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Kunming Intermediate People's Court of Yunnan Province
CaseNo. (2004) Kun Xing Yi Chu ZiNo.. 107
Date of judgment: April 24, 2004.
Judge Long Dao Wen Bing
Judge Zhang Zhaolong
People's Juror Yang Dehua
Yunnan Higher People's Court Trial Chamber
CaseNo. (2004) Gao Yun Fu Zi No.492
Date of judgment: June 2, 2004.
Presiding Judge Lv Jun
Judge Wang Xinlong
Acting Judge Zhang Xuanping
Prosecutors: People's Procuratorate of Kunming City, Yunnan Province, prosecutors Zhu Binbin and Li Yunbing, and attorney Zhu Li.
Victim Tang, male, Bai nationality, was born on June 1980+0 1, a native of Lushui County, Yunnan Province, majoring in biotechnology in the School of Life Sciences of Yunnan University, and lives in the dormitory of Yunnan University, No.52 Cuihu North Road, this city.
Agents ad litem: Li Junhua and Sun Ke, lawyers of Yunnan Jianguang Law Firm.
Victim: Shao Ruijie, male, Han nationality, 1982 65438+ 10/7, born in Cangwu County, Guangxi, majoring in biotechnology in School of Life Sciences, Yunnan University, living in dormitory 3 17, Building 6, Ding Xin Apartment, Yunnan University.
Agent ad litem: Zhai Jian, lawyer of Shanghai Zhai Jian Law Firm.
Agent ad litem: Lu Zeming, lawyer of Wen Wei Law Firm.
The victim, Yang Kaihong, male, Miao nationality,1born on April 5, 1982, is from Kaiyuan City, Yunnan Province, majoring in biotechnology in College of Life Sciences, Yunnan University, and lives in dormitory 3 16, Building 6 of Ding Xin Apartment, Yunnan University.
Agents ad litem: Geng and Chen Lei, lawyers of Yunnan Jianguang Law Firm.
The victim, Gong Bo, male, Han nationality, was born in June 1983. He was born in Mianxian County, Shaanxi Province, majoring in biotechnology in College of Life Sciences, Yunnan University, and lived in the dormitory of Building 5, Ding Xin Apartment, Yunnan University.
Agents ad litem: Tao Wuping and Wang Rong, lawyers of Shanghai Shen Da Law Firm.
Plaintiff in incidental civil action: Li Wenyang, male, Bai nationality, born on July 1954, a farmer in Lushui County, Nujiang Yi Autonomous Prefecture, Yunnan Province. It's the victim's father.
Plaintiff in incidental civil action: Tang Xianhe, female, Han nationality,/kloc-0, born on March 3, 958, a farmer in Lushui County, Nujiang Yi Autonomous Prefecture, Yunnan Province. It was the mother of the victim, Don.
Agents ad litem: Li Junhua and Sun Ke, lawyers of Yunnan Jianguang Law Firm.
Plaintiff of incidental civil action: Shao, male, Han nationality, born on April 1945, farmer, from Wuzhou, Guangxi. It's the father of the victim Shao Ruijie.
Plaintiff in incidental civil action: Huang Xiemei, female, Han nationality,/kloc-0, born on August 8, 954, farmer, from Wuzhou, Guangxi. It's the mother of the victim Shao Ruijie.
Agent ad litem: Lu Zeming, lawyer of Wen Wei Law Firm.
Plaintiff of incidental civil action: Yang Shaoquan, male, Miao nationality, born on June 5th, 1953 10, a farmer in Yangjie District, Kaiyuan City, Yunnan Province. It is the father of the victim Yang Kaihong.
Plaintiff in incidental civil action: Ma Cunying, female, Miao nationality, 1953, farmer in Yangjie District, Kaiyuan City, Yunnan Province. It is the mother of the victim, Yang Kaihong.
Agents ad litem: Geng and Chen Lei, lawyers of Yunnan Jianguang Law Firm.
Defendant: Ma Jiajue, male, Han nationality, born on May 4th, 198 1, a native of Binyang County, Guangxi Zhuang Autonomous Region, and a 2000-year student majoring in biotechnology in College of Life Sciences, Yunnan University. On March 7, 2004, 65438 was criminally detained by the Economic and Cultural Security Branch of Kunming Public Security Bureau on suspicion of intentional homicide, and was arrested with the approval of Kunming People's Procuratorate on March 9, 2004.
Defender appointed in the first instance: Zhao Yao, lawyer of Zhao Guang Law Firm.
Defender appointed in the first instance: Feng Mingjun, lawyer of Kunming Legal Aid Center.
