to Hong Kong from February 2001 to April 2003. . After transporting construction river sand to Hong Kong, he smuggled 15,666.1 tons of diesel from Hong Kong into the country and sold it for profit, evading the tax payable of 8,884,664.27 yuan. From November 2002 to March 2003, defendants Chen Zhengtong, Chen Jiayong and others purchased 818.916 tons of smuggled diesel from defendant Liao Jun and others, evading the tax payable of 47,946.94 yuan. From December 2002 to April 2003, the defendants Mai Wangbing, Mai Weikun and others purchased 1,549.7 tons of smuggled diesel from Hong Kong and evaded the tax payable of 878,680.29 yuan.
Trial:
The first instance of the Foshan Intermediate Court held that the defendants Liao Jun, Zhou Huasheng, Pan Wuguang and others used ships to smuggle diesel into the country for sale in order to evade customs supervision; the defendant Mai Bingwang , Mai Weikun, Chen Zhengtong, Chen Jiayong and others illegally purchased smuggled diesel directly from smugglers, and their actions constituted the crime of smuggling general goods. In accordance with the provisions of Article 153, paragraph 1 and 2, Article 155, paragraph 1 and related provisions of the Criminal Law, the Foshan Intermediate Court prosecuted 43 individuals including Liao Jun and Zhou Huasheng for the crime of smuggling general goods. The defendants were sentenced, 8 of whom were sentenced to fixed-term imprisonment of more than ten years, and 40 people were sentenced to fixed-term imprisonment of more than three years. The above-mentioned defendants were respectively sentenced to fines ranging from 5,000 yuan to 8.89 million yuan. In the second instance, the Provincial Court corrected the first instance finding that some defendants were involved in smuggling and evading taxes, upheld the guilty verdict of Foshan Intermediate Court against defendants Liao Jun, Zhou Huasheng and others, and changed the main sentences and fines of some defendants. .
5. Robbery case involving fourteen persons including the defendants Yu Hui, Cao Yanbing, Wang Shunxiang
Case facts:
April 20, 1999 to April 2001 On March 11, Yu Hui, Cao Yanbing, Wang Shunxiang, Zhong Qiansheng, Jiang Xiaomi, Yuan Qiling and others committed more than 30 robberies in Shijie Town, Shipai Township, Dongguan City, Guangdong Province and other places, and robbed a certain amount of property. Among them, Yuhui robbed 74 people 18 times, causing one person to be slightly injured. The total value of the stolen property was RMB 480,983. and raped a woman; Cao Yanbing robbed 70 people 18 times (including 17 home invasions), and robbed property worth a total of RMB 385,528. and raped a woman; Wang Shunxiang robbed 64 people 16 times (including 15 home robberies), injured 3 people, and stole property worth RMB 292,099; Zhong Qiangsheng robbed 44 people 11 times, injured 2 people, and stole property Valued at RMB 344,285; Jiang Xiaomi robbed 53 people 11 times, injured 1 person, and robbed property worth RMB 274,539. Yuan Qilin entered and robbed 6 times, robbing 32 people, causing minor injuries to 2 people, and robbed property worth RMB 198,610; Zhang Shengning entered and robbed 3 times, robbing 14 people, and robbed property worth RMB 6,090; Tang Zhou entered and robbed 3 properties He robbed 6 people and robbed 6 people worth RMB 6,090; Li Qiuhui robbed 11 people twice and slightly injured one person, and robbed 144,380 yuan worth of property; He Jianchuan robbed 53 people 11 times and injured 1 person. One person was slightly injured, and property worth RMB 274,539 and RMB 144,380 was stolen; He Jianchuan robbed 6 people once, and the total value of property robbed was RMB 4,510; Yang Bo robbed 2 people once; Deng Chenghang and Tang Rendong both participated in the robbery 1 time3 Person (attempted); Ma Jiang purchased 2 **** motorcycles as stolen goods, with a total value of RMB 3,559.
In the first instance, the Intermediate People’s Court of Dongguan City, Guangdong Province sentenced Yu Hui and Cao Yanbing to death for robbery and rape, deprived them of political rights for life, and confiscated all personal property; it sentenced Wang Shunxiang and Zhong Qiansheng to robbery. , Jiang Xiaomi and Yuan Qilin were sentenced to death, deprived of political rights for life, and all personal property confiscated; for robbery, Zhang Shengning was sentenced to life imprisonment, deprived of political rights for life, and all personal property confiscated; for robbery, Tang Zhou and Li Qiuhui were sentenced to 10 years in prison. Five years, deprived of political rights for five years; He Jianchuan was sentenced to 11 years in prison for robbery, deprived of political rights for two years, and fined RMB 3,000. Tang Renkuo and Deng Chenghang were sentenced to ten years in prison for robbery, deprived of political rights for one year, and fined RMB 1,000; Yang Bo was sentenced to eight years in prison and fined RMB 5,000 for robbery; and Ma Jiang was sentenced to eight years in prison for purchasing stolen goods. Two years in prison and a fine of RMB 2,000.
