Three years ago, a big case happened in Harbin, and the police horse was kicked to death by others. The case was once characterized as an evil gang by the local police, and the principal offender Ke Wen was also sentenced to death by the Heilongjiang Provincial High Court. However, in the review stage of the death penalty, the Supreme People's Court refused to approve it and sent the case back for retrial. In the end, Kevin was commuted to a suspended death sentence.
The man who kicked the policeman to death was another recidivist who had been in the palace three times. Why must Kevin avoid death? Beijing Evening News reporter interviewed Xie Tongxiang, an attorney at the review stage of death penalty and a lawyer at Beijing Shanggong Law Firm.
The policeman was killed in a karaoke bar.
At about 2010 65438+1October 3 1 20, Ke Wen, Huang Liming, Wang Song Garden and their friend Gao Zhendong entertained in a karaoke bar in Xinjiang Street, Pingfang District, Harbin. At about 2 1 o'clock, Ke Wen and Huang Liming met Yu Tao and others in the karaoke room. The two sides toasted each other's rooms and exchanged greetings.
At this time, some policemen are also entertaining in the karaoke bars. The facts ascertained by the Heilongjiang Provincial Higher People's Court show that when people were waiting in the karaoke aisle, the police horse came out of the bathroom and wanted to go back to the private room where colleagues met. Because he stepped on the horse's foot, the horse said to him, "You stepped on my foot." Dissatisfied, he said to the horse, "Why did you step on your foot?" The one standing nearby punched the horse on the head and knocked him to the ground. After kicking the horse's head continuously, Wang Song Garden also stepped forward to kick the horse's head and chest continuously. Regardless of everyone's dissuasion, he straightened up and kicked the horse again. Wang Song Garden kicked again, kicked the horse's head again and left.
In the process of being sent to the hospital for emergency treatment, police officer Ma died because of repeated blunt force on his head and face.
The police ignored the injuries of their colleagues.
On the same day, there were seven colleagues singing with Ma in Room 203 of the karaoke room. However, it may be that the singing is loud and the noise in the corridor did not attract the attention of these colleagues. Even some policemen turn a blind eye to the people lying on the floor of the aisle who are drunk and have no idea that they are their colleagues.
Police officer Chen Mou testified that he and his colleague Wu Mou saw a man lying in the corridor between the men's room and Room 203. He thought someone was drunk and ignored him and went back to his room. Later, I heard from Han that the horse was beaten. When he went out, he saw the horse lying on the sofa in another private room. They took the horse to the hospital, and the doctor said the horse was dead.
Han testified that about 10 minutes later, Ma went to the bathroom and he saw two policemen at the local police station. Ask in the past, the police said someone reported the case. At this time, he found the horse lying on the sofa in a private room opposite, with his nose bleeding and his eyes closed. He and his colleagues took the horse to the hospital, but the horse was dead.
The process of arresting Kevin and others is quite dramatic. After beating the horse, wait for someone to go out to a restaurant for dinner. When they learned that a group of people had gathered in the karaoke bar, Ke Wen thought it was the other party who came to fight, so he grabbed a kitchen knife from the restaurant and went to the karaoke bar by car with Huang Liming and others. As a result, when I went in, there were policemen inside. When the police arrested Kevin, Kevin and others tore up the police. Even when the police took Kevin to the police car, their accomplices pulled open the door to "rescue" Kevin, and then the police fired guns into the air to contain these people.
The recidivist who entered the palace three times was sentenced to death in the first instance.
Ke Wen is 26 years old, from Harbin, with a junior high school education. As early as 2003, when he was a minor, he was suspended for intentional injury. In August 2009, Ke Wen was sentenced to six months' imprisonment for the crime of provoking trouble.