Authorized Defenders: Jin Zhengzhong and Zhao Jianchun, lawyers of Yunnan Zhong Zhen Law Firm.
The People's Procuratorate of Kunming City, Yunnan Province accused:
At the beginning of February, 2004, the defendant clashed with his classmates Tang, Shao Ruijie and Yang Kaihong in the Yun University Student Apartment in this city, so he had the idea of killing Tang, Shao Ruijie, Yang Kaihong and Gong Bo. Later, the defendant Ma Jiajue actively prepared for the crime. At about 23 o'clock in the evening of February 13, 2004, the defendant took out a hammer prepared in advance from the closet while Tang was reading a newspaper in the dormitory of March17, hit Tang on the head from behind and killed him, and snatched the ICBC "smart card" and a small amount of cash he carried with him. Later, Tang's body was hidden in the wardrobe of dormitory 3 17-4, and the scene was cleaned with newspapers, towels and water. The newspaper was pasted in the closet with scotch tape paper prepared in advance, covering the body and locking the closet. 14 At about 23: 00 pm on February 23rd, the defendant Ma Jiajue hit Shao Ruijie on the head from behind while he was washing his feet in the dormitory of 3 17, causing his death. He put a black plastic bag on Shao's head, took a small amount of cash with him, hid Shao Ruijie's body in the closet of 3 17-3, and locked the closet after cleaning the scene. At noon on February/0/5, 2005, the defendant Ma Jiajue hit Yang Kaihong on the head from behind while reading a newspaper in the dormitory of 3/0/7, causing his death. He put a black plastic bag on Yang's head, took a Siemens mobile phone and a small amount of cash with him, hid Yang Kaihong's body in the closet of 3 17-9, and locked the closet after cleaning up the scene. On the evening of February 15, 2005, at about 19, the defendant Ma Jiajue came to Room 4 18, Building 5 of Ding Xin Apartment. On the pretext of playing cards, Gong Bo was tricked into 3 17 dormitory, while he was sitting reading a newspaper, and Gong Bo was hit on the head with a hammer, resulting in his death. He put a black plastic bag on his head, took a small amount of cash with him and hid Gong Bo's body. Defendant Ma Jiajue put two mobile phones with him into Panlong River on February 5, 2005, and swallowed the "smart card" when withdrawing money from the bank. After committing the crime, Ma Jiajue fled Kunming by train at 23: 00 on February 15. On the night of March 6th+May 6th, 2004, Ma Jiajue was arrested and brought to justice by the public security organs of Sanya City, Hainan Province, and was wanted by the Ministry of Public Security. The forensic identification of Kunming Public Security Bureau showed that all four victims were hit on the head with a hammer and died of craniocerebral injury.
Defendant Ma Jiajue confessed to the facts accused by the public prosecution agency in court, claiming that the criminal facts accused by the public prosecution agency were true, and that he had committed the crime of killing four students, including Tang, Shao Ruijie, Yang Kaihong and Gong Bo.
Defender of defendant Ma Jiajue put forward the following defense opinions: 1. There is no objection to the criminal fact that the public prosecution agency accused the defendant Ma Jiajue; I don't agree with the statement that the public prosecutor accused Ma Jiajue of killing four students for playing cards. This statement is illogical, and the motive of the case is still uncertain, and the motive accused by the public prosecution agency is not credible; Ma Jiajue's blood was found in the crime scene. Although it does not affect the conviction of Ma Jiajue, it should be found out whether Ma Jiajue is injured; 4. The defendant Ma Jiajue has a mental state problem; 5. After the defendant Ma Jiajue was arrested in Sanya, he truthfully confessed all the criminal facts and should be deemed to have surrendered himself; 6. Defendant Ma Jiajue has a good attitude of pleading guilty, sincerely repents, and has no criminal record before committing the crime. He asked the court to consider giving the young man a chance to turn over a new leaf, and asked the court to punish the defendant Ma Jiajue lightly.
The victim's agent ad litem has no objection to the criminal facts accused by the public prosecution agency.
The litigation agent of the victim Tang said that the facts of the crime accused by the public prosecution agency are clear and the evidence is true and sufficient. It is innocent that the victim Tang was killed; Defendant Ma Jiajue regarded other people's lives as dirt, and his criminal methods were cruel, so he should be punished.
The litigation agent of the victim Shao Ruijie expressed his opinion: I believe that the court will definitely make a fair judgment on Ma Jiajue; The defendant Ma Jiajue's behavior brought pain to five families, including his family, but what is more important than sanctioning Ma Jiajue is how to avoid similar tragedies. I hope that through the trial of this case, the whole society will pay more attention to the mental health of the younger generation.
