Keywords: intentional homicide, blood feud
Judging from the on-site explanation of Zhang Koukou's case, there are not a few people who applaud Zhang Koukou.
On October 8th, 65438/KLOC-0, Hanzhong Intermediate People's Court sentenced Zhang Koukou to death. Tell us again: the judgment 22 years ago was not wrong, and justice should not pay for murder.
Let's follow the mark of time back to February 20 15 18. It's New Year's Eve, and the whole country is full of joy and fragrance. In Nanzheng, a famous city contested by Wei and Shu, a tragic murder case added color to the local people's New Year's Eve dinner. Wang Jiaojun and Wang's father and son never imagined that the New Year's Eve dinner was turned into a "decapitated meal" by the "devil". The murderer is ruthless, the knife is fatal, he hit the point, stabbed wildly, ruthless and unscrupulous. Three men in the family flew to dust one day, and at that time the whole country was shocked, the people were horrified and public opinion was in an uproar.
It is reported that on February 18 and 15, Zhang Koukou observed that Wang Jiaojun, Wang and their relatives had all gone home, ready to pay homage to their ancestors. Zhang Koukou put on his hat and mask, followed by a prepared single-edged knife, waiting for an opportunity to commit a crime. On the way back from Wang Jiaojun and Wang's grave, Zhang Koukou stabbed Wang and Wang Jiaojun several times. Subsequently, Zhang Koukou rushed to Wang Zixin's home with a knife and stabbed Wang Zixin several times, causing two people to die on the spot. 1 person died after being seriously injured. Then Zhang Koukou returned home, took a kitchen knife prepared in advance and a bottle full of gasoline, cut the glass of Wang Jiaojun's car, spilled gasoline on the back seat and rear of the car and burned it, and then Zhang Koukou fled the scene. On February 6, 20 18, at about 2 1 hour, the suspect Zhang Koukou tried to sneak home to withdraw money. After being discovered by patrolling police and armed police, they fled over the wall overnight. Immediately, the police organized a carpet search again. At 7: 45 on February 18, the suspect Zhang Koukou surrendered to Xinji police station.
This is an undisputed case of intentional homicide, and the guilt of the murderer is indisputable. However, a stone stirred up a thousand waves, but an old case 22 years ago was brought out of the water by a "willing heart". 1996 The case of Wang Xiuping, Zhang Koukou's mother, being intentionally injured to death is inextricably linked with the case of Zhang Koukou's murder. Some unscrupulous media use the public's "simple view of justice" to confuse the audience and exaggerate. They packaged Zhang Koukou as a "dutiful son" to avenge his mother, whitewashed him as a "chivalrous man" who endangered the people, and portrayed him as an "avenger" who paid blood for blood. They tried to win over the public on the grounds of inaccurate characterization, extremely light sentencing, improper procedures and too little compensation. 22 years ago. Some "Internet Spitter" think that the court should acquit Zhang Koukou regardless of the facts, and some "Keyboard Man" think that Zhang Koukou's disregard of the law is "the result of a hero". They think they stand on the commanding heights of morality, mercilessly criticize the judicial trial, endlessly sneer at the families of the victims, make ignorant remarks under the cloak of justice, but spread false statements under the banner of morality. The author can only say: no.
Facts speak louder than words, and rumors stop with wise men. No matter how clever the disguise is, it cannot stand the scrutiny of the law. No matter how touching a lie is, it can't stand the screening of facts. Justice will not be distorted by history, and justice will not stop because of boasting. We might as well open our eyes, dissect the sparrow that was intentionally hurt 22 years ago, and peel off the cocoon to see what is right and what is wrong!
First, is it accurate for Wang to characterize his mother's behavior as intentional injury?
According to local villagers, Wang Xiuping was impatient. The outspoken villagers waved their hands directly. "That's a mouth full of malice." Many villagers described Zhang Koukou's mother as "abusive and like a bitch." Wang Xiaoming, then the village party secretary, remembers that when Zhang Mu died in 1996, there was a voice in the village, "Oh, except one who was injured, there was no rest nearby."
According to the verdict, Zhang Furu's wife has a bad relationship with Wang's mother Yang. 1August 27, 996, around 19 o'clock, I passed by Wang's house and spat on Wang Erge's face. After the quarrel, Wang got the news and quarreled with him. After hitting Wang's left forehead and face with a flat iron, Wang immediately picked up a wooden stick and hit his head. At about 22 o'clock that night, Wang fell to the ground and died.
Why Wang was convicted of intentional injury instead of intentional homicide is a major focus of this case. Some netizens and the public disagree with this and think that this case should be characterized as intentional homicide. According to Article 232 of the Criminal Law of People's Republic of China (PRC), the crime of intentional homicide refers to the act of intentionally and illegally depriving others of their lives. The basis of criminal judgment is that the actor knows that his actions will lead to the death of others, and deliberately hopes or lets this happen. The court held that on the day of the incident, the defendant Wang was hurting his head and face with a flat iron, bleeding profusely, and then picked up a wooden stick from the scene and hit his head, causing Wang to fall to the ground and not continuing to carry out the injury. So the first harm, the queen's harm, did not continue to harm. There was no intention of depriving Wang Xiuping of his life. Therefore, Wang's behavior cannot be characterized as intentional homicide.
