The prosecution cited four main evidences to prove that Wang Shujin was not the real murderer.
1994, a rape and murder case occurred in the western suburbs of Shijiazhuang city, Hebei province. Nie Shubin was accused as a suspect and executed the following year. In 2005, Henan police arrested Wang Shujin, who admitted that he was the real murderer of the "Nie Shubin case".
In March 2007, Handan Intermediate People's Court made a first-instance judgment on Wang Shujin's case: the defendant Wang Shujin was convicted of intentional homicide and rape, sentenced to death and deprived of political rights for life. Wang Shujin refused to accept the appeal and appealed to the Higher People's Court of Hebei Province, the main reason being that "the procuratorate failed to prosecute the rape and murder case in the cornfield in the western suburb of Shijiazhuang".
The Higher People's Court of Hebei Province accepted the case according to law and conducted a second trial. On the morning of July 13, the Higher People's Court of Hebei Province held its third public hearing in the second trial court of Handan Intermediate People's Court to hear the case of the appellant Wang Shujin's rape and intentional homicide. The trial began at 9: 00 am. The first half of the trial was a public trial of the facts of murder, and the second half was a closed trial of the facts of rape.
In the trial on June 5438+00, the prosecution produced four sets of evidence, including the autopsy report of the victim in Nie Shubin case, the transcripts of on-site investigation and witness testimony, which proved that Wang Shujin Nie Fei was the real murderer.
The prosecution believes that there are four main reasons why 1994 rape and murder in the cornfield in the western suburbs of Shijiazhuang was not carried out in Wang Shujin:
First, the victim was wearing a white vest, nylon stockings on his feet and corn stalks around his neck. After the corn stalk was removed, his neck was wrapped in a floral shirt. Wang Shujin admitted that the victim was naked, but denied that the victim had a flowered shirt around his neck.
Second, no fracture was found in the victim's body, and the victim died of suffocation. Wang Shujin confessed that he first pinched the victim's neck and then stamped his chest and abdomen, causing the victim to die on the spot. If the victim was trampled to death, the body could not be broken.
Third, the case happened after 5 pm on August 5, 1994. The victim went to work in the afternoon, got off work at 5 o'clock, took a shower with his colleagues, rode home along the dirt road between Xinhua Road and kong zhai Village, and was killed on the way through the crime scene. Wang Shujin has always admitted that he committed the crime around 2 noon.
Fourthly, the victim's height is 1.52 meters, but Wang Shujin admits that the victim's height is similar to his. Wang Shujin is1.72m tall, which is 20cm taller than the victim.
Wang Shujin insisted that he did the case himself.
In his self-defense, Wang Shujin mainly believed that the rape and murder case in the western suburbs of Shijiazhuang was indeed his own doing.
Zhu Aimin, a defense lawyer, commented that Wang Shujin's confession about rape and murder in a cornfield in the western suburbs of Shijiazhuang was made without external information sources, and Wang Shujin's description of the crime scene was highly consistent with the transcript of the on-site investigation. Zhu Aimin believes that some details presented by the prosecution are different from Wang Shujin's confession. Considering that the incident has passed 19 years, the memory of ordinary people has declined, and it is impossible to require complete accuracy of details.
In addition, Zhu Aimin also believes that some evidence presented by the prosecution is flawed. For example, the autopsy report should be signed by two staff members, but only one staff member signs and the other staff member seals. In addition, the key material evidence "flower shirt" presented by the prosecution is only a photo, not a physical object.
Therefore, the defense believes that Wang Shujin's confession of committing a crime in the western suburbs of Shijiazhuang should be recognized according to law, and Wang Shujin has made great contributions. It is suggested that Wang Shujin be sentenced to death with a two-year suspension.
The prosecution admitted that there was no witness's signature in the transcript of the on-site investigation, and there were some minor flaws in the form. But at the same time, it is emphasized that even if there are small flaws, it does not belong to the exclusion of illegal evidence.
Wang Shujin himself said in his final statement that he was the murderer of rape and murder in a cornfield in the western suburbs of Shijiazhuang, and he asked the court to confirm this fact. At the same time, he said that he didn't get the right education since he was a child, and his family didn't manage him enough and didn't study well, which led to the crime. I regret it now. He said: "I want to clarify some things, but I also know that some things can't be confirmed now."
Experts said that whether the Nie case can be rehabilitated has nothing to do with the outcome of the Wang case.
The trend of Wang Shujin's case has caused many speculations. Lawyer Zhu Aimin said that he thinks there are three possibilities for the outcome of Wang Shujin's case: First, the Hebei Provincial High Court rejected Wang Shujin's appeal and upheld the original judgment; Second, the court of second instance found that the facts of the first instance were unclear and the evidence was insufficient, and sent it back for retrial; Third, the Higher People's Court of Hebei Province adopted the opinions of Wang Shujin and his defenders and directly changed the case.
The reason why Wang Shujin's case attracted public attention is closely related to Nie Shubin's case. Some criminal law experts believe that there is no necessary connection between how Wang Shujin's case is judged and whether Nie Shubin's case can be rehabilitated. Experts said that as long as the facts of Nie Shubin's case are unclear and the evidence is insufficient, it should be rehabilitated according to the principle of "no doubt". Whether the Nie case is unclear and the evidence is insufficient can only be determined through the case file.
Experts also said that at present, the judicial system in Hebei Province still does not allow lawyers to consult all the files of Nie Shubin's case, and all the files of Nie's case cannot be made public, which has become the most important factor for Nie's case to be rehabilitated. If Wang Shujin is executed, Nie Shubin's family will still have a chance to complain and reflect. The judicial system of Hebei Province should publish all the files of Nie case as soon as possible.