The litigation agent of the victim, Yang Kaihong, said that the evidence presented by the public prosecution agency was sufficient to prove that Ma Jiajue killed Yang Kaihong, and the evidence was sufficient and accurate. Ma Jiajue should bear the corresponding criminal responsibility and implore the court to make a rational judgment.
The litigation agent of the victim Gong Bo expressed the opinion that the defendant Ma Jiajue had firm criminal intent, and the steps to commit the crime were clear, and his preparation, execution and escape were all logical. The defendant, Ma Jiajue, was insensitive and ignored the right to life of others, killing people for five consecutive days, which was extremely subjective and vicious; His method of killing is extremely cruel, hitting all the victims many times, causing great harm to the relatives of the victims. Ma Jiajue, the defendant, should be sentenced to death for not having a lighter or mitigated punishment.
Plaintiffs Li Wenyang and Tang Xianhe in incidental civil action filed a lawsuit: (1) requesting that the defendant be investigated for criminal responsibility in accordance with Article 232 of the Criminal Law; (2) requesting the court to order the defendant to publicly apologize to the plaintiff; (3) Request the court to order the defendant to compensate the plaintiff for the economic losses caused by intentional homicide, totaling RMB 160343.35 yuan. In which: lost time is 309.45 yuan, funeral expenses are 62 14.50 yuan, death compensation is 15287 1.40 yuan, transportation expenses are 768 yuan, and accommodation expenses are 180 yuan.
Plaintiffs Shao and Huang Xiemei in incidental civil action filed a lawsuit: (1) requesting the defendant to be investigated for legal responsibility for intentional homicide; (2) Request the court to order the defendant to pay Shao Ruijie death compensation152,880 yuan, funeral expenses 1600 yuan, transportation and accommodation expenses * * * 1063 yuan, lost time expenses 1200 yuan, and mental damages of more than 200,000 yuan to the plaintiff.
Plaintiffs Yang Shaoquan and Ma Cunying in incidental civil action filed a lawsuit: (1) requesting that the defendant be investigated for criminal responsibility in accordance with Article 232 of the Criminal Law; (2) requesting the court to order the defendant to publicly apologize to the plaintiff; (3) Request the court to order the defendant to compensate the plaintiff for the economic losses caused by intentional homicide, totaling RMB 3 102 17.30. In which: funeral expenses are 62 14.50 yuan, lost time expenses are 309.40 yuan, and death compensation is 15287 1. 4 yuan, the transportation fee is 552 yuan, the accommodation fee is 270 yuan, and the spiritual consolation money is 150000 yuan.
Li Wenyang and Tang Xianhe, plaintiffs in incidental civil litigation, claimed that the plaintiff's claim could not be realized. It is put forward because its symbolic meaning is greater than the actual meaning, so that the defendant can know that he should not only bear criminal responsibility, but also bear the corresponding civil liability, and ask the court to support his claim.
The litigation agents of the plaintiffs Shao and Huang Xiemei in the incidental civil action proposed that the defendant's criminal behavior caused serious economic losses to the plaintiff's family. Although the plaintiff knows that he may not get compensation, he still hopes that the court can uphold justice and give him a fair judgment.
The litigation agents of the plaintiffs Yang Shaoquan and Ma Cunying in the incidental civil action put forward that the plaintiff's claim for compensation for the defendant's economic losses was well-founded in the law. Although the defendant does not have the ability to compensate, the lawsuit request cannot be executed, but it is put forward to let the defendant know that he should not only bear criminal responsibility, but also bear corresponding civil responsibility.
Defendant Ma Jiajue said to the plaintiff's claim in incidental civil action that compensation should be made, but no personal property can be compensated.
The defendant's litigation agent suggested that the plaintiff advocated "spiritual consolation money and public apology" in the incidental civil action, which was contrary to the scope of accepting cases in the criminal incidental civil action and was not supported by the court. Some of the plaintiff's claims are not in compliance with the law, some are beyond the scope of acceptance, and some are in compliance with the regulations but there are problems in the calculation of the amount. I hope the court can verify them and make a fair judgment.
Facts ascertained during the trial:
The defendant made an enemy with his classmates Tang, Shao Ruijie, Yang Kaihong and others because of trivial matters. Ma Jiajue thinks that Shao Ruijie, Yang Kaihong and others say that they are poor and eccentric, and their reputation in school is vilified by them. The reasons were caused by Shao Ruijie, Yang Kaihong, Gong Bo and others, so he decided to kill them. He decided to kill them all because he was worried that Tang, his roommate, would hinder him from committing the crime.
