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published in(发表于) 2014/6/19 4:49:20
Judges resolve the slaying case of family planning cadres

Nanning, Xinhua on June 19 Reuters new media (reporter Xiong Hongming) June 19 in Guangxi "pass family planning cadres" case in Guangxi's fangchenggang city intermediate people's Court of the first instance verdict, the defendant was sentenced to death for murder of He Shen, deprived of political rights for life. In addition, the defendants He Shen had also been sentenced to total compensation in incidental civil action of the plaintiff's economic loss, more than 280,000 yuan.

The defendant had a history of mental illness, when the crime was committed is in what state? Had been arrested, whether they are surrendered? In this case, the Government authorities of wrongdoing? Trial judge focus on people's interest in the case resolved one by one.

　　Man armed with a knife killed many family planning cadres injuring

The Court found, on July 22, 2013 at 4 o'clock in the afternoon, defendant He Shen to Dongxing City Bureau of population and family planning regulations and Statistics Office intended to give a share of their fourth child born to handle extra household related procedures, because of its failure to pay social maintenance and other reasons, staff are unable to produce relevant proof, how deep it will come and cut with a knife threatened the second day people.

The morning of July 23, an accused He Shen States carry the ground well in advance of a machete, GUI PM8872, driving a motorcycle at about 8 o'clock to population and family planning Bureau, Dongxing, brandished a knife and cut to the staff of family planning Council, Dongxing at work, caused the victim a, Huang and Han were killed, a Wei, Huang Hua, Mr Tan Mou, and others were slashed. He Shen of the defendant subsequently was captured by police on the spot.

Fangchenggang city intermediate people's Court concluded that the defendant He Shen States due to failure to perform for their fourth child of the household formalities, knife-Bureau of population and family planning of the five staff members, Dongxing and passing a lawyer hacked, chopped, deliberately unlawful deprivation of a person's life, his acts constitute the crime of voluntary manslaughter.

　　Defendant was ill but has full responsibility

In this case, the defendant He Shen States suffering from schizophrenia. Counsel therefore considers that the defendant He Shen existence of special lighter or mitigated punishment shall be given full consideration of sentencing.

In this regard, the trial judge said forensic v in Nanning city people's Hospital, how deep did suffered from schizophrenia, but after treatment, symptoms, can stick with their medications and in a stable condition, able to go out to work to earn money, get married and have children and take care of his family, who was in remission, the capacity for criminal responsibility to have full criminal responsibility in this case.

Hospital made by the defenders of "judicial expertise report" cannot be used as evidence in question. Confirmed by the Court, Nanning city has five forensic identification of the statutory qualification of people's Hospital, Marston has been entrusted by law to truthfully to the identification provided was identified in an organization, the relevant materials, including the defendant's family, medical history, treatment and life situation, appraisal institutions according to rules for appraisal, appraisal procedure is legal, expert opinion is reliable, can be used as evidence in the case.

　　Murderer arrested was caught not being surrendered

During the hearing, counsel raised the defendant did not flee the scene after the incident, should belong to the surrender. Judge says this explanation, the defendant He Shen committing a crime not after running away from the scene, but its subjective is not to surrender, but want to let more people know, and resisting arrest at the scene, do not meet the conditions of surrender.

"The accused in the criminal process for any discontinuance" problem. Presiding judge said the defendants He Shen in the criminal process, has been imposed on the number of victims killed, and two victims died on the spot, and criminal consequences have appeared and the victim a TAM requesting them not to cut, which did not pass again, only shows that he has the ability to control, rather than a crime.

　　The Court held that Government Department does not fault

In this case, "the Government authorities of wrongdoing" has become the focus of attention. The presiding judge said, according to the defendant's confessions, and the testimony of several witnesses, staff members of government departments a Locke at reception State of deep calm, explain relevant policies in accordance with the relevant provisions, not an extremist words and deeds, the two sides did not quarrel. In terms of treating couples have more than one child of He Shen, road town, family planning staff in the Government according to laws and regulations. In dealing with any deep reflection on dangerous buildings, Dongxing Road Town Government a reasonable reply in accordance with policies and regulations, there is no withholding of compensation in cases, relevant government departments, in this case, the staff member concerned does not exist in the fault.

The Court found that the massacre occurred simply because the defendant State of He Shen-planning work, officials hold prejudices, criminal intent of killing officials. Accused crime of He Shen motivation clear, goal-oriented, and is in the process of moderation, counsel raised by government departments and staff of wrongdoing and accused of belonging to the unusual defense of suicide is valid.

"The criminal acts by a defendant State of He Shen, causing economic loss to the families of the victim, to be compensated according to law. "The presiding judge said all the evidence, the Court sentenced the accused He Shen to death and deprived of political rights for life, and sentenced the defendant to compensate the economic losses to an incidental civil action plaintiff totals more than 280,000 yuan of RMB.

In court, the accused He Shen States that a court will not appeal.

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