International students stabbed their biological mother to death
On March 31st this year, Wang Jiajing, who had studied in Japan for nearly five years, flew back to Pudong, Shanghai from Tokyo, Japan. Before boarding the plane, Wang Jiajing called her mother who needed living expenses and said that she was "starving without money". After being rejected by her mother, Wang Jiajing angrily took the opportunity to return home.
At 8: 3 that night, Wang Jiajing arrived at Shanghai Pudong Airport. After checking his luggage, he met his mother in the waiting hall. Wang Jiajing later admitted that the first sentence he asked his mother was "Do you have any money? Will you give it to me?" Then the two sides argued, and the Queen Mother made it clear that she had no financial resources to continue her studies. Wang Jiajing immediately went to the export, followed by the Queen Mother.
When hearing her mother's nagging at the back, "If you don't want money, it's fatal", Wang Jiajing, who was deeply stimulated, took out two sharp knives from her checked-in luggage and slashed and stabbed her mother's head, arms, abdomen and back. The unsuspecting Queen Mother was injured and eventually fell to the ground. Wang Jiajing was captured by the police when she fled the scene. Wang Jiajing was arrested by the police when she fled the scene. Mother Wang's stomach, liver and other internal organs ruptured, which was once life-threatening. After forensic identification, his injury constitutes a serious injury.
"My mind is blank". After arriving at the case, Wang Jiajing once described the situation when he attacked his mother.
In June 211, after judicial appraisal, Wang Jiajing suffered from schizophrenia, with limited criminal responsibility and the ability to stand trial. On August 1, the public security organ transferred Wang Jiajing to the procuratorate for examination and prosecution on suspicion of intentional injury. On September 14, the procuratorate formally filed a public prosecution with the court.
at 9: 3 am on October 2th, this "mother stabbing case" which attracted much attention from the society was heard in the first court of Pudong New Area Court in Shanghai.
Can "self-knowledge and indefensible" be exempted
In the previous trial, the public prosecutor pointed out that the defendant Wang Jiajing intentionally injured others with a knife, causing serious injuries, and should be investigated for criminal responsibility for intentional injury, and should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years according to law. In view of Wang Jiajing's ability to limit criminal responsibility when committing a crime, he can be given a lighter or mitigated punishment according to law; After Wang Jiajing arrived at the case, he confessed his crimes truthfully, and the punishment can be mitigated according to law.
Although both of them mentioned "lighter punishment", Wang Jiajing's defense lawyer disagreed. In his view, according to the judicial expertise provided by the prosecution, Wang Jiajing "had no self-knowledge", which proved that he had completely lost the ability to identify his own behavior at the time of the crime. Wang Jiajing should not bear legal responsibility for his ability to identify his own behavior, because the crime was in the onset period and his subjective consciousness had been lost.
As a victim, Ms. Wang was eager to protect her son, and repeatedly stressed that she neglected her son's mental illness: in this year's earthquake in Japan, her son told her that "there was a strange noise in her ears". As early as 29, she and her husband also discovered some unusual behaviors of their son. Once he came home, the three of us were walking well, and suddenly he gave a cry, which surprised us all.
The public prosecutor thinks this view of defenders and their families is "taken out of context", and the complete statement in the appraisal is as follows: "When it comes to disputes with mothers, there is still self-knowledge; In Japan, all kinds of inferiority complex appear to be emotionally uncoordinated, and the active will activity is pathologically enhanced < P > As for the identification of Wang Jiajing's self-control ability, the prosecutor believes that the expert's analysis has been very clear, and the expert's opinion is that Wang Jiajing suffers from schizophrenia, and the act of hurting her mother stems from an argument with her mother because she wants money, and is not directly affected by psychotic symptoms such as hallucinations and delusions. However, it was in the onset period at the time of the crime, and there are obvious emotional subtleties. The prosecutor pointed out that "reduced control ability" means that mental patients who have not completely lost their ability to identify and control their own behavior commit crimes according to the provisions of the third paragraph of Article 18 of the Criminal Law, that is, they have criminal responsibility and should bear criminal responsibility, but they can be given a lighter or mitigated punishment.
after 11 days, the statement that "self-knowledge" should be exempted was rejected by the court. In the first instance, Wang Jiajing was sentenced to three years and six months in prison for intentional injury.
