News of vertical photograph of Oriental net ·
On April 11 morning, shaanxi tall courtyard will be in Chinese in criminal of court of city intermediate people rules the court makes public open a court session to try appellant Zhang Koukou destroys property intended homicide, intentionally one case. Zong Xiangxin of Oriental net · hears spot living broadcast, take you to attack front courtyard careful continuously. The report before forensic law court at this point before the problem that just is deeply concerned each had a response.
9 when make 15 minutes, the presiding judge points out, in view of Zhang Koukou case society is affected great, evidential material is more, to guarantee the litigant right of appellant, paraclete adequately, case of just and efficient cognizance, this front courtyard held the meeting before front courtyard on March 22, 2019. ? ? ? ?
Paraclete puts forward, chinese in court of city intermediate people is right this case first instance is put in serious unsuited qualitative really the origin of an incident administer, do not answer this case exercise administer. Shaanxi saves senior people court to be opposite piece of blessing if (Zhang Koukou's father) the national compensation case that offer and appeal case had undertaken handling, below whether legal without two cases state of affairs, this case is unsuited by Shaanxi province senior people court undertakes cognizance.
To this, procuratorial work mechanism thinks, the national compensation that Zhang Furu raises and appeal case are another cases, be not the cognizance content of Zhang Koukou case. Although afore-mentioned cases save senior people court to try by Shaanxi, but not be a collegiate bench. And prove without evidence collegiate bench has illegal behavior to affect this case justice to try. Suggest to reject.
Collegiate bench appraise sth through discussion thinks, the composition that afore-mentioned two cases trial organize, proceeding that apply and the appellant Zhang Koukou that relief way tries with this case destroy property case intended homicide, intentionally to all differ. Agree with opinion of procuratorial work mechanism, give reject.
Paraclete puts forward, be in according to Zhang Koukou March 4, 2018 interrogatory note, the Zhang Koukou that public security mechanism organizes commits the crime to abandoning of cutting tool position identify note, of cutting tool salvaging a record is public security mechanism adopts the means that entice to obtain, application gives to afore-mentioned evidence eliminate.
Procuratorial work mechanism thinks, witness Guo Mou ties public security staff, its are to be below arrangement of leader of public security mechanism, the affection that use country, friendship is penitentiary, zhang Koukou commits the crime for narrating its to abandon of one's own accord the place of cutting tool, nonexistent entice obtain evidence. And note the process is legal, fasten Zhang Koukou to be explained of one's own accord, do not disobey its apiration. Afore-mentioned evidence do not belong to reason illegal evidence.
Collegiate bench adopts opinion of procuratorial work mechanism. But hold to afore-mentioned evidence in view of paraclete disagree, 2 careful can have qualitative card to this evidence when front courtyard careful.
Collegiate bench rejects degree of obstacle of the spirit when committing the crime to Zhang Koukou to have identificationAppellant and paraclete think, zhang Koukou disposition is belonged to cranky model obstacle, when committing the crime, identify ability exists, but control ability is weakened, attribute capacity of limitative criminal responsibility, and the order of mental appraisal application that first instance rejects pair of Zhang Koukou is illegimate, hypostatic reason cannot hold water. Degree of obstacle of the spirit when applying for 2 careful to commit the crime to Zhang Koukou has identification.
Procuratorial work mechanism thinks, the Zhang Koukou before committing the crime prepares to commit the crime tool, elaborate camouflage, the choice commits the crime opportunity and commit the crime object. In homicide process, zhang Koukou determines the status of 3 the injured party well and truly, hold a knife to part place of crucial point of disclose splinter the injured party, kill 3 people repeatedly, time chooses good year 30, on the route that the place chooses visit a grave to cherish the memory of the dead of the injured party to come back, with other of false gun menace, the spark when fork truck is splashed shoot other car to go up to still let the behavior such as other put out a fire make clear, appellant controls ability to did not suffer any other factors to affect.
And after Zhang Koukou commits the crime escape quickly the spot, buy food conceal, a criminal give himself up to the police of public security mechanism arrives after. Before its commit the crime, clarity of the thinking after committing the crime is reached in committing the crime, mental state is normal, to oneself behavior has identify and control capacity.
In addition, patrilineal, maternal relative all does not have Zhang Koukou familial spirit medical history, fainthearted also disease goes to him Zhang Koukou already history. On put together, degree of obstacle of the spirit when paraclete applies for to commit the crime to Zhang Koukou undertakes appraisal does not have factual basis, proposal court gives reject.
Collegiate bench appraise sth through discussion, the decision adopts the opinion of procuratorial work mechanism, do not grant to allow to the request of appellant and paraclete.
Appellant Zhang Koukou and its paraclete return disclose 2 times to prick demur of guilty fact hold to Zhang Koukou. Collegiate bench regards one of problems of focus of careful of 2 careful front courtyard as to undertake the court is investigated this fact.
Additional, paraclete puts forward tone to take 110 call the police 4 paragraphs of recording of material and refer Beijing to the court Zheng Huijian center 3 experts photocopy of book of opinion of expert of degree of obstacle of the spirit when issued Zhang Koukou commits the crime, opinion of both sides dominating debate was listened to before front courtyard, qualitative evidence is shown when all agreeing with front courtyard careful.
