On June 7, 2020 165438+ 10/kloc-0, Zhang Mobiao (right) accused of intentional homicide and Zhang Mochun (left) accused of harboring crimes appeared in court for trial.
& gt& gt& gt See you in court, killing your father's enemies.
I was sincere when I was caught, and now I'm not guilty of murder.
Time goes back to1July 2, 994. Zhang, a 39-year-old villager in Dongxia Township, Cili County, was stabbed to death by Zhang Moubiao, the son of Zhang Mouzhuo, when he had a conflict with Zhang Mouzhuo because of irrigation problems in rice fields. After identification, Zhang was stabbed many times with a single-edged sharp instrument, causing acute hemorrhagic shock and death.
1July 2, 994, Zhang was only 39 years old when he was killed.
When my father was killed, my sister 1 1 was old, and my sister Zhang was only 9 years old.
Zhang's wife Zou took her two daughters to the road to hunt down the murderer. This year, my sister Zhang Alicai was 1 1 years old, and my sister Zhang Cai was 9 years old. 1March, 996, Zou died in a car accident. From then on, the two sisters succeeded their mother and went through hardships to pursue the murder for their father for 25 years. Until September 29th, 20 19, the police confirmed that Zhang was arrested through DNA.
Now, after a lapse of 26 years, the two sisters finally saw their father's murderer again in court today, and it is hard for the two sisters to let go for a long time.
"He (Zhang Mobiao) is not the same as when he was just caught. At that time, he was very sincere, but today he is completely the kind of person who excuses himself for killing. " 165438+ 10/7 in the afternoon, after the trial, Zhang told Huashang Daily that when he saw an enemy who killed his father in court, his first impression was that Zhang Biao was defending the murder that year.
The>& gt& gt court denied that it was intentional homicide.
Arguing that it was self-defense, please refer to the Lijiang anti-killing case.
In court, Zhang Biaobiao denied intentional homicide, claiming that the victim Zhang chased him. He stabbed Zhang in the resistance, which is contrary to the prosecution's accusation that "Zhang Biao chased Zhang with a pig-killing knife".
Zhang Mobiao said that after catching up with him, Zhang held his neck with one hand and grabbed his knife with the other hand and pressed his head in the paddy field. He pinched the water and stabbed each other with a pig knife in resistance. He denied that his behavior was intentional homicide.
However, the public prosecutor suggested in court that Zhang was seriously chopped by Zhang Biao who was holding a pig-killing knife, and Zhang had no hoe in his hand. After being seriously injured, he actively pursued Zhang Biao with a sharp weapon. Zhang Biao's defense in court is unreasonable.
"He said that when my father was arguing with his father Zhang Mozhuo, he waved a hoe and injured his mother. When he saw his mother fall to the ground injured, he went to grab my father's hoe. My father grabbed him by the neck and he cut my father's arm with a knife hidden in his waist. Then he ran away, and my father chased him ... "
"My father was seriously injured. He must have gone to the hospital, because there is only one road leading to the outside in the village. He said that my father would hurt him in turn, and he continued to cut my father twice in the stomach. " Zhang said, "He signed a confession before, but his confession today always thinks he is innocent. We don't accept his attitude. Throughout the trial today, he has been in a state of pleading guilty. He felt that he was a legitimate defense and asked the judge to refer to the domestic Lijiang anti-killing case. "
& gt& gt& gt His father didn't sue for lack of evidence.
When they identified the scene, they all admitted that his father had cut the first knife.
In addition, the sisters' decision not to sue Zhang's father Zhang is also unacceptable.
"After the incident, when Zhang Biao identified the scene, he admitted that the first knife was cut by his father. His father hacked my father badly, and his father was involved. The public prosecution agency now says that the evidence is insufficient to prosecute, but in our family's view, many witnesses also identified him as involved in cutting my dad, and the first knife was cut by him. " Zhang believes that Zhang Mouzhuo should definitely be held accountable. You can't say that he won't pursue it without evidence. "But the prosecution has always said that the evidence is insufficient, saying that there is no blood of fighting in the mud at the crime scene. You can't see blood if you step on a few feet in a rice field in the countryside. This is the evidence that the police should collect at the scene.
& gt& gt& gt Dealing with False Identity Information Hiding
After 25 years of anonymity, I moved to a new home, got married and gave birth to two children.
According to the indictment of Zhangjiajie People's Procuratorate, Zhang Mobiao, also known as Zhang Mo Fan and Zhang Mopan, was born in February under the alias of "Zhang Xin" during his escape. At the time of the crime 16 years old.
