A man from Guangxi refused to accept the death penalty when he intentionally hit someone with his car. He appealed, claiming that he lost control of his mind after taking drugs.

Because Yang was persuaded to take drugs many times by his family members, he not only had no regrets, but also held a grudge against his family members and even got violent. After taking drugs for two consecutive days, Yang drove out and deliberately hit people, killing two and injuring four.

The picture shows the scene at that time.

After a trial, the Hezhou Intermediate People's Court found Yang guilty of intentional homicide and endangering public safety by dangerous means in the first instance, and sentenced him to death. Yang was dissatisfied and appealed.

165438+On October 6, the Higher People’s Court of the Autonomous Region held a hearing via video link.

The man was persuaded by his family to take drugs and hit others with his car, killing two and injuring four. He was filled with resentment.

“I heard it very clearly and the signal was very good.” At 9 a.m., the trial officially began, and Yang, who was detained in the detention center, appeared on the big screen in the court. Yang, 30, is from Hezhou and has a junior high school education.

At the end of 2014, Yang became addicted to drugs. Yang would have disputes with his family every time he took drugs, and his family sent him to forced detoxification many times, but without success.

The Hezhou Intermediate People's Court found:

Yang became resentful due to drug abuse and was persuaded by his family many times. On February 3 this year, Yang beat his wife for no reason after returning home, but was stopped by his father and brother. On February 5, Yang drove around the streets after having a fierce argument with his father, brother and other family members on the phone.

When Yang drove to the intersection of Fanglin Road in Babu District, Hezhou City, he saw his brother’s girlfriend Shen walking on the sidewalk. He remembered that his brother had scolded him, so he vented his anger on Shen. superior. Yang stepped on the accelerator and hit Shen, seriously injuring him. He died after rescue efforts failed.

Subsequently, Yang continued to drive along Honglin Road and collided with a car. The driver of the car took the opportunity to get out of the car to check, snatched the car and left the scene. On the way, Yang thought that he could not escape the responsibility of hurting one person, so he did not stop him and planned to kill a few more people to be buried with him.

As a result, Yang drove quickly towards two electric bicycles waiting for the traffic light, knocking the driver of the electric bicycle, Zeng and the passenger to the ground. When Yang drove to the center of the intersection, he rushed towards an electric bicycle that was traveling normally, knocking the driver and passenger Ou Mouming away, and then hit two cars parked on the roadside before stopping, killing one person. Death, 3 people were slightly injured, 1 person was slightly injured, and multiple vehicles were damaged.

▲The scene of the accident.

▲Someone was pinned under a black car.

▲After the incident, Yang got out of the car to smoke and walked on the street, swaggering.

The Hezhou Intermediate People's Court held after hearing that Yang deliberately and illegally deprived others of their lives, and his actions constituted intentional homicide. Later, Yang drove his car and hit an unspecified person, endangering the safety of public places. His behavior constituted the crime of endangering the safety of public places by dangerous means.

The Hezhou Intermediate People’s Court convicted Yang of intentional homicide and endangering public safety by dangerous means, and decided to execute him and deprive him of his political rights for life. Yang compensated Shen, the plaintiff in the incidental civil lawsuit, and five other people for their economic losses caused by this case.

The defendant appealed: the day of the incident was a crazy behavior after taking drugs and was beyond his control.

"After taking drugs, I felt like someone was following me and hurting myself. I was under great mental pressure." During the court hearing that day, Yang had no objection to the facts found by the court of first instance, but argued that the incident occurred on the day It is a crazy behavior after taking drugs and is beyond one's control.

Yang’s defender said that Yang has been receiving treatment in a mental hospital. At the time of the incident, he was in the midst of an episode of schizophrenia. He had no intention or motive to kill, so his criminal liability was limited and he should be given a lighter or reduced punishment.

The case was pronounced on a certain day.

In this regard, the prosecutor has a different opinion: Although Yang has been to a mental hospital for treatment, it is all mental problems caused by drug abuse, so it cannot be concluded that Yang did not have the ability to identify or control his behavior when committing the crime. . So far, Yang's family has confirmed that Yang is abnormal after taking drugs but normal when not taking drugs.

At the same time, the evidence in the case proves that Yang had the ability to identify and control his own behavior when committing crimes. Before the incident, Yang behaved normally and could wear a mask, shop, borrow a phone, and drive a vehicle. When Yang commits a crime, he has a clear mind, realistic motives, and clear goals. He will choose more lethal means of committing crimes and more targets.

After Yang returned to the case, knowing that he might be subject to criminal punishment, he made a detailed confession about the motive, process and consequences of the crime, which was mutually corroborated with other evidence in the case and reflected his mind when committing the crime. Sober, able to fully control his own behavior, and fully capable of criminal responsibility. Therefore, the prosecutor recommended that the court reject the appeal and uphold the original verdict.

After hearing the opinions of both the prosecution and the defense, the collegial panel announced an adjournment and will select a day to pronounce the verdict.

This article is from Autohome, the author of Autohome, and does not represent the position of Autohome.