After the criminal intention was determined, the defendant Ma Jiajue bought a hammer at the Zhangguanying flea market in this city; And made a fake ID card; In order to escape after committing the crime, I bought a train ticket at Kunming Railway Station. Defendant Ma Jiajue also specially decorated the dormitory for committing crimes.
From 23: 00 on February 13, 2004 to February 15 19, the defendant killed Tang, Shao Ruijie, Yang Kaihong and Gong Bo in the dormitory on March/0/7 for three consecutive days, and hid their bodies in 365438+ respectively. Wanted by the Ministry of Public Security, the defendant Ma Jiajue was arrested by public security personnel in Sanya, Hainan Province at about 9: 00 on March 5, 2004.
During the trial, according to the defendant Ma Jiajue's application to entrust a defender in court, the court read out the Judicial Psychiatric Appraisal of Ma Jiajue [2004] No.595, and confirmed that the Judicial Psychiatric Appraisal Committee of Yunnan Province conducted a judicial psychiatric appraisal on the defendant Ma Jiajue on April 17, 2004, and the appraisal conclusion was: 1. 2. The appraiser Ma Jiajue was in a normal mental state at the time of the crime and had full responsibility.
The victim's agent ad litem has no objection to the evidence presented by the public prosecution agency in court. Defender of defendant Ma Jiajue objected to the conclusion of forensic psychiatry appraisal and applied for re-appraisal.
The public prosecutor believes that the evidence in this case is standardized, comprehensive, objective and true, and the evidence system is complete, which fully proves the criminal facts of Ma Jiajue. The defendant Ma Jiajue's behavior constitutes the crime of intentional homicide, which has realistic motivation and subjective intention. Defendant Ma Jiajue's criminal methods are extremely cruel, and the consequences are particularly serious. Ma Jiajue ruined four classmates who lived with him day and night, and he also ruined himself. Ma Jiajue should bear corresponding criminal responsibility for its criminal acts.
The Intermediate People's Court of Kunming City, Yunnan Province held that Ma Jiajue, the defendant, had the evil thoughts of revenge and murder because he could not correctly handle the interpersonal relationship between his classmates. In order to commit a crime, the defendant bought a murder weapon; In order to escape the guilt, the defendant made a fake ID card and bought a train ticket to a different place after committing the crime. After careful planning and preparation, four students were killed successively. Defendant Ma Jiajue made a series of careful preparations for revenge and murder, actively committed crimes and brutally killed four people; Subjectively, it has the intention of illegally depriving others of their lives, and objectively, it has violated the national criminal law and constituted the crime of intentional homicide. The public prosecution agency accused the defendant Ma Jiajue of having clear criminal facts and sufficient evidence, and was found guilty according to law. The court paid full attention to and adopted the agency opinions put forward by the victim's litigation agent.
In response to the plaintiff's request for incidental civil action, the court held that Article 77 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that "if the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil action in the course of criminal proceedings"; The Supreme People's Court's "Provisions on the Scope of Criminal Incidental Civil Action" Article 1 "If a criminal infringes on personal rights or his property is damaged by criminals and suffers material losses, he may file an incidental civil action. The people's court shall not accept the incidental civil action brought by the victim for mental loss caused by criminal acts "; Article 2 of this interpretation stipulates that "the material losses suffered by the victim due to criminal acts refer to the actual losses and inevitable losses suffered by the victim due to criminal acts". Therefore, according to the law, the plaintiff's claim for compensation for mental loss and the claim for ordering the defendant to apologize do not belong to the scope of acceptance of incidental civil litigation. The plaintiff asked the defendant Ma Jiajue to pay compensation for funeral expenses, lost time, transportation expenses, accommodation fees and other incidental civil claims, which had factual and legal basis. The court supported it according to law and ordered the defendant Ma Jiajue to bear civil liability for compensation. Our court adopted the lawyer's opinion in this section put forward by the litigation agent of the defendant Ma Jiajue.
