"The appeal is dismissed and the original judgment is upheld. In accordance with the provisions of Article 235 of the Criminal Procedure Law of the People's Republic of China, this ruling is submitted to the Supreme People's Court for approval in accordance with the law. "
At 10:36 a.m. on January 8, with the crisp hammering of the gavel, the presiding judge of the Fifth Tribunal of the Shanghai Higher People's Court read out the second-instance verdict of Lin Senhao's poisoning case: This The court held that the appellant Lin Senhao deliberately killed one person by poisoning to vent his anger, resulting in the death of one person. His behavior constituted the crime of intentional homicide and should be punished according to law. Lin Senhao's criminal methods are cruel, the consequences are serious, and the social impact is great. After Lin Senhao arrived at the case, although he could truthfully confess his crime, the crime was extremely serious and it was not enough to mitigate his punishment. The original judgment found that the criminal facts of Lin Senhao's intentional homicide were clear, the evidence was reliable and sufficient, the law was applied correctly, the sentence was appropriate, and the trial procedures were legal.
Lin Senhao’s grounds for appeal are untenable, and this court will not accept the defender’s opinions. The Shanghai Municipal People's Procuratorate recommended that the appeal be dismissed and the original judgment upheld, which should be supported.
In accordance with the provisions of Article 225 of the Criminal Procedure Law of the People's Republic of China, the ruling is as follows: the appeal is dismissed and the original judgment is upheld. In accordance with the provisions of Article 235 of the Criminal Procedure Law of the People's Republic of China, this ruling is submitted to the Supreme People's Court for approval in accordance with the law."
The second-instance judgment responded to the three major disputes in the trial. Focus--
Focus 1: Identification of the poison involved
Prosecution: dimethylnitrosamine
Defense: dimethylnitrosamine Insufficient evidence for identification: Insufficient evidence for the identification of dimethylnitrosamine
During the second trial, the defender believed that the poison involved in the case was identified as dimethylnitrosamine, and the evidence was insufficient, so he applied for the transfer of relevant cases. Mass spectrometry analysis.
The court of second instance found that the dimethylnitrosamine involved in the case was produced by employees of the Tianjin Chemical Reagent Research Institute in accordance with the scientific research manual, and the content was greater than 99.9%, as evidenced by multiple witnesses. After purchasing the above-mentioned dimethylnitrosamine in 2011, he and Lin Senhao used it in experiments. In March 2013, Lin Senhao took out the above-mentioned dimethylnitrosamine from the laboratory and put it into the drinking fountain of the dormitory. The testimony confirmed that because Huang Yang was suspected of being poisoned, relevant personnel sent Huang Yang's drinking water, used cups, blood, urine and other physical evidence for examination on April 4 and April 7, 2013. p>
The inspection report issued by the Identification Center of the Shanghai Forensic Identification Institute showed that dimethylnitrosamine was detected in the drinking water submitted for inspection. The situation statement of the Cultural Protection Branch of the Shanghai Public Security Bureau and the Physical Evidence Identification Center of the Shanghai Public Security Bureau. The physical evidence identification report can confirm that dimethylnitrosamines were found in drinking water barrels and packaging bags submitted for inspection. Lin Senhao also confessed that he poured all the dimethylnitrosamines detected into the water dispenser. . In summary, the available evidence is sufficient to confirm the fact that Lin Senhao poured the remaining dimethylnitrosamine into the water dispenser after experimenting with others. Therefore, the defender’s opinion is that there is insufficient evidence to identify the poison as dimethylnitrosamine. It cannot be established.
The defender’s request for obtaining relevant test reports and toxic spectra is not supported.
Focus 2: What was the cause of Huang Yang’s death?
: Huang Yang is consistent with acute hepatic necrosis caused by dimethylnitrosamine poisoning and subsequent death from multiple organ failure.
Defender: Huang Yang suffered from an outbreak of viral hepatitis B, leading to acute liver failure. He suffered necrosis and eventually died of multiple organ failure.
During the second trial, Lin Senhao's defender applied for "evidence expert" Hu Zhiqiang to appear in court. "Book" stated that Huang Yang suffered from acute liver necrosis due to explosive hepatitis B virus and eventually died of multiple organ failure.
Hu Zhiqiang said during the trial, Huang Yang's case had four hepatitis B virus serum tests. The first test on April 3 showed negative results for e-antibodies and core antibodies. The three tests on April 6, 8, and 12 later showed that all three antibodies were positive. "The only explanation is that Huang Yang was infected with viral hepatitis B. If it was N-dimethylnitrosamine poisoning, Huang Yang would not be positive for hepatitis B virus antibodies."
