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The author:(作者)aaapublished in(发表于) 2014/12/10 8:27:44 Fudan poisoning case the defence questioned Huang Yang ne bis in idem death trial over 13 hours
Yesterday morning, has attracted considerable public attention in poisoning case at Fudan University in Shanghai Municipal higher people's Court of second instance (hereinafter referred to as the Shanghai higher people's Court), 5 the Tribunal heard in public. Allegedly in the dispenser running dimethyl nitrosamine-induced death of roommate Huang Yang Lin Senhao told the Court argues it has no motive for the killing, after poisoning the water was diluted. Defence lawyer Huang Yang died how lethal, fulminant hepatitis b liver disease, asking the courts to new expert Huang Yang died.
In February, the Shanghai second intermediate people's Court made a verdict on the case, Lin Senhao of the accused guilty of manslaughter were sentenced to death and deprived of political rights for life.
Xinhua, the Jinghua times, