73-year-old mother, paralyzed 18 years, still suffers from rheumatoid disease, hypertension, arthritis, calcium deficiency cramps and other diseases. She has said "I want to die" in front of different people countless times. "Why didn't God take me away?"
My son Deng Mingjian has been serving his mother carefully for twenty years without any complaints. "Your mother wants to go to the toilet, come back quickly!" People in the village often hear Deng Mingjian's father yelling at his son who works in the field. Deng Ming put down his work and "flew" to his mother. Ten miles and eight townships praised him as a "dutiful son".
On 20th11May16th, after another fall, Ms. Deng's condition deteriorated. She once again sternly asked her son to buy her pesticides and let her sleep forever. Deng Mingjian obeyed his mother's "command" to die this time. And he, therefore, stood in the dock and was tried for the second time in Panyu District Court of Guangzhou yesterday.
The prosecution charges:
Unscrew the lid of the mixed pesticide for mother.
Mother Deng has two sons and two daughters, from Langzhong, Sichuan. 1993, Deng Mingjian just got married and Deng's mother suffered from hemiplegia. Deng Mingjian is the eldest son of his family. Because the family was poor, the younger brother was adopted by his family and the two sisters got married one after another. The burden of taking care of parents fell on Deng Mingjian. From 65438 to 0995, Deng Mingjian's wife Hua Xian went to Panyu to work, and Deng Mingjian looked after her parents and children in her hometown. In 2000, due to his wife's illness and family constraints, Deng Mingjian also came to Guangzhou to work.
20 10 in may, after his father died, Deng mingjian took his mother to Panyu to work, live together and take care of her. He rented a two-bedroom apartment near the factory and lived on the 1 floor. Because of the poor sanitary conditions, they once wanted to move there. No one can imagine that a year after his father's death, tragedy happened. His mother died of drinking pesticides, and his son Deng Mingjian gave them to her.
The People's Procuratorate of Panyu District, Guangzhou City accused the victim Li Moulan of suicidal thoughts because of her long-term illness. 2011/6 At 9 o'clock in May, Li Moulan asked his son and defendant Deng Mingjian to buy pesticides for him in the rental house at Lane 22, Wen Ming Street, Nanpu Village, Shi Qi Town, Panyu District, Guangzhou, in order to end his life.
Deng Mingjian listened to Li Moulan's request and bought two bottles of pesticides from the chemical fertilizer and pesticide store of Shilou Supply and Marketing Cooperative in Rongyuan Street, Shilou Town, Panyu District. After Deng Mingjian returned to the above-mentioned rental house to blend pesticides, he unscrewed the bottle cap and gave it to the victim Li Moulan, who died of poisoning after taking pesticides.
The procuratorate believes that the defendant Deng Mingjian's behavior has constituted a crime of intentional homicide, and he should be investigated for criminal responsibility according to law. In view of the defendant Deng Mingjian's truthful confession of his crimes, he can be given a lighter punishment according to law.
Panyu District Court held its first public hearing on 20 12 10.
Witness testimony:
Everyone says he is a "dutiful son"
After the first trial, the judicial organs conducted supplementary investigations and went to Deng Mingjian's hometown in Jinzi Village, Jinzi Township, Langzhong City, Sichuan Province. After supplementary investigation, the case was heard for the second time yesterday. In the court investigation stage of this trial, the public prosecutor submitted supplementary evidence materials to the court according to law, including several witness testimonies and documentary evidence.
Almost all the witness testimony confirmed that Deng Mingjian was a "dutiful son". Deng Fangming, Deng Mingjian's second sister, said that his mother was taken care of by Ming Jian. He is very filial and honest, but his mother has a big temper and often calls names. "Sometimes we dare not go back to our parents' home to see her. Deng said that her mother once said to her, "I know you are all very filial, but I am in pain." I wish I could drink a bottle of medicine and die. "
Deng Mingyou, Deng Mingjian's younger brother, also said that his mother said several times to buy pesticides to commit suicide, but no one bought them for her. My mother has a bad temper, and the villagers don't respect her, but my brother has been working hard and taking care of her wholeheartedly.
Because mother Deng often talked about suicide and drinking pesticides in front of people, her husband always collected pesticides carefully at home before his death. The head of Jinzi Village also testified. He said that once, Deng Mingjian's father helped Deng's mother, and Deng's mother suddenly said that she would jump into the well and was stopped by everyone.
The retired doctor of Jincun, who has been treating Deng's mother for a long time, said that Deng's mother suffered from rheumatoid diseases, hypertension and other diseases, and her fingers and toes were deformed and could not be straightened. In addition, the old man is seriously deficient in calcium, and she often cramps. He went to her house for consultation many times.