The Harbin Intermediate People's Court held in the first instance that Wang Song Garden kicked Ma because of trivial matters, which caused Ma's death, and his behavior constituted the crime of intentional homicide. In addition, Ke Wen also beat others in two other cases, which constituted the crime of intentional injury and the crime of seeking trouble. Ke Wen's murder is extremely serious, and he is a recidivist, so he should be severely punished. According to Ke Wen's criminal facts, criminal nature, plot and the degree of harm to society, the hospital sentenced Ke Wen to death and deprived him of political rights for life.
After Ke Wen appealed, the second instance of Heilongjiang Provincial High Court upheld the judgment of the first instance and submitted it to the Supreme Court for review. Later, Ke Wen's family found Xie Tongxiang, a lawyer from Beijing Shanggong Law Firm, and asked him to be the defender in the review stage of the death penalty.
Arguing with the law doesn't deserve to die
"After fully understanding the case, I think Ke Wen belongs to people who don't have to execute the death penalty immediately." Lawyer Xie Tongxiang, who has successfully defended the death penalty review stage for many times, raised many disputes and submitted written defense opinions to the Supreme Court judge.
First of all, on behalf of Ke Wen, Ke Wen's parents actively compensated the victim's family for 500,000 yuan, which made up for the economic losses of the victim's family to a certain extent, and obtained the understanding of the victim's family and reached a letter of understanding. The victim's family also actively requested the court to punish Ke Wen lightly. If the death penalty is approved, the victim's family will not get compensation, which is not conducive to social stability.
Secondly, Kevin is not involved in the underworld, nor is he the boss of the underworld. He got together with some friends temporarily to play, and it was not an evil gang at all. They drank too much and occasionally happened to meet the victim. Although Ma was a policeman, Ma did not perform official duties at the time of the incident. There is no premeditated temporary quarrel between the two sides, which can only be handled in accordance with ordinary criminal cases. Kevin has no hostility to the victim, that is, drinking too much and beating the victim after the quarrel. Subjectively, he has no intention to kill, so it is wrong to characterize the crime of intentional homicide and should be punished as the crime of intentional injury.
In addition, when the police arrested Kevin in a karaoke bar, Kevin identified other defendants on the spot. The police arrested the person named by Kevin on the spot, and should treat Kevin with reference to meritorious service. After arriving at the case, Ke Wen actively pleaded guilty, repented and confessed, and should be given a lighter punishment according to law.
"One more thing should be noted." Xie Tongxiang said, who kicked the fatal injury? At that time, many people kicked the horse's head, but the last kick was not. Lawyer Xie Tongxiang believes that Ma's death is the result of many injuries, and his immediate execution should not be used to compensate his life.
The Supreme Court will not approve the death penalty.
The Supreme People's Court formed a collegial panel according to law, interrogated the defendant Ke Wen and listened to the opinions of defense lawyers. On August 2 this year, a criminal ruling was made, the death penalty was rejected, and the case was sent back to the Heilongjiang Provincial High Court for retrial.
The Supreme Court held that Ke Wen committed the crime of intentional homicide, with bad circumstances and serious consequences, and was a recidivist, which should be severely punished according to law. In view of the fact that this case was caused by the deaths of many victims, Ke Wen was able to truthfully confess the facts of the crime after he was brought to justice, and his relatives could actively compensate the economic losses of the relatives of the victims and obtain understanding. Kevin may be sentenced to death, but it will not be executed immediately. Therefore, the Supreme Court refused to approve it and sent it back to the Heilongjiang Provincial High Court for retrial.
In June 5438+10, Heilongjiang Provincial High Court made a judgment after retrial. The court held that after Ke Wen was arrested, he could truthfully confess the facts of the crime, and his relatives could actively compensate the economic losses of the relatives of the victims and obtain understanding. He may be sentenced to death, but he will not be executed immediately. Ke Wen's appeal opinion that the sentence in the first instance is too heavy and his defender's defense opinion that Ke Wen should plead guilty, repent and confess should be adopted. Finally, the Heilongjiang Provincial High Court decided to suspend Ke Wen's execution for two years and limit Ke Wen's commutation.
Beijing Evening News reporter Yang Changping