On the afternoon of June 16, a pregnant woman in huanan county, Jiamusi City sentenced her husband for adultery and murder. The defendant Baiyun Jiang committed the crime of intentional homicide, sentenced to death and deprived of political rights for life; He was convicted of * * * and sentenced to six years in prison; He was convicted of robbery and sentenced to eight years in prison. He was sentenced to death for several crimes. The defendant Tan Beibei was convicted of intentional homicide, sentenced to life imprisonment and deprived of political rights for life; He was convicted of * * * and sentenced to five years in prison; He was convicted of robbery and sentenced to six years in prison. Combined punishment for several crimes is sentenced to life imprisonment and deprivation of political rights for life.
Out of guilt
Jiamusi City People's Procuratorate accused the defendants Bai Yunjiang and Tan Beibei of intentional homicide, * * and robbery. In the incidental civil action, the plaintiff asked the two defendants to compensate for the economic losses such as funeral expenses, death compensation, transportation expenses and spiritual comfort.
Baiyun Jiang met his colleague Tan Beibei on 20 1 1 while working in a company in Yantai City, Shandong Province, and then established a love relationship. On August 20 12, Baiyun River and Tan Beibei returned to huanan county, Heilongjiang Province to get married. During Tan Beibei's pregnancy, Baiyun River went to Yantai City in May 20 13 to apply for a birth certificate for the child. I heard from my former colleagues that Tan Beibei had sexual relations with many men during her stay with other women. After Baiyun River returned to Huanan, he questioned Tan Beibei. Tan Beibei admitted that there was such a thing, and their feelings were cracked. Out of guilt, Tan Beibei had the idea of deceiving the little girl to commit adultery and seeking psychological balance.
Starting from middle school students
In mid-May, Bai and Tan Beibei met Bai's junior high school classmate Kang Moumou in the morning market in huanan county. The three of them had dinner together and left each other their phone numbers. At that time, Kang was wearing a gold necklace, a gold bracelet, a platinum ring and a platinum diamond ring.
On June 25th, Bai Moumou, the daughter of Baiyun River, took Su Moumou, a 6-year-old girl who lives in the countryside, back to Room 70 1 3, huanan county Forestry Compound where her family lived for the night. After dinner, the defendants Bai and Tan Beibei crushed the tablets containing clonazepam (with sedative and hypnotic effects) and put them into two boxes of yogurt. Tan Beibei gave it to Bai Moumou and Su Moumou respectively. After drinking, Bai Moumou and Su Moumou developed coma symptoms. Baiyun Jiang took his daughter to another bedroom with the intention of raping Su Moumou, but eventually gave up adultery. In the exams on the 26th and 27th, Su Moumou and Bai Moumou were always accompanied by dizziness, and neither of them was admitted to high school.
Premeditated robbery of junior high school students
In July 1, Baiyun River moved his family to huanan county Forestry Compound. In mid-July, Baiyun River and Tan Beibei plan to trick Kang Moumou, a junior high school classmate of Baiyun River, into his home to rob jewelry and kill Kang Moumou. To this end, Baiyun Jiang and Tan Beibei bought mobile phone cards, two woven bags and a roll of yellow tape, crushed the tablets containing clonazepam and injected them into cans of beer and drinks respectively, and then invited Kang Moumou and his girlfriend Dong Moumou to their home for dinner.
On July 19, Kang Moumou and Dong Moumou made an appointment to come to Baiyunjiang's house. Kang Moumou wears 1 gold necklace, 1 gold bracelet, 1 platinum ring and 1 platinum diamond ring. Baiyun Jiang asked about the economic situation of Kang Moumou and Dong Moumou, which caused Kang Moumou to resent. Kang Moumou only drank a small amount of normal beer and left with Dong Moumou. Afterwards, Baiyun Jiang and Tan Beibei called and texted Kang Moumou and Dong Moumou respectively, and they went to their home alone to prepare to continue committing crimes, but neither Kang nor Dong went.
16 year old girl suffered misfortune
On July 20th, Baiyun Jiang bought a bottle of sedative and hypnotic white pills online. Then, Bai and Tan Beibei crushed the tablets containing diazepam and put them in a box of yogurt, waiting for an opportunity to trick the little girl into her home. On July 24th, Tan Beibei went out to look for the target of the crime and met Hu Moumou, a passing 16-year-old girl in huanan county Street.
Tan Beibei lied that she needed help with her stomachache and deceived the victim Hu Moumou to her home. Baiyun Jiang gave Tan Beibei the "yogurt" mixed with clonazepam and another box of ordinary yogurt on the grounds of thanking Hu Moumou for helping his wife. Hu Moumou fell into a coma after drinking "yogurt" and fell down on his own. Baiyun River committed adultery against Hu Moumou. Seeing that Hu Moumou is in the physiological period, coupled with his own reasons, adultery is unsuccessful.
