Public Prosecution Organ People's Procuratorate of Zhengzhou City, Henan Province
Defendant Sun Wong, male, 3 1 year old, company employee, lives in Dongming Road, Zhengzhou City, Henan Province. 1998 10/kloc-0 was placed under residential surveillance on 26th October, and was arrested on 3rd October of the same year.
The defendant Sun Wong's intentional homicide case was prosecuted by the People's Procuratorate of Zhengzhou City, Henan Province on February/KLOC-0, 2006 to the Intermediate People's Court of Zhengzhou City, Henan Province.
The indictment charges:1On the evening of October 23rd, the defendant Sun Wong and his girlfriend Yan Liu were playing cards at Wang Sanmei's house in the same village as Yan Liu. In the process of playing cards, Huang and Liu had a dispute, and the latter two returned to cohabitation. At 9 o'clock the next morning, Sun Wong left his residence. At about 6:5438+00:30 in the morning, his father Liu was found killed when he was transferred upstairs to check the telephone line. Forensic identification showed that Yan Liu was strangled by others, and his left neck was stabbed by a single-edged stinger, resulting in mechanical asphyxia and hemorrhagic shock. The time of death is about 1 the morning of October 24th 1, 998,1. After on-the-spot investigation and interrogation of Sun Wong, and according to the forensic expert's appraisal of Yan Liu's death time, the public security organ confirmed that only Sun Wong was present when Yan Liu was killed. According to Sun Wong's confession, Liu Zhunyun's witness testimony, expert conclusion, on-the-spot investigation record and relevant verification evidence, the public prosecution agency believes that Sun Wong deliberately deprived others of their lives illegally, resulting in Yan Liu's death, and his behavior has constituted the crime of intentional homicide.
Defendant Sun Wong denied killing Yan Liu.
Defender of defendant Sun Wong argued that the public prosecution agency accused defendant Sun Wong of intentional homicide only on the basis of the expert conclusion about Yan Liu's death time, which seriously failed to meet the legal proof standard of "the evidence should be really sufficient". In this case, Sun Wong had no criminal motive for intentionally killing Yan Liu; The time of Yan Liu's death identified in the indictment is obviously inconsistent with the postmortem phenomena such as corpse spot, cornea and pupil of Yan Liu's body recorded in the Criminal Technical Appraisal Book. "A lot of sperm" left by Huang Xin was found in the body of the deceased, indicating that Yan Liu may have been injured by others after Sun Wong left. The case of Yan Liu's murder should be further recognized as a case of rape and murder.
In the court investigation, both the prosecution and the defense cross-examined the evidence provided by the public prosecution agency:
1. All the confession materials of the defendant Sun Wong, the witness testimony of Liu Zhuanyuan, Ren Sumian and Wang Sanmei and Sun Wong's confession in court provided by the public prosecution agency can prove that Sun Wong and Yan Liu had an altercation at Wang Sanmei's house the night before the murder. At 9 o'clock in the morning, Sun Wong left Ada's home and had a talk with Ada's mother, Ren Sumian. After Sun Wong left Ada, she helped her sister buy computer accessories. At about 10: 30 in the morning, Liu Zhunyun found her daughter Yan Liu killed.
Defendant Sun Wong argued that he didn't kill Yan Liu. From the evening of 23rd to 9: 00 the next morning, he and Yan Liu were together all the time. When he left, Yan Liu was still alive. Defenders believe that the quarrel between Sun Wong and Yan Liu cannot prove that Sun Wong had a motive to kill Yan Liu.
2. According to the column of "Field Situation" in the Record of Yan Liu Murder Scene Investigation provided by Zhengzhou Public Security Bureau (98) No.243 (hereinafter referred to as "Appraisal No.253"), Yan Liu's murder scene is located on the west side of the second floor, with a one-bedroom door lock intact and no signs of tampering; The external window of the indoor toilet is open, the screen window is closed, and there is no sign of climbing. The windows on the west and south side of the bedroom are all aluminum alloy sliding windows, and no climbing marks are found.
Defender of the defendant Sun Wong believes that the record of "scene situation" in the Criminal Technical Appraisal Book is wrong. The photos of the scene of the case show that the aluminum alloy sliding window and screen window on the west side of the bedroom are all open, while the aluminum alloy sliding window on the south side of the bedroom is open and the screen window is closed.
3. Appraisal No.243 provided by the public prosecution agency records: "According to the autopsy, the deceased had scattered abrasions and subcutaneous bleeding on the front and right sides of the neck, a horizontal annular closed funicular groove on the thyroid cartilage, and subcutaneous and muscular bleeding on the neck. Combined with the signs of asphyxia such as cyanosis, punctate hemorrhage on conjunctiva and punctate hemorrhage under epicardium, it shows that Yan Liu was strangled mechanically (hands) and strangled (power cord) before his death. A dagger was inserted into the neck of the deceased, and it was found that the wound path was inclined inward and downward, causing the left internal jugular vein to penetrate, the left subclavian artery to cross, and a large amount of blood accumulated in the left chest cavity. Combined with the signs of blood loss such as pallor of corpse and pallor of lungs, it shows that Yan Liu stabbed the left neck with a single-edged stinger (dagger) when the heart has not completely stopped beating, causing a lot of blood loss. " "Yan Liu was strangled by others, and the left neck was stabbed by a single-edged sting, which led to mechanical suffocation and hemorrhagic shock."