Hu Zhiqiang also pointed out that the current outbreak of hepatitis B was due to the immune complex reaction induced by a large number of invasive hepatitis B viruses, human fatigue, alcohol consumption and other unfavorable factors.
As verified by the court, the general business scope of Beijing Yunzhi Kejian Consulting Service Center is economic and trade consulting, investment consulting, corporate management consulting, public relations services, education consulting, market research, technology Consulting (except those that are not administratively licensed business projects), the registered capital is RMB 50,000. Hu Zhiqiang and Zhuang Hongsheng are appraisers from the same Beijing Huaxia Physical Evidence Identification Center.
When the court asked Hu Zhiqiang "why the Beijing Huaxia Physical Evidence Identification Center did not issue relevant identification opinions," Hu Zhiqiang replied, "I have no way to obtain first-hand information without someone entrusting it." When the litigation attorney asked Hu Zhiqiang "what does it have to do with the Beijing Yunzhi Technology Consulting Service Center?" Hu Zhiqiang replied, "We (including Zhuang Zhiqiang) are the forensic experts they hired."
In response to the opinions raised by the defender, Chen Yijiu, one of the appraisers applied by the procuratorate at the second instance, appeared in court to testify. Chen made a statement to the court on the appraisal basis of the "Forensic Pathology Forensic Appraisal Opinion" of the Shanghai Forensic Identification Center. .
Chen Yijiu said that during the identification process, five experts clearly ruled out that Huang Yang’s liver damage was caused by hepatitis A, hepatitis B, hepatitis C, and hepatitis E, while HIV, EV virus, and cytomegalovirus Liver damage caused by Treponema pallidum and Treponema pallidum infection can be ruled out at the same time. Huang Yang is the basic disease causing liver necrosis due to shock, heart failure and other reasons. Huang Yang has not been found to have liver damage caused by autoimmunity, nor has hepatic damage caused by autoimmune reasons. . "All cases of liver damage other than poisoning are specifically excluded from the document." he said.
The court of second instance found after trial:
1. Huang Yang became ill and died after drinking water from the water dispenser in Room 421. Huang Yang was in good health during his physical examination in February 2013; multiple witnesses testified that Huang Yang did not drink alcohol the night before the incident. He drank water from the water dispenser on April 1, 2013 and died after resuscitation failed. Lin Senhao also confessed that Huang Yang was poisoned to death by his water after drinking it. Second, dimethylnitrosamine was detected in Huang Yang’s body. 3. The "Forensic Pathology Judicial Appraisal" confirmed that Huang Yang died of dimethylnitrosamine poisoning. The two appraisal conclusions have been authenticated by relevant appraisal institutions, and the appraiser has appraisal qualifications, the appraisal procedures are standardized and legal, the appraisal basis materials are objective, the inspection precautions, inspection process, analysis and appraisal conclusions are not inconsistent and can be mutually confirmed, the court will accept them.
The "Forensic Expertise Evidence Review Opinion" issued by the Beijing Yunzhi Technology Consulting Service Center and the appraisal opinion issued by Hu Zhiqiang in court are inconsistent with the facts ascertained and will not be accepted.
Focus 3: What crime is Lin Senhao suspected of?
The prosecutor charged: Lin Senhao committed intentional homicide.
Defense: Lin Senhao committed the crime of intentional homicide: Lin Senhao subjectively did not have the intention to kill, and constituted the crime of intentional injury or manslaughter.
In the second trial, one of Lin Senhao's defenders argued that Lin Senhao intentionally injured someone and caused death, and his behavior should constitute the crime of intentional injury, and requested the court to impose a sentence within the range of a fixed-term imprisonment of not less than ten years but not more than fifteen years. Another defender believed that Lin Senhao carried out the poisoning act based on a joke and credulously believed that the consequences of Huang Yang's death would not happen. This was an overconfidence fault and should constitute the crime of negligent death.
The court of second instance held that:
The testimonies of multiple witnesses, Lin Senhao’s master’s thesis, Lin Senhao’s thesis “Quantitative Evaluation of Rat Liver Fibrosis with Real-time Tissue Elastography” and Lin Senhao’s confession confirmed In 2011, Lin Senhao used dimethylnitrosamine to conduct liver fibrosis experiments in rats. Dimethylnitrosamine is a hepatotoxic substance that can cause acute liver failure and death in rats. Dimethylnitrosamine is a hepatotoxic substance that can cause acute liver failure and death in rats. Lin Senhao gave a stable confession after the incident and before the second trial. The amount of dimethylnitrosamine flowing into his water spring exceeded the fatal amount.
