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The author:(作者)hpmailerpublished in(发表于) 2013/11/30 9:40:09 Wuhan University students hijacked women doctors in the case
Authorities wide nets of Wuhan, November 30 (reporter, Hubei song lijuan) aspect ratio, according to voice of the news reports, 6 months ago, Wuhan University student Chen riding a bicycle knocked down the 82-year old great grandmother, great grandmother for wrist fractures require hospitalization, Chen faced great grandmother families ask for a thousand Yuan deposit, an emotional knife hijacked under a female doctor.
Yesterday it was sensational, "College student Chen hijacked a female doctor" 1th Hall in the Wuhan qingshan District Court trial court rocked with. While the core of the entire trial, there is only one, and that is, what Chen's behavior really constitute offences? Prosecutors accused Chen of being kidnapped, while defence is considered to be under disturbance to social order.
8:30 A.M., reveals a chill in the air, Chen Xu's parents and his family had been waiting in the doorway to the Peak District Court early. Chen Xu's father Chen Xian has just turned 50 this year, heavy blow after son consumed him.
Cousins Guo Rui Chen Xu: hearing the child after it hair white, his mother's day (hearts) were in children, haven't seen their children for such a long time, which parents would not hurt their children.
Chen Xian brought written a confession letter Chen Xu, confessed in the book, Chen Xu wrote: "I cannot tell you to say sorry, I do not know how to eliminate shadows that I caused you--both physically as well as the impact of, I can only say to you in writing a heartfelt sorry. "Chen Xianfu said the confession was written by Chen Xu during his detention, has been handed a kidnapped female doctor.
Chen Xian Fu: he wrote a letter of apology to the doctors he never wanted to hurt her, but did not want to hurt anyone.
Nine o'clock, 1th Hall were occupied the Peak District Court reporters, Chen Xu's family, as well as the enthusiastic members of the public interest in this case are just waiting for. Led by the Marshal, dressed in a blue-and-white uniform, wearing a chain of Chen Xu, went to court. At this point, like a tear in the eyes of Chen Xu's father Chen Xian, after the accident, this is the first time I saw my son.
In court, a prosecutor charged Chen Xu of kidnapping. Said in May this year, Wuhan University student knocked down by riding a bike a 82 year old grandmother Chen Xu, resulting in wrist fractures require hospitalization of the elderly, their families requested from Chen Xu thousand Yuan deposit, Chen Xu was armed with a knife hijacked a female doctor. Prosecutors have also been produced to the Court hit the elderly, family and kidnapped the doctor's testimony.
Chen Xu hit the old lady was contested confessions by public security organs, he said, is not not contacted relatives and friends to raise money, but through friends and family phone not connected. Old lady's son, immediately after the call, a move that made him feel personal safety was threatened. Chen Xu's lawyer Wu lawyer said they will defend Chen Xu, in his view, the case should be a disturbance to social order or suspected of illegally imprisoned, reason is the defendant acts did not constitute a legal meaning of "kidnapping":
Chen Xu a lawyer: commit acts of hostage Chen Xu was not subjectively malicious, it's not for illegal purposes, but in that particular case in the frightened mood, Chen Xu that his physical threats, his self-seeking help, act in safe from harm.
When attorneys asked Chen Xu was hurting women doctors were trying to "cheat", the said Chen Xu was "cheating", he did not want to harm women doctors. Lawyer asks, "If you were on a police car, whether you want to run? "Chen Xu said," not to flee is the borrowed money went to Wuhan University, fellow classmates ". Hu's lawyers said Chen Xu, from beginning to end have no thought of hurting women doctors, nor cause substantial harm.
Chen Xu a lawyer: female doctor hostage Chen Xu took protective measures has been active in the initiative process, always keep your thumb in a fruit knife and a doctor between your neck can actually cause harm to doctors hurt fingers first.
Prosecutors said Chen Xu's behavior had constituted the crime of kidnapping, and pointed out, as a college student, Chen Xu's legal consciousness, making such a move, and mined areas have been breaking the law. Hear these words and apparent fluctuations in emotional Chen Xu, he began sobbing with his head down. He says, feel remorse for their actions, although characterized as kidnapping who hold different views, but I'm willing to face justice.
Abducted women doctors today did not appear in court. Lawyers said Hu, had been in touch with female doctor calls in the hope that consist of, they always insist on not understanding, and said it would not claim he account of Chen Xu's family.
Chen Xu Attorney: victim does not understand defence under a lot of pressure, because, according to the criminal law provisions, financial compensation to the victims or having understanding the victim may be given a lighter punishment, but now victims still did not understand.
Counsel pointed out that, even kidnapping, should also be comprehensive crime manifestations of Chen Xu, a lenient sentence to Chen Xu. Counsel also presented the home located on weekday character of Chen Xu, Chen Xu behave with a certificate.
Cousins Guo Rui Chen Xu: Chen Xu family condition is not so good, there was likely to be poor. The second felt like I finally got to go to College and become a burden to his family, he had appeared in that case may be entirely unaware of. He, for one, share responsibility for their actions, which we think is also, in the middle of the emotion and law, giving children a chance, give him a path.
Trial ended at 11:58, the Court would review the timing for a sentencing date.