Two. Is the sentencing appropriate in this case?
At the time of the case, the rural household registration authority was the township people's government rather than the public security organ. After the public security organ arrived at the case, it extracted the household registration certificate issued by Wang Ping Township People's Government, which proved that Wang was on April 23rd 1979 and had reached the age of 17 years and four months when he arrived at the case. Zhang Koukou's father, Zhang Furu, the plaintiff in the incidental civil action of this case, and relevant witnesses did not raise any objection to Wang's age and household registration certificate. Therefore, the evidence that Wang was under 18 years old when he committed the crime is indeed sufficient.
Then, regarding the appropriateness of sentencing in this case, it should be noted that when this case occurred, Article 97 of the Criminal Law had not been promulgated, and the court cited Article 79 of the Criminal Law. According to Article 79 of Article 134 of the Criminal Law, anyone who intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment. The author believes that this case is a civil dispute, Zhang Koukou's mother is at fault, and Wang is underage. It is appropriate for the court to sentence Wang to seven years' imprisonment. If in doubt, compare this case with Zhang Koukou's murder case. Wang didn't plan for a long time like Zhang Koukou (Zhang Koukou prepared his hat and mask in advance), but only fought back temporarily; Wang Zhengjun didn't stab the victim one after another like Zhang Koukou (according to the feedback from the medical staff later: Wang Jiaojun suffered a serious stomach injury and his intestines came out. ) Wang's neck is almost broken. Wang Zixin's wounds are mainly in the abdomen, chest and neck, and almost every place is a vital part. Although Wang hit him on the head with a stick, he didn't kill him with a stick.
The online statement that Wang Ying was sentenced to more than 10 years in prison undoubtedly refers to 1997 criminal law. According to Article 234 of the Criminal Law 1997: Whoever intentionally hurts another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious injury by cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. The situation stipulated in Article 79 of the Criminal Law cannot be evaluated by Article 97 of the Criminal Law.
3. Is there a "top package" in this case?
Some people think that it is because Wang is underage that Wang is allowed to cover the bag. The death of Zhang Koukou's mother was caused by the joint injury of the Wangs and their son Wang Jiaojun (Wang's parents' son Wang Jiaojun was not at home at that time). In my opinion, this is total nonsense. Imagine why Wang's students didn't do it themselves, but sacrificed their son's bright future for Wang to do it. If Wang Fujun Jr. is not allowed to take the job, why can't he get a lighter sentence?
It was also said that Wang Jiaojun was the township head at that time and used his power to interfere in the case. At that time, Wang Jiaojun was only 25 years old, and he was still a small instrument for writing materials. Imagine how a small document can interfere with a judicial case.
According to the court's examination results, Zhang Koukou's father, Zhang Furu, and his sister both proved that Wang was responsible for the beating, but his third son did not participate. At the same time, five other witnesses present also proved to be responsible for Wang's injury. As for Zhang Furu and Zhang Libo's denial now, no matter how powerful their arguments are, they can't overthrow the black and white seal of that year.
Therefore, the author believes that there is no so-called "top package" in this case.
Four. Is it appropriate to award compensation of 9639.3 yuan for economic losses in this case?
Someone said, "A human life is so cheap that it is not even worth 10,000 yuan." This is obviously carving a boat for a sword, and the blind touch the elephant. 1996, the house in Beijing was only 4,000 square meters, and the average monthly salary of employees in enterprises was mostly between 100-200 yuan. Ten thousand households are rare in rural Hanzhong. According to Article 31 of the Criminal Law of People's Republic of China (PRC) (1979), "If a victim suffers economic losses due to a criminal act, he shall be punished according to law, and compensation for economic losses shall be given according to the circumstances", and when the people's court determines the specific amount of compensation for economic losses, the funeral expenses generally refer to the standards for employees' funeral expenses published by the local people's government that year. The Notice of Shaanxi Provincial Department of Personnel and Shaanxi Provincial Department of Finance on Adjusting the Standard of Funeral Expenses for Staff Members of Provincial Organs and Institutions after Their Death (Shaanxi Renfa [1995] 107) stipulates that the standard of funeral expenses for staff members who died in Shaanxi Province 1996 is 1500 yuan. Wang's guardian actually paid the funeral expenses of the victim's family 8 139.3 yuan, and compensated 1500 yuan (* * * is 9,639.3 yuan).
Therefore, the author believes that the amount of compensation conforms to the relevant regulations and the actual situation at that time.
Don't mention that Zhang Koukou is a "chivalrous man" who helps justice. Don't say that Zhang Koukou is the "last person" who returns blood for blood. Lynching is not allowed in a society ruled by law, and the law of the jungle is prohibited in modern society. Today, with the improvement of the rule of law, homotopy revenge has long been abandoned by criminal law. At the moment when people's concept of the rule of law is constantly improving, we should consciously abandon the Jianghu rule of "answer blows with blows". Don't make the dead uneasy, let the living uneasy, don't lose your mind with the help of Keyboard Man, don't blindly follow the trend under the wanton noise of "network spraying", and don't let Zhang Koukou, a murderer, kill again and again. Zhang kou is dead!