Why are the sentencing of the third defendant different?Will it change the judgment?Lawyer interprets the second instance of "Nanjing Female University Student Case"

Elephant News reporter Zhao Dan

On August 26, the second trial of the "Nanjing Female College Student Criminal Case" was held in the Xishuangbanna Intermediate People's Court. Previously, the first trial of the case was sentenced to death on July 7: The defendant Hong was sentenced to death for intentional homicide. Zhang Mouguang and Cao Mouqing were sentenced to death for intentional homicide. Since then, the three appealed. So, after the defendant, Hong Mou, after the first instance, did he propose a legal basis for his legal basis? What are the sentencing of the defendants Hong, Zhang Mouguang, and Cao Mouqing? Lawyer Zhou Zhaocheng interpreted.

Elephant News: After the first instance, Hong Mou appealed on the grounds that he was innocent. According to relevant laws, does Hongmou's reasons be supported by law? How to evaluate the sentencing of his sentencing in the first instance?

Zhou Zhaocheng: The defendant Hongmou's appeal is his legal right, so there is no problem with the appeal on the reason for innocence. However, if the court of first instance determined that the facts of the case were correct and the evidence was indeed sufficient, the reasons for Hongmou's innocent appeal were difficult to establish in the second instance.

The charges of intentional homicide are not to say that the defendant must be killed by himself.

In the first instance judgment, the court has identified the criminal proposal, planner, and commander of Hongmou's intentional homicide case to provide the crime costs and deceive the victim to the place of the crime. Qing constituted a common crime of intentional homicide, and Hong Mou had the heaviest crimes in the joint crime of the three. The court also believes that there are still some harsh plots in the case, carefully pre -murder. Compared with the plot of passion killing, these are the causes of severe punishment for the court of first instance.

Therefore, there is no legal and factual basis for Hongmou's innocence appeal, and the death penalty of the first instance is not obviously improper.

Elephant News: The reason for Zhang Mouguang and Cao Mouqing is too much to quantify. As a direct murderer, the judgment of the first instance is slow. What do you think?

Zhou Zhaocheng: The court of first instance sentenced the defendant Zhang Mouguang and Cao Mouqing to the death penalty for intentional homicide, and executed two years of slow period and deprived the political rights for life. The main reason is that the two did not take the initiative to kill the victims, and they handled intentional homicide intentional homicide The behavior was mainly under the command of the defendant Hong.

Although the defendant Zhang Mouguang and Cao Mouqing were the performers of the direct homicide, the two pleaded guilty and regretful after returning to the case. They could actively cooperate with the investigation of the judicial organs. In addition certain. Therefore, the court of first instance was not improper to the defendant Zhang Mouguang and Cao Mouqing.

Of course, the defendant Zhang Mouguang and Cao Mouqing filed an appeal is also its legal right. It believes that the first instance of the first instance is also the right to appeal, but it is difficult to say whether the second instance court will adopt it. Comprehensive evidence of the whole case, as a direct murderer, the defendants Zhang Mouguang and Cao Mouqing were sentenced to death. In fact, they were already punished lightly.

Elephant News: In the first instance judgment, the three are the main criminals. What are the legal basis for this judgment? Since they are the main criminals, why is there a difference between the three of them? The criteria for the identification of the offender?

Zhou Zhaocheng: my country's Criminal Law stipulates that in the joint crime, the main role as the main criminal. There are three types of primary criminals: 1. Criminals who organize, plan, and command the criminal group, is the organizer, which is the primary element. 2. Criminals who have organized, planned, and commanded in the crime of gathering public are one of the primary elements. The primary elements in the crime of gathering people are the gathering of crimes and crimes, and they are organizers, planners, and commanders of crime. 3. Other criminals who play the main role in common crimes refer to the main criminals.

This case is the third case. The reason why the three are the main criminals is because in our judicial practice, the criminals who propose the criminals and participate in criminal acts in person generally do not think it is a criminal. In the common crime of this case, Hongmou's intention to propose, planner, and commander provided the cost of committing crimes to seduce the victims to the place of the crime; while Zhang Mouguang and Cao Mouqing were the executors of the killing of the killing. Acts play a main role.

Therefore, although all three are the main criminals, there are differences in punishment. It is mainly because the court believes that Hong's status in the common crime of the three and the heaviest crimes; Hongmou's confession and repentance have a poor attitude, and Zhang Chen and Cao Mouqing actively regret the crime.

Elephant News: Based on the known case, can you predict the judgment of the next case?

Zhou Zhaocheng: I think that the right to appeal is the right of the three defendants. Whether the second instance can be changed. The ultimate basis is evidence of cases. Crimes and sentences must be determined in accordance with the evidence of the case. If there is no new evidence and new facts in the second instance, and the basic facts identified in the first instance are correct, then I think that the judgment of this case may be small. However, it is not that there will be no change at all. For example, if the victim's family accepts the defendant's compensation, obtains understanding, or identify the defendant's mental illness when the defendant committed the crime, then there may be changes in conviction and quantitative sentences.

However, during the trial of the first instance, the victim's relatives clearly requested severely punishing the defendant and voluntarily abandon compensation, and applied to the court to withdraw civil prosecutions, so this is unlikely.

Case combing:

In July 2020, Li Shiyue went to Erhai County, Yunnan under his boyfriend Hong Mou's coaxing. At the same time, Zhang Mouguang and Cao Mouqing, who were instructed by Hong, also went to Erhai. After the murder tool, Li Shiyue was deceived to the Pu'er Tea Park in Erhai County to kill her cruelly. On August 4, 2020, the Police of Erhai County reported that after careful investigation, he found that the boyfriend Hong (male, 24 years old, Nanjing, Nanjing, Jiangsu), who lost contact with the female college student, was suspected of committing a crime. On August 3, the Erhai Police and Nanjing Police in Nanjing General Hong, Zhang Mouguang (male, 21 years old, Suqian, Jiangsu), Cao Mouqing (male, 20 years old, Nanjing, Jiangsu) and other criminal suspects arrested , And found the bodies buried in the mountain forest in the suburbs of Erhai County that day. Police preliminary found that the suspect Hong Mou and Zhang Mouguang and Cao Mouqing conspired in Nanjing. Kill and bury the corpse.

In September 2020, the People's Procuratorate of Erhai County reported that the hospital approved the arrest of the suspect Hong Mou on September 4, 2020 with suspected intentional homicide and theft; The arrest was approved for intentional homicide; the suspect Qi Mouqiang approved the arrest for suspected theft.

On the morning of January 28, 2022, a victim of the Nanjing female college student began a trial in the West Double Version of Yunnan Xishuang Version. On July 7, 2022, the case was sentenced to the first instance of the first instance of the Nazhou Intermediate People's Court in Xishuang Version of Yunnan: Hong Mou was sentenced to death for intentional homicide, and Zhang Mouguang and Cao Mouqing were sentenced to death for intentional homicide.

- END -