After the incident, Zhang Biao absconded, and his sister Zhang Mouchun provided her with a place to live and found a job, helping her to handle false identity information and remain anonymous. In the trial of165438+1October 17, Zhang Mouchun pleaded guilty to the crime of harboring accused by the prosecution.
Zhangjiajie City Procuratorate believes that Zhang Mobiao deliberately deprived others of their lives illegally, resulting in one death, and should be investigated for criminal responsibility for intentional homicide. Zhang was over 14 years old and under 18 years old when he committed the crime, so he should be given a lighter or mitigated punishment; Knowing that he was a criminal, Zhang Mouchun still provided him with hidden shelter and property to help him escape. He should be investigated for criminal responsibility for the crime of sheltering. The procuratorate recommended to the court that Zhang Moubiao be sentenced to life imprisonment and Zhang Mouchun be sentenced to three to four years in prison.
Zhang said, "Zhang Biao said in court that after he escaped, he hid and called first to discuss his identity. He said that he contacted his sister Zhang Mochun, and her sister contacted their aunt to help him change his ID card. Later, his sister helped him find a job. His sister admitted that these things he wanted him to get married were also to protect his brother. "
"In the past 25 years, he has moved his hukou, got married and even had two children. He married in Yunfu, Guangdong, and his son 12 years old. 20 19 When the police arrested him in September, his wife was pregnant. " Zhang revealed that Zhang's defense lawyer provided the court with evidence that he worked in a factory. "It is to prove that he has not done anything illegal in recent years and works normally."
Zhang particularly stressed: "Our family members should be held accountable for their work in registered permanent residence."
& gt& gt& gt I have a knot in my heart that I can't let go.
The sisters went out to chase the murderer, but there was no landing. If they go back, they will look up.
Zhang Lingli's sister signed a legal document, talking about the difficulties in tracing the murder case for her father for 25 years. Zhang was filled with emotion: "I finally made progress today. In the most difficult time, we chased the murderer outside. During the Chinese New Year holiday, the sisters wandered around together, and we would think that Dad's case was not over yet. If we go back, we will also lift our heads. Dad's case is not over yet, and the escaped prisoner has not been caught. We always feel that we can't let go.
Zhang said: "We have encountered many difficulties in the pursuit of the murderer for so many years. We have also applied for judicial assistance to the Public Prosecution Law before, and there is no further news yet. "
"Until today, their family didn't even apologize, didn't even communicate with us, didn't have any spiritual and economic comfort, and didn't lose a penny. Our current appeal is to sentence him to death or life. "
Zhang Xianghua Business Daily reporter confirmed that "the amount of civil claim after the change is 6.5438+0.2 million, which has been formally put forward, including 790,000 death compensation, 300,000 support payments and 50,000 spiritual comfort payments. However, their defense lawyers believe that there is no evidence to prove the cost of chasing the murderer in our claim. "
& gt& gt& gt Wash away the crime.
It is suggested that the collegial panel can give him a lighter sentence, but not a lighter one.
After the trial, Zhang and Fu Jian, the agent ad litem, took a group photo as a souvenir. On June165438+1October 17, Zhangjiajie Intermediate People's Court said that due to the great complexity of the case, the court announced the date of sentencing. Fu Jian, an agent ad litem entrusted by the victim Zhang's family and a lawyer of Henan Yulong Law Firm, pointed out in an interview with Huashang Daily that Zhang took out a pig-killing knife with a length of about 30 cm and a blade of about 6 cm from home and stabbed Zhang several times, with the intention of letting the death result happen and depriving others of their lives.
Fu Jian said: "The focus of both the prosecution and the defense is whether Zhang Mobiao intentionally killed or negligently caused death. According to the relevant provisions of the Criminal Law 1979, the criminal suspect was over 14 and under 18 when he committed the crime, so he should be given a lighter or mitigated punishment, but the litigation agent has different views on this. We suggest that the collegial panel can give him a lighter sentence but not a lighter one. "
"He covered up the crime." Fu Jian pointed out that, first of all, Zhang Biao absconded after committing the crime, did not actively implement assistance, did not surrender for more than 20 years, and had no remorse; Change the household registration information, remain anonymous, and try to evade legal responsibility. Secondly, after the incident, Zhang Biao did not repent, nor did he actively compensate the victim's family, and did not obtain the understanding of the victim's family.
Fu Jian pointed out: "Because of Zhang's intentional homicide, the victim's family was destroyed, and the relatives of the deceased spent a lot of time and money looking for the suspect, and the normal family life was completely changed."