The court held that the defendant Wang Moumou intentionally injured another person's body, causing one person to be seriously injured, and his behavior constituted the crime of intentional injury. The charge charged by the public prosecution agency was established and the court supported it. As for the defender's defense opinion that Wang was "self-aware" when he committed a crime according to the appraisal report, he did not have the ability of criminal responsibility and did not constitute a crime, our court believes that the "self-awareness" in the judicial appraisal opinion refers to a mental illness shown by the defendant Wang when talking about his experience in Japan. The court held that the "lack of self-knowledge" in the judicial expertise opinion refers to the defendant Wang's subjective ignorance of his mental illness and lack of "self-knowledge" when talking about his experiences in Japan, rather than the fact that Wang lost the ability to identify and control his own behavior when committing a crime. Therefore, it is one-sided to deny the defendant's criminal responsibility with "lack of self-knowledge". For more misunderstandings about "ignorance", the court refused to accept the defender's relevant defense opinions.
"no self-knowledge" ≠ no ability to identify and control
What is "no self-knowledge"? Is the defendant's lack of "self-knowledge" related to criminal responsibility? The reporter of Legal Daily interviewed Guo Hua, a forensic expert and professor of the Law School of Central University of Finance and Economics (Admissions Office).
"According to the definition in the field of forensic expertise, self-knowledge refers to the cognitive ability to know whether he is mentally ill or whether his mental state is normal.' No self-knowledge' means that he does not admit that his mental state is abnormal, more popularly speaking, he feels that he is not mentally ill". Guo Hua explained to reporters.
Guo Hua also said that many mental patients don't realize that they have mental problems, but this is not the key to the problem. " Even if he doesn't realize that he has mental illness, it has nothing to do with his ability to know and control his behavior. "
Guo Hua analyzed that, in this case, the key depends on the extent to which Wang Jiajing's schizophrenia affected his ability to identify and control his behavior when he stabbed his mother. Whether this mental illness affects his ability to recognize his own behavior and whether it affects his ability to control his own behavior is the key to judgment.
"Generally speaking, a normal person wouldn't stab his mother easily, so why did Wang do it? Because they had a quarrel, they were emotional after the quarrel, so this behavior should show that his recognition ability is not weak. "Guo Hua told the Legal Daily reporter that this corresponds to the" limited capacity "in judicial expertise, that is to say, the disease only weakened his ability to identify and control, not completely eliminated it, so he should still bear the responsibility.
Ma Chaojie, the presiding judge of this case, the president of the criminal court of Pudong Court and an outstanding national judge, also accepted an interview with the media after the verdict was pronounced.
Ma Chaojie pointed out that we should comprehensively and objectively understand the opinions of judicial expertise. The expert opinion is clearly analyzed. Although the defendant Wang is in the onset period of schizophrenia, he has not completely lost his ability to identify and control his behavior.
Ma Chaojie emphasized that the expert opinion said: "This kind of behavior of hurting mother stems from the dispute between mother and mother for money, and it is not directly affected by mental symptoms such as hallucinations and delusions, but there are obvious obstacles in the delicate emotional aspects of the crime, and the ability to control the crime is weakened." That is to say, at this time, Wang did not completely lose the ability to identify and control his own behavior, but this ability to control has been "weakened". Therefore, according to the third paragraph of Article 18 of the Criminal Law, "a mental patient who has not completely lost his ability to identify or control his own behavior commits a crime, he should bear criminal responsibility, but he can be given a lighter or mitigated punishment. Criminal responsibility, but may be given a lighter or mitigated punishment. "