In view of the fact that the defendant Ma Jiajue's defender applied to the court for re-appraisal of the defendant's mental state, the court held that after the defender accepted the entrustment and application, the court had entrusted an appraisal institution to organize personnel with specialized knowledge to make an appraisal conclusion in strict accordance with the appraisal procedure. The defender did not deny the legality and authenticity of the appraisal, and the court could not support the hypothesis that the appraisal conclusion was doubtful without sufficient reasons and evidence. At the same time, the court held that the defendant Ma Jiajue had independent consciousness and personality characteristics, and he did not deny his confession motive in court, and the legal factors in doubt had been ruled out by forensic psychiatry appraisal, so the defendant Ma Jiajue's confession motive had its realistic basis and personality characteristics based on life and environment, which should be confirmed by the court. Regarding the defender's defense opinion that the defendant Ma Jiajue "surrendered", the court held that the defendant Ma Jiajue said in court that he subjectively did not want to surrender during the absconding process, and the defendant Ma Jiajue objectively did not voluntarily surrender. He was arrested in Sanya because the public security organs had a lot of relevant evidence and confirmed that he was a major criminal suspect. After the Ministry of Public Security issued an A-level wanted notice to the whole country, the people found his whereabouts and reported it to the public security organs, which arrested the defendant Ma Jiajue accordingly. Based on the above facts and reasons, the defendant Ma Jiajue's behavior did not constitute surrender, and the court rejected the defender's defense opinion.
In this case, the defendant Ma Jiajue had a dispute only because of trivial matters between classmates, that is, he had a criminal intention to kill classmates, and actively prepared, implemented and completed the whole criminal process, brutally killing four classmates who lived, studied and got along with him for more than three years. Defendant Ma Jiajue claimed to "destroy himself, destroy them", brutally killed many people in succession, illegally deprived others of their right to life, and killed people without blinking an eye during the whole crime. Abscond after the crime is completed. Its criminal behavior has serious social harm, the criminal circumstances are particularly bad, and the criminal consequences are particularly serious. Although the defendant Ma Jiajue confessed his crimes truthfully after his arrest, our country's laws fully protect all legal rights of citizens, and the right to life is the basis of all rights. China's criminal law puts the protection of citizens' right to life in an important position in criminal law. Article 232 of the Criminal Law stipulates that "whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years", which embodies the protection of citizens' right to life by law, and the law embodies us. Therefore, the court of first instance ruled: 1 based on the facts and evidence found in the trial. Defendant Ma Jiajue committed the crime of intentional homicide and was sentenced to death and deprived of political rights for life in accordance with Articles 232, 57, 1, 64 and 36 of the Criminal Law of People's Republic of China (PRC) and Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC). 2. Defendant Ma Jiajue compensated plaintiffs Li Wenyang and Tang Xian in incidental civil action with RMB 20,000; 3. The defendant compensated the plaintiffs Shao and Huang Xiemei in the incidental civil action with RMB 20,000; 4. Defendant Ma Jiajue compensated plaintiffs Yang Shaoquan and Ma Cunying in incidental civil action with RMB 20,000; Five, the weapon hammer should be confiscated.
After the Intermediate People's Court of Kunming City, Yunnan Province pronounced the sentence and served it, the case did not appeal or protest within the statutory time limit. Some incidental civil judgments take legal effect. The Intermediate People's Court of Kunming City, Yunnan Province reported the case to the Higher People's Court of Yunnan Province for approval. The Higher People's Court of Yunnan Province formed a collegial panel according to law to review the case.
During the review, the appointed defender suggested that the defendant Ma Jiajue had a good attitude of pleading guilty and showed remorse, and requested a lighter punishment.
The Higher People's Court of Yunnan Province holds that the facts of this case are clear and the evidence is true and sufficient, which can be recognized. Ma Jiajue, the defendant, ignored the laws of the country, made an enemy with his classmates for trivial matters because he could not handle interpersonal relationships correctly, and had the evil thoughts of revenge and murder. After careful planning and preparation, he brutally killed four classmates. The defendant, Ma Jiajue, had the intention of illegally depriving others of their lives subjectively, and objectively committed the act of illegally depriving others of their lives, which constituted the crime of intentional homicide. In the whole criminal process, the defendant Ma Jiajue was determined to kill and the means of committing crimes were cruel; Hiding the victim's body after murder and absconding for fear of sin are extremely harmful to society, and the circumstances are particularly bad, with serious consequences, which should be severely punished according to law. Defendant Ma Jiajue's appointed defender's defense opinion that Ma Jiajue has a good attitude of pleading guilty and shows repentance is true, but defendant Ma Jiajue's crime is extremely serious and will not be given a lighter punishment. The original judgment was accurate in conviction, appropriate in sentencing and legal in trial procedure. Accordingly, in accordance with the provisions of the Notice of the Supreme People's Court on Authorizing the Higher People's Court and the Military Court of the People's Liberation Army to Approve Some Death Penalty Cases and the provisions of Article 232, Paragraph 1 of Article 57 and Paragraph 1 of Article 48 of the Criminal Law of People's Republic of China (PRC), the ruling is as follows:
Approved the criminal judgment of Kunming Intermediate People's Court (2004)No. 107, sentenced the defendant Ma Jiajue to death for intentional homicide and deprived him of political rights for life.