On February 6th 10: 40, a reporter from China Youth Daily came to Huichuan District People's Court in Zunyi City, Guizhou Province, and a dozen staff members wearing red armbands were on duty at the court gate. Twenty minutes later, the Higher People's Court of Guizhou Province issued a second-instance verdict on He Shengkai's intentional homicide case here. 10: 45 or so, He Shengkai's two sisters walked into the court gate with the "Side Hearing" stamped by the Higher People's Court of Guizhou Province. At the security checkpoint at the gate of the court, several policemen registered people who entered the court to check their ID numbers. There is a camera in the courtroom.
Liu Xiaoyuan, the lawyer representing He Shengkai in the second instance, noticed that there were about 60 seats in the court, about 30 people were present, and the rest were empty. After being taken to court, Liu Xiaoyuan found He Shengkai glanced at the gallery, then stood in the dock, holding the railing in front of him with both hands. "He has been looking around and doesn't know what he is looking at. It's not like he has to face a life-and-death trial. " Liu Xiaoyuan said that when the presiding judge read the criminal ruling of the Higher People's Court of Guizhou Province (hereinafter referred to as the ruling), He Shengkai suddenly shouted: "This is a political case." The bailiff stopped it immediately.
After reading the verdict, the bailiff took He Shengkai away from the court. "At this time, He Shengkai began to be manic again, shouting and saying five or six sentences in dialect." Liu Xiaoyuan said.
The whole sentencing process lasted about 20 minutes. Holding the verdict, Liu Xiaoyuan walked out of the court gate and kept pressing his mobile phone. 1 1: 23, the content of "He Shengkai case dismissed and the original judgment upheld" appeared in his Weibo.
After the verdict, He Shengkai's sister burst into tears at the scene until her mood calmed down slightly. "I don't know if I can see him again. He is a criminal, but to me, he is a younger brother. " The second sister He Shengxian said. On July 2, 2065438, the Intermediate People's Court of Tongren District publicly sentenced He Shengkai to death and deprived him of political rights for life. He Shengkai appealed the result.
Liu Xiaoyuan said that there are various indications that He Shengkai may have mental problems, and the appeal is to try to give He Shengkai a chance to make a "forensic appraisal of mental illness" to determine whether he has full criminal responsibility. He Shengxian told reporters that his younger brother He Shengkai was sentenced to two and a half years' imprisonment by the Honghuagang District People's Court of Zunyi City in 2008 because of a neighborhood dispute. After his brother got out of prison, he began to petition for his case. "The reason is that I think the sentence of two and a half years is too heavy, and I suspect that someone has forged the judgment."
In order to help his younger brother return to a normal life track as soon as possible, He Shengxian often persuaded He Shengkai to give up the idea of petitioning, and also helped him get a driver's license and opened a stationery store in the town. Running a small business in his spare time, He Shengkai still insists on petitioning. He Shengxian said that every time my brother came back from petitioning, he would complain, and he gradually suspected that "someone tried to poison me", "I was involved in a power struggle" and "the judge and the police separated me from my girlfriend". He Shengxian said that He Shengkai was afraid to eat at home or in a restaurant. He didn't drink water at home, but only ate what was packaged in the store. He insisted that someone was going to frame him and someone was going to poison him.
The prosecution believes that when He Shengkai was interrogated by the public security organs, his confession was natural and smooth, his mental state was normal during the trial, his answers were accurate and pertinent, and he had no family history. The court should not support He Shengkai's opinion of judicial psychiatric appraisal.
When the reporter consulted the legal provisions, he found that entrusting judicial psychiatric appraisal can only be applied by judicial organs, and other organizations or individuals can only apply to judicial organs, and the decision-making power of appraisal lies with judicial organs. He Shengkai's defense lawyer in the first instance applied for initiating forensic psychiatric expertise in the investigation, review and prosecution stages of this case, but all of them were rejected. At the time of appeal, He Shengkai put forward the defense opinion that "the court of first instance found that the evidence of criminal responsibility ability was insufficient and objected to not conducting judicial psychiatric appraisal", and the defender put forward the defense opinion of "applying for judicial psychiatric appraisal of He Shengkai".
2010165438+1On October 25th, the Higher People's Court of Guizhou Province held a public hearing in the second instance of He Shengkai's intentional homicide case. Liu Xiaoyuan said that the judge did not reject the application for forensic psychiatric expertise in court, saying that it still needed "comprehensive consideration" and was finally decided by the collegial panel. On the afternoon of February 15, the day before the verdict of the second trial, Liu Xiaoyuan met He Shengkai in the detention center. At that time, what Liu Xiaoyuan wanted to know most was whether the judicial organs had conducted a "psychiatric judicial appraisal" on He Shengkai. To Liu Xiaoyuan's disappointment, He Shengkai said that no one from the judicial department came to talk to him about any appraisal, and no medical experts came to talk to him.
During the dinner, Liu Xiaoyuan hoped that He Shengkai could explain something to his mother, sister and family. He Shengkai said that he had nothing to explain and asked him to write something, but he also refused. When the meeting lasted about 1 hour, He Shengkai proposed "stop here". "There may be no identification, but maybe He Shengkai didn't say it?" Until the trial, Liu Xiaoyuan still held a glimmer of hope. In the process of sentencing, Liu Xiaoyuan decided that He Shengkai's application and his defense opinions were not supported.
The China Youth Daily reporter saw that the ruling said "Before committing the crime, go to the residential area and office building of Zunyi Intermediate People's Court to step on the spot and inquire about the residence of the court president"; "In order to facilitate the crime, he wears elastic sportswear, jeans and casual shoes"; 13 "In order to hide his face and prevent being recognized, he wore a hat" and other behaviors, indicating that He Shengkai had a clear motive and purpose of killing before committing the crime, and the target of revenge was specific. He was well prepared before committing the crime, with strong logical thinking, strong self-control ability, self-protection consciousness and anti-detection consciousness, and his behavior was very clear and planned. The ruling also pointed out that He Shengkai was in a normal state in the trial of first instance, and answered the questions accurately and to the point without any abnormality. Witness Yang Mei and other seven people did not find any abnormal performance of He Shengkai at ordinary times, and the family had no history of mental illness.
Therefore, the court held that He Shengkai's request for "psychiatric judicial expertise" was not supported by evidence and could not be established and was not adopted. Liu Xiaoyuan believes that He Shengkai's "psychiatric judicial expertise" is the embodiment of the justice of judicial procedure. Whether he is mentally ill or not should be identified by the medical department, not by superficial phenomena.
Liu Xiwei, a psychiatrist and a member of the research group of the National Assessment Project on Criminal Responsibility of Mentally Retarded Persons in the United States, has read the case materials of He Shengxian and He Shengkai. "I have written four articles on Sheng Kai's case and sent them to relevant departments. I personally think that he suffers from schizophrenia. " Liu Xiwei said that the symptom of his schizophrenia is "delusion".
Liu Xiwei further explained that from the analysis of the materials obtained, He Shengkai has three kinds of "delusions": the first one is "delusions of being killed", because he went home to find a camera and felt that someone was watching him and wanted to separate him from his girlfriend; The second is "exaggerated delusion" and the third is "physical delusion", because he said that there is a "time machine" that can telepathize. "Some people think that there is something wrong with He Shengkai's spirit, while others think that there is nothing wrong with He Shengkai's spirit. Instead of arguing endlessly, why can't we do' psychiatric judicial expertise'? That's the most convincing. " Liu Xiwei said.