(Original title: students taking doctors argue both sides debate the kidnapping trial was a breach of the peace)
央广网武汉11月30日消息(湖北台记者 宋丽娟) 据中国之声《新闻纵横》报道，6个月前，武汉大学生陈某骑自行车撞倒82岁的太婆，太婆因为手腕骨折需要住院，陈某面临太婆家人索要千元押金，情绪激动之下持刀劫持了一位女医生。
昨天这起曾轰动全国的“大学生陈某劫持女医生”案在武汉青山区法院1号厅开审，庭审现场坐无虚席。而整个庭审的核心只有一个，那就是，陈某的行为到底构成什么罪名？检方指控陈某的行为是绑架，而辩方则认为是情急之下的扰乱社会治安。
清晨八点半，空气中透着阵阵寒意，陈旭的父母及家人已经早早守候在青山区法院的门口。陈旭的父亲陈贤付今年刚满五十，儿子出事以后沉重的打击让他憔悴不堪。
陈旭表哥郭瑞：听到孩子出事以后头发都白了，他母亲天天(心)都操在孩子身上，这么长时间没有看到自己的孩子，哪个父母不疼自己的孩子啊。
陈贤付随身带着陈旭手写的一份忏悔书，在忏悔书里，陈旭写道：“我既不能当面亲口向你说声对不起，也不知如何才能消除我带给你的阴影——无论是身体上乃至生活的影响，我只能用书面形式向你说一声发自内心深处的对不起。”陈贤付说，这份忏悔书是陈旭在关押期间写的，已经转交给了被绑架的女医生。
陈贤付：他在给医生的道歉信里写他从来没有想去伤害她，更没有想伤害任何人。
九点，青山区法院1号厅座无虚席，记者、陈旭的家人，以及关心这一案件的热心市民都在静静地等待。在法警的带领下，身穿蓝白相间的囚服，手戴镣铐的陈旭，走上法庭。此时，陈旭的父亲陈贤付眼里泛起了泪花，出事后，这是第一次见到自己的儿子。
法庭上，公诉人指控陈旭犯有绑架罪。指出：今年5月，武汉大学生陈旭骑自行车撞倒一位82岁的老奶奶，导致老人家手腕骨折需要住院，其家人向陈旭索要千元押金，陈旭竟持刀劫持了一位女医生。公诉人还向法庭出示了被撞老人、家人以及被绑架医生的证词。
陈旭对被撞老太太在公安机关的供述提出异议，他说，并非没有联系亲友筹钱，而是打通了亲友电话没有接通。老太太的儿子紧接着打电话叫人，这一举动让他感觉人身安全受到了威胁。陈旭的代理律师胡律师称，他们将对陈旭进行辩护，他认为本案应为扰乱社会治安或涉嫌非法囚禁，原因是被告人行为并不构成法律意义上的“绑架”：
陈旭代理律师：陈旭之所以实施挟持行为，并不是主观上恶意，也不是为了达到非法目的，而是在那种特殊的情况下陷入了恐惧无助的情绪，陈旭认为他的人身受到了威胁，他为了寻求自我帮助，免受伤害实施的行为。
当律师问陈旭是想伤害女医生还是想“使诈”时，陈旭回答说是“使诈”，他并没有想加害女医生。律师又问，“你当时是否要了警车，是否想逃跑？”陈旭回答，“不是想逃跑，是想去找武大的老乡同学借钱”。胡律师称，陈旭至始至终都没有伤害女医生的想法，也没有造成实质性伤害。
陈旭代理律师：陈旭在挟持女医生的过程中一直积极主动采取了防护措施，一直把自己大拇指挡在水果刀和医生脖子之间，其实要对医生造成伤害首先要伤到自己的手指头。
公诉人说，陈旭的行为已经构成了绑架罪，并当场指出，作为一名大学生，陈旭的法律意识淡薄，做出这样的举动，已经触犯了法律的雷区。听到这番话，陈旭情绪出现明显波动，一直低着头的他开始抽泣。他表示，为自己的行为感到懊悔，虽然对定性为绑架罪持有不同意见，但愿意接受法律制裁。
被劫持的女医生今天没有出庭。胡律师说，此前已跟女医生电话联系，希望求得谅解，但对方却坚持不能谅解，并考虑到陈旭的家庭原因表示不索赔。
陈旭代理律师：被害人不谅解辩护起来压力很大，因为根据刑法规定，对被害人进行经济赔偿，或者得到被害人谅解是可以从轻处罚的，但是现在被害人依然不谅解。
辩护律师指出，即使是绑架罪，也应综合陈旭的犯罪表现，对陈旭予以轻判。辩护律师还出示了陈旭家乡所在地对陈旭平日品格、行为表现的一份证明。
陈旭表哥郭瑞：陈旭家庭条件确实不太好，有可能是穷怕了。第二个感觉自己好不容易上大学又要给家里造成负担，当时他出现了那个情况可能完全就懵了。他自己来说，对自己的行为该承担责任，这个我们觉得也是，也对，在情和法中间，给孩子一个机会，给他一条路走。
庭审于11:58结束，法院将择日宣判。
(原标题：大学生劫持女医生案开庭 控辩双方激辩绑架还是扰乱治安)
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