The two men were afraid that their crimes would be exposed, so they had the idea of killing. Baiyun River covered Hu Moumou's nose and mouth with a pillow, and Tan Beibei held Hu Moumou's legs with both hands, causing Hu Moumou to suffocate and die. They put Hu's body in a suitcase and buried it in the suburbs of huanan county.
Do not accept the opinion of a lighter punishment.
Baiyun Jiang confessed to the fact that he and Tan Beibei committed * * * and killed Hu Moumou. I argued that I didn't want to * * Su Moumou, and later I didn't want to rob my classmate Kang Moumou. Defender has no objection to accusing Baiyun Jiang of intentional homicide, * * crime and robbery. The defense opinion believes that Baiyun Jiang has a good attitude of pleading guilty and is given a lighter punishment as appropriate.
Jiamusi Intermediate People's Court held that the two defendants actively committed criminal acts and played a major role in the same crime, both of which were principal offenders.
In the process of committing adultery with Hu Moumou, the two defendants failed to commit adultery due to Baiyun River's discovery that Hu Moumou was in the physiological period and Baiyun River's own reasons, which was an attempted crime and could be given a lighter punishment according to the crime. The defense opinion of Tan Beibei's defender's request for Tan Beibei's mitigation of criminal punishment is not accepted. When the two defendants and Su Moumou committed the crime of raping a young girl, Baiyun Jiang voluntarily gave up the crime. Although the crime was suspended, it caused physical and mental damage to the victim Su Moumou and should be given a lighter punishment as appropriate. The two defendants prepared tools and created conditions for the crime of robbing Kang Moumou and Dong Moumou, which belongs to crime preparation and can be mitigated according to the crime completion. After being taken compulsory measures, Tan Beibei truthfully confessed the criminal facts of himself and Baiyun River robbing Kang Moumou and Dong Moumou, which were not mastered by the judicial organs. It should be considered as surrender, and Tan Beibei has a statutory lighter punishment.
The lawyer analyzed why pregnant women were not sentenced to death.
Xu Xilong, a lawyer in Beijing, introduced the legal basis for Tan Beibei not to apply the death penalty according to law.
The legal basis for pregnant women not to apply the death penalty according to law includes the judicial interpretation of the criminal law and the Supreme Law. According to the provisions of the criminal law, people under the age of 18 at the time of committing a crime and women who were pregnant at the time of trial do not apply the death penalty. In addition, the Supreme People's Court's "Reply on whether the death penalty can be applied to the trial of spontaneous abortion cases of pregnant women in custody" stipulates that a pregnant woman who has spontaneous abortion after being detained on suspicion of a crime and is prosecuted for the same fact shall be deemed as a "pregnant woman at trial" and the death penalty shall not be applied according to law.
According to reports, the criminal law stipulates that pregnant women do not apply the death penalty at trial because of humanitarian considerations. Being pregnant means that she is pregnant with a new life, and her mother cannot be deprived of the right to be born because of her crimes. Women who are pregnant at trial as stipulated in the criminal law should be interpreted broadly, that is, they not only refer to women who are pregnant at trial in people's courts, but also include women who are pregnant at trial in pre-trial detention. Therefore, both women who are pregnant at the time of trial by the people's court and those who are pregnant at the time of trial in pre-trial detention belong to "women who are pregnant at the time of trial" and the death penalty cannot be applied to them.
The boy born to the murdered pregnant woman Tan Beibei was sent to the welfare home.
The bad guy finally got the punishment he deserved, but where did the baby who was accused by his parents from birth go?
On the afternoon of August 6th, 20 13, Tan, one of the suspects who killed the "angel girl", gave birth to a baby boy in huanan county People's Hospital of Jiamusi City.
According to witnesses, the child is white and fat and looks cute. However, unlike other children born with blessings, Tan's son's birth is secret and silent. Both Bai and Tan's parents said that they would not raise their children, and the children were sent to welfare homes.
The husband and wife felt deeply guilty, and the whole family suffered greatly. The two parents can't hold their heads in the local area. Sister Tan's marriage was ruined because of this incident, and Bai's brother's business was unsustainable.
It is understood that in Tan's hometown of Yantai, Shandong Province, her 32-year-old twin sister is scheduled to get married on August 24th. However, after the case happened, it caused a sensation in the whole country. Not only the local media in Heilongjiang and Yantai reported the incident, but also the family of Tan's sister's boyfriend was shocked when they saw the report. The man's family immediately decided to terminate the relationship with sister Tan and cancel the wedding. According to another introduction, Bai's parents have three sons, and Baiyun River is the second. Bai's younger brother runs a small business in the local area to support his family, but with the case of Bai raping and killing a girl, his business is unsustainable.
Because Tan has caused public outrage, in order to avoid personal attacks, the doors and windows of Tan's ward are covered with newspapers. After Tan's parents came to South China from Yantai, they only went to the ward to see their daughter at night. For fear of being followed, Tan's parents change hotels every two days.
During the trial, Tan Beibei has been relatively calm, while Bai's mood fluctuates greatly. After the investigation of this case ended, the police transferred the crime of * * *, intentional homicide and robbery to the procuratorate for review and prosecution.