The court of second instance held that Yu Hui, Cao Yanbing, Wang Shunxiang, Zhong Qiangsheng, Jiang Xiaomi, Yuan Qilin, Zhang Shengning, He Jianchuan, Deng Chenghang, Yang Bo, Tang Zhou, Li Qiuhui, and Tang Ren knew that it was illegal possession and formed a gang for the purpose of illegal possession. Violent means of entering homes to rob other people's property have constituted the crime of robbery; Yu Hui, Cao Yanbing and Wang Shunxiang's criminal methods are bad and subjectively malignant. There are many people who enter homes to rob, the number of robberies is large, the amount of robbery is huge, and the crime is highly harmful to society. . The amount of robberies was huge multiple times, which was extremely harmful to society. He was a repeat offender and should be severely punished in accordance with the law. Zhong Qiangsheng and Jiang Xiaomei should be sentenced to death for this crime. However, considering that Cao Yanbing, Wang Shunxiang, Yu Hui and others committed relatively few robberies and did not cause death or serious injury to the victim, they had a good attitude of pleading guilty after the incident and did not need to execute them immediately. Yuan Qilin is subjectively malignant and socially harmful, and is a repeat offender. He should be sentenced to death according to law. In view of his meritorious service, he can be given a lighter punishment. The actions of Yu Hui and Cao Yanbing also constituted the crime of rape and should be punished in accordance with the law; the actions of Ma Jiang constituted the crime of acquiring stolen goods.
In accordance with paragraphs 1 and 2 of Article 189 of the Criminal Procedure Law of the People's Republic of China, paragraphs 1 and 4 of Article 263 of the Criminal Law of the People's Republic of China, Article 230 Article 6, paragraph 1, Article 312, Article 48, Article 26, paragraph 1, paragraph 4, Article 65, Article 69, Article 67 , Article 68, paragraph 1, Article 23, Article 56, paragraph 1, Article 57, paragraph 1, and Article 64, according to the "Regulations of the Supreme People's Court on Authorizing the Higher People's Court and the People's Liberation Army Military Court Approved Certain Death Penalty Cases":
Approved the death penalty for Wang Shunxiang for robbery, deprivation of political rights for life, and confiscation of all personal property; the death sentence for Yu Hui for robbery and rape, deprivation Political rights will be lifelong. Yu Hui and Cao Yanbing will be sentenced to death and deprived of political rights for life.
It was approved that Wang Shunxiang be sentenced to death for robbery and rape, Yu Hui and Cao Yanbing be sentenced to death, deprived of political rights for life, and all personal property confiscated.
Zhong Qiangsheng and Jiang Xiaomi were sentenced to death with a two-year suspended sentence for robbery, deprived of political rights for life, and all personal property confiscated; Yuan Qilin was sentenced to life imprisonment for robbery, deprived of political rights for life, and subject to confiscation. All personal property; for robbery, Zhang Shengning was sentenced to 15 years in prison, deprived of political rights for five years, and fined RMB 5,000; for robbery, Li Qiuhui was sentenced to 13 years in prison, deprived of political rights for five years, and fined RMB 5,000. For robbery, Li Qiuhui was sentenced to 13 years in prison, deprived of political rights for three years, and fined 3,000 yuan; for robbery, Deng Chenghang was sentenced to five years in prison and fined 1,000 yuan; Tang Rendong was convicted of robbery and sentenced to five years in prison and fined RMB 1,000. Yang Bo was sentenced to four years in prison and fined RMB 1,000 for robbery.
6. The case in which the defendant Mo Zhaojun was acquitted
Case facts:
The defendant Mo Zhaojun was a judge of the Sihui City People's Court. In September 2001, the defendant Mo Zhaojun heard the case of the loan dispute between the plaintiff Li Zhaoxing and the defendants Zhang Kunshi, Lu Qunfang, Zhang Xiaojiao and Zhang Miaojin on his own, and made a civil judgment in accordance with the law, ruling that the defendants Zhang Kunshi, Lu Qunfang and Zhang Xiaojiao lost the case. The plaintiff Li Zhaoxing shall repay the loan of 10,000 yuan and interest within 10 days after the judgment takes effect, and shall be jointly and severally liable for the repayment; the defendant Zhang Miaojin shall not be liable for the repayment. After the judgment became legally effective, Li Zhaoxing applied to the Sihui City People's Court for execution. In accordance with the procedures, the court served the execution notice to the defendant Zhang Kunshi and others on November 13, 2001, and served the execution ruling to the defendant Li Zhaoxing and others on November 14, 2001. An execution notice was served and the execution was ordered to be completed before the 20th of the same month. At noon on the 14th of the same month, the defendants Zhang Kunshi and Lu Qunfang committed suicide by taking poison outside the wall of Sihui City People's Court. Zhaoqing City sued the defendant Mo Zhaojun for dereliction of duty and brought a lawsuit to the Zhaoqing Intermediate Court.
Trial process:
The Zhaoqing Intermediate Court found the defendant Mo Zhaojun not guilty in the first instance. The Zhaoqing Municipal Procuratorate filed a protest. The Provincial Court of Second Instance held that the defendant Mo Zhaojun performed the duties of the sole judge in the civil litigation in accordance with legal procedures and made judgments in accordance with the law. There was no dereliction of duty in the irresponsible or incorrect performance of duties. Objectively, there was no There is an inevitable relationship between the suicide of the parties Zhang Kunshi and his wife and their duties and behaviors stipulated in the criminal law. Their behavior does not constitute the crime of dereliction of duty. Therefore, their protest is dismissed. The original judgment is upheld.
This case affirms that judges do not bear criminal responsibility when performing their duties in accordance with the law. It is of great significance for strictly adhering to the principle of unity of subjectivity and objectivity and ensuring that judges exercise judicial power in accordance with the law.