Defendant Sun Wong's defender thinks: Because the dagger of one of the murder weapons is of unknown origin, and no fingerprints were extracted from the murder weapon, there is no evidence to prove that Sun Wong strangled Yan Liu with his hand, strangled him with a power cord, and stabbed his left neck with a single-edged stabbing device, resulting in Yan Liu's death.
4. The appraisal certificate No.243 provided by the public prosecution agency, the appraisal certificate No.3994 of the Ministry of Public Security (99), the appraisal certificate No.05 of the Supreme People's Procuratorate (2000) and the research records of forensic doctors of relevant departments in provinces and cities all prove that the death time of Yan Liu is 1998 10.
Defender of defendant Sun Wong believes that there is doubt about the determination of Yan Liu's death time. First, Yan Liu's conclusion on the time of death was based on the phenomenon after death, with corpse cold as the only thing, and did not actually consider the important factors affecting corpse cold, such as naked body, massive blood loss and being placed on the non-wooden floor. Secondly, the No.243 appraisal book records that the deceased's "corpse spots are distributed in the uncompressed parts of the back of the corpse, which are red and purple, and the acupressure part is faded", "the cornea is transparent" and "the pupils are dilated in a circular shape with a diameter of about 0.5CM". According to forensic literature, the above-mentioned postmortem phenomena should occur within 2-3 hours, 1 hour and 4 hours after death. These postmortem phenomena of the victim are not consistent with the phenomenon that the victim has died 12 hours, which shows that the above-mentioned forensic identification is unreliable for the presumption that the victim has died 12 hours. Three, the Ministry of public security (99) No.3904 physical evidence appraisal book without the signature of the appraiser, should not be used as conclusive evidence; The minutes of the meeting of the relevant departments to study the time of Yan Liu's death do not belong to the scope of evidence stipulated in the Criminal Procedure Law and have no evidential effect; The Supreme People's Procuratorate No.05 appraisal book was made according to Zhengzhou Public Security Bureau No.243 appraisal book, and the evidence has limited effect.
5. The inspection report of the Ministry of Public Security (98) No.3059 provided by the public prosecution agency records that "a large number of sperm were found in vaginal swabs in Yan Liu, and substances A and B were detected". Confirmed by the Ministry of Public Security (98) Guo Jian Zi No.3276 and (200 1) Guo Jian Zi No.2303, "the DNA genotype of this sperm is different from that of Sun Wong".
Defenders believe that there were "a lot of sperm" in the body of the deceased, which indicates that Yan Liu was killed after Sun Wong left Yan Liu at 9 am on 24th. According to the description of the "brief case" in three appraisal books issued by the Ministry of Public Security, "Yan Liu was raped and killed", this case should be characterized as rape and murder.
Zhengzhou Intermediate People's Court held that:
When the public prosecution accuses the defendant of a crime, it must ensure that the accused facts are clear and the evidence is true and sufficient. In this case, according to the available evidence, the indictment accused the defendant Sun Wong of killing Yan Liu with unclear motives and insufficient evidence. Evidence shows that when the murderer killed Liu Yan, he grabbed her neck with his hands, strangled her neck with a power cord, and stabbed her left neck with a single-edged stinger, causing Ada to die of "mechanical asphyxia complicated with hemorrhagic shock". However, the evidence presented by the public prosecution agency cannot prove that Sun Wong killed Yan Liu with such direct and concrete behavior. The indictment accuses Sun Wong of intentional homicide, and the only indirect evidence is the appraisal conclusion about the death time of the victim Yan Liu. However, there are obvious contradictions between the postmortem phenomena of the victim's corpse spot, cornea and pupil recorded in the Criminal Technical Appraisal Book and the appraisal conclusion of Yan Liu's death time in the Appraisal Book, and the existing evidence cannot give a reasonable explanation for this. In the court investigation, the public prosecution agency failed to explain the major doubts such as "Who is the source of a large amount of sperm in the vaginal secretion of the deceased Yan Liu" and "Was Yan Liu raped by others before her murder", and the existing evidence could not give a reasonable explanation. This shows that the facts of this case have not been investigated clearly, and the existing evidence provided by the public prosecution agency is obviously insufficient to prove that Yan Liu was indeed killed by Sun Wong. Zhengzhou People's Procuratorate accused the defendant Sun Wong of killing Yan Liu. The facts are unclear and the evidence is insufficient, so it cannot be established and will not be supported. Defendant Sun Wong and his defenders' arguments and defense opinions about the public prosecution agency are unclear and lack of evidence. They are established according to law and should be adopted.
Accordingly, on July 30, 2002, Zhengzhou Intermediate People's Court made the following judgment in accordance with the provisions of Item (3) of Article 162 of the Criminal Procedure Law of People's Republic of China (PRC):
Defendant Sun Wong is not guilty.
The judgment has taken legal effect.