Forensic medical examination results and examination and diagnosis records confirm that Xu XX was stabbed four times on the face (she received 11 stitches, leaving obvious scars), two teeth were chopped off, and the back of the head was slashed three times. , many hairs were chopped off, and two bone fragments were taken out from the knife edge. The index finger, ring finger, and little finger of his left hand were chopped off because Xu XX used his hands to protect his head when he was chopped.
After repeated investigations and visits, the public security organs solved the case, and with the approval of the XX City People's Procuratorate, the suspect Zhu XX was captured on May 2, 2004 and detained in the XX City Public Security Bureau Detention Center.
It turns out that the criminal suspect Zhu XX is the nephew of the victim. He was born in XX Village, XX Township on December 5, 1986. He is a senior student in XX Middle School. He did not study well when he studied at XX School with his father before 2000. Often act hooligan. I went to XX Middle School in the second half of 2000, but my bad habits didn't change.
On the evening of April 10, Zhu XX wanted to go to the cinema with his sister, but her sister refused to take him, so he hid behind Xu XX’s house, hoping to wait for his sister to leave before going to the cinema. While he was waiting behind the house, he heard Chen XX calling Xu XX to bring the bath water. He had an idea and suddenly, he sneaked from the back of the house to the mound at the gate of Xu XX's house and took advantage of Xu XX to bring the bath water. When he arrived at Chen's house, he rushed into the house and hid in the stove, trying to peek at XX taking a bath. However, XX did not take a shower after bringing the water back to the house. He just wiped his body with water and sat on the square stool next to the stove door. Knit a sweater. She just wiped her body with water and sat on the square stool near the door of the main room to knit a sweater. Zhu XX felt very uneasy when he saw that she had not taken a bath. At the same time, due to the long incubation time, his stomach ached, and he was so anxious that he had incontinence and could not go out. He was also afraid of being recognized and was ashamed to see others, so he had evil thoughts of killing. He took out a kitchen knife and put it on the lid of Xu's house. He quietly went to the back of Xu's house and blew out the kerosene lamp. He then attacked him and chopped him with a knife. The more the victim called for help, the more brutal Zhu XX became, until the neighbors heard the call for help. He rushed to the door, fearful of crime, opened the back door latch, and escaped through the creek on the dam.
Several drops of blood were found on the clothes and socks handed over by Zhu XX. After technical identification, the victim's blood type was consistent with the blood stains on the kitchen knife and the ground at the scene. After comparison, Zhu XX's fingerprints were also consistent with the fingerprints at the scene. The appraiser issued a corresponding criminal technical appraisal report. Neighbors also testified.
After the investigation by the XX City Public Security Bureau was completed, the case was transferred to the XX City People’s Procuratorate for review and prosecution. After review, the XX City People's Procuratorate believed that Zhu XX's behavior constituted the crime of intentional homicide and that he should be held criminally responsible. Therefore, on May 10, 2004, the defendant Zhu was charged with "X Prosecutor's Criminal Suit (2004) No. 122" on May 10, 2004. XX committed the crime of intentional homicide and filed a public prosecution with the XX Municipal People's Court.
After accepting the case, the XX Municipal People's Court established a collegial panel composed of the chief judge XX, acting judge XXX, and acting judge XXX, and held a public hearing on the case on May 25, 2004. Chen XX serves as secretary. Prosecutor Yu XX of the XX City People's Procuratorate appeared in court to support the prosecution. The defendant Zhu XX entrusted Gao XX, a lawyer from XX Law Firm, to serve as his defender. The victim Xu XX and his litigation agent XXX attended the court to participate in the lawsuit. Witness XXX and appraiser XXX participated in the court hearing.
The defendant Zhu XX confessed to his behavior and expressed remorse. His defender Gao XX proposed that the defendant Zhu XX is a minor and his behavior was an attempted crime and should be given a lighter or reduced punishment.
The public prosecutor pointed out that the defendant Zhu XX’s behavior was cruel and his purpose was to kill the victim. Although he failed due to reasons other than his will, it was an attempted crime. However, according to the provisions of the criminal law,
After the trial, the court held that Zhu XX’s behavior constituted the crime of intentional homicide. His purpose was to kill the victim. Although he failed to succeed due to reasons other than his will, it was an attempted crime. However, according to the provisions of the criminal law, the crime was attempted. It's "can" rather than "should"
The court held that Zhu XX's behavior constituted the crime of intentional homicide and was extremely harmful to society, so he could not be given a lighter or reduced punishment.
The court held after trial that the XX City People’s Procuratorate accused the defendant Zhu XX of committing intentional homicide. The facts were clear, the characterization was accurate, and the evidence was reliable and sufficient. The defendant’s behavior had violated Article 200 of my country’s Criminal Law. Article 32 constitutes the crime of intentional homicide. Defendant Gao XX's opinion that defendant Zhu XX is a minor and should be given a lighter or mitigated punishment is in compliance with the law and should be adopted. However, his suggestion that defendant Zhu XX's behavior was an attempted crime also "should" be given a lighter or mitigated punishment. If the opinions are inconsistent with the provisions of the law, they shall be adopted. In accordance with the provisions of Articles 232, 17, and 23 of the Criminal Law, the court decided to sentence defendant Zhu XX to eight years in prison, and issued a verdict on June 15, 2004.