Lin Senhao’s defense that he diluted the water in the drinking fountain after poisoning was only his own confession and was not corroborated by relevant evidence, so it will not be accepted.
Lin Senhao has medical expertise and knowingly knew that dimethylnitrosamine is a highly toxic substance that can cause liver damage and death in humans and animals, but still deliberately poured more than a lethal amount of the poison into the drinking fountain. As a result of Huang Yang's death due to alcohol poisoning, he should be held criminally responsible for intentional homicide according to law.
The opinions on the crime of intentional injury and the crime of negligence causing death lack factual and legal basis and cannot be established.
Lin Senhao’s defense lawyer later issued a statement saying that the sentence in this case was too harsh, did not rule out the influence of extra-legal factors, and was inconsistent with the criminal policy of killing less and killing with caution. The second-instance judgment basically did not answer any of the major questions raised by the defender, such as why it did not provide a toxic spectrum. If it was dimethylnitrosamine, then the amount Huang Yang drank was far less than the lethal amount. Why did Huang Yang die? Will illegally manufactured and illegally sold reagents deteriorate after two years if they are stored in complete violation of the prescribed storage conditions? The second-instance verdict is not the final verdict. Lin Senhao's case will be reviewed by the Supreme Court in accordance with the law. The defender hopes that the Supreme Court can find out the facts, respond to the reasonable doubts raised by the defender, and remand the case for retrial or change the sentence in accordance with the law.
Lin Senhao finally wants to say:
I want to kowtow and apologize... Hope that the body will be donated
Sohu News reporter Li Yan and Zhang Jingyan
After the second trial was pronounced, Lin Senhao, dressed in black with a bloodless face and disheveled clothes, was escorted down; Lin’s father stood up with a hunched back. Come, he fell on the sidewalk seat with a "thud"
Lin Senhao's second uncle ran out of the court sadly; Huang Yang's mother collapsed on the ground crying, and Huang Yang's father supported his wife Eyes filled with tears.
Huang Yang’s father, Huang Guoqiang, said that he was very satisfied with the result and thanked the law for its fair judgment.
After Lin Zunyao, Lin’s father, sat in silence for 10 minutes, he finally couldn’t control his emotions and turned around and started crying. He said: "I am not willing to give in. I will ask a lawyer to review and continue to appeal. My son is guilty, but the crime will not lead to death."
After the verdict was announced in the morning, Lin Senhao's attorney went to the No. 3 Detention Center to meet with Lin Senhao. Lawyer Tang Zhijian said that Lin Senhao was not surprised by the verdict because he had already prepared for the worst.
Tang Zhijian quoted Lin Senhao’s words as saying that what he wants to do most today (January 8) is to meet his parents and Huang Yang’s parents, kowtow to his parents and wish them a happy new year. I hope they can live a good life in the future, but when they entered the court, they could not be found in the crowd. He also wanted to meet Huang Yang's parents and apologize to them in person.
After the verdict, Lin expressed that he wanted to meet Huang Yang’s parents and apologize in person, but Huang Yang’s father said he would not accept the apology.
Today, Lin Senhao issued a statement through his lawyer about donating his body. The full text of the statement is as follows:
1. I have received the second-instance judgment of the Shanghai High Court. Although I am not satisfied with the judgment, I will hire a lawyer in accordance with the law to present the doubts raised by the second-instance trial at the Supreme Court’s death penalty review stage. I really It was not intentional killing, no matter what, I still believe in justice.
2. No matter what the outcome is, I still want to apologize to Huang Yang’s parents. I regret for what I did. I hope Huang Yang’s parents can slowly come out of their grief. I also hope My parents can get over their grief. I am really unfilial and have failed my parents and teachers. I will not let go in this life and repay my kindness in the next life.
3. I hope that my tragedy can make the world learn a lesson. I hope that when I get along with others, I can have more understanding and friendship. I hope that I can use love and caution to rein in my horses and forge swords against many ideological wrong behaviors. for the plow.
4. I am very grateful to those who support and help me. Thank you. I feel the warmth from you. I would also like to thank those who criticized me. If I had heard so many criticisms earlier, maybe I wouldn't have done this stupid thing. I would like to thank my tutors for their many years of education, my parents for their love for me, and my classmates.
In the limited days, I will still shed tears of regret, study hard, and temper myself, hoping to face the last moment calmly. I hope to donate my body to the hospital. Human life is short. In the past, I was focused on my studies and lacked spiritual nourishment, which led me to make big mistakes. In recent years, I have been unable to extricate myself from the whirlpool of justice. I hope I can do this last thing correctly. After all, I am still young and can still devote my young life to atone for my sins. I hope that society can finally forgive me for the loss of my life.