Neighbors and fellow villagers who have more contact with Deng Mingjian's family also prove that Deng Mingjian takes care of his mother very carefully. The worker said that Deng Mingjian went home as soon as he got off work, cooking and grooming for his mother. He earns more than 2400 a month, but he has never seen him wear new clothes. I often see him go to the doctor behind his mother's back. It is hard for everyone to accept Deng Mingjian's statement of "killing people".
In the evidence provided by the defense, there are also many letters of pleading written by villagers and relatives for Deng Mingjian.
Court confrontation and defense
Mother's tough mentality
Causing the defendant to be weak
Tang Chengkui, the defender of Deng Mingjian, said that Deng Mingjian respected and feared his mother. "Without Deng Mingjian's filial piety, his mother could not live that long. He has taken care of his mother for 20 years, and he is meticulous in small things like nail cutting. "
Tang Chengkui believes that his mother forced Deng Mingjian to buy poison, including his brothers and sisters, which proved that his mother had suicidal thoughts many times. It was his mother's tough attitude that caused Deng Mingjian's weakness this time, so Deng Mingjian's behavior was forced by his mother. Tang Chengkui also admitted that Deng Mingjian's behavior has constituted the crime of intentional homicide from the perspective of crime constitution, but he hopes to be given a lighter punishment when sentencing.
Court confrontation and public prosecutor
The defendant knows very well
Pesticides are deadly.
The prosecutor responded to the defense. Subjectively, Deng Mingjian did not say that the whole spiritual will was out of touch with his own behavior. At that time, Deng Mingjian knew very well that the pesticides he bought were very lethal after blending.
The prosecutor also agreed with the defender that the whole incident was a tragedy and suggested that the court should consider it as appropriate when sentencing.
It is reported that at the first trial, both the prosecution and the defense suggested to the court to sentence Deng Mingjian to probation.
Behind the lobby:
"It's not my fault to send my mother away."
After the media reported that Deng Mingjian helped his mother "euthanasia", it caused many discussions. Some people sympathize with him, others call him "unfilial". Yesterday, he first appeared in the sight of the media. He is not tall, with a white face, sitting quietly in the dock. He didn't say a word to defend himself.
During his stay in the detention center, he wrote to his wife Hua many times. "It's not my fault to send my mother away. I don't understand why I went to prison! The person I am most sorry for is you. You've been in my house for almost 20 years, and you've never had a good day. Since my mother was ill, you have been working hard with me until now ... "Deng Mingjian said in his letter that he hoped his relatives would not blame him, and he did so at his mother's request.
In fact, Deng Mingjian's brothers and sisters didn't blame him at all, but pleaded for him. They understand their mother's pain and Ming Jian's pain.
Yesterday, Hua came to the court early in the morning. According to the lawyer, this should be the last trial. Hua thought that Deng Mingjian might be released in court and specially filed a lawsuit for Deng Mingjian.
But because she is a witness, she can't attend the trial. She only glanced at her husband from a distance when Deng Mingjian was taken out of the court. She cried. The clothes she brought can't be given to Deng Mingjian. Her wish to hold her husband's hand and go home failed. But the defender comforted her that the case should be pronounced soon.
His sins are unforgivable, but his feelings are pitiful.
Yang Bin, a Guangzhou prosecutor who was widely praised for helping the female prisoner Zhou Mouying, wrote an article commenting on this matter: From a legal perspective, Deng Mingjian's behavior has definitely constituted the crime of intentional homicide. But out of affection for the kind people, Deng Mingjian took care of his severely paralyzed mother for nearly 20 years. Under the long-term mental and economic pressure, he became a mother-killer on impulse to get rid of it. Although his crimes are unforgivable, his feelings are pitiful.
On the one hand, we should accuse Deng Mingjian of the cruelty of killing his mother, but at the same time, we can't label this criminal dutiful son who took care of his paralyzed mother 18 years as evil. In the criminal cases with the fiercest conflict between human nature, the conflict between good and evil, emotion and law lashes our souls all the time. When there is a conflict between emotion and law, we can't deviate from the principle because of sympathy, but when sentencing, we can make a more humane judgment by integrating the defendant's consistent performance, personal danger, subjective malignancy, social harm of crime, understanding of family members and other factors.
Similar to the previous case of "loving mother drowning child with cerebral palsy" in Dongguan, this interpersonal tragedy has repeatedly challenged people's bottom line. The imperfection of social assistance system is the social cause of this tragedy. If China's security system for severely disabled people can be improved, the pressure on such families will be alleviated to some extent, so that tragedies can be avoided to some extent.
Whether it is the crime of killing the mother or the pain of killing the son, I believe it has brought immeasurable harm to the defendant himself and his family. If we blindly emphasize severe punishment, it will be tantamount to a double blow to his family. In dealing with such cases, I think "heavy sentence but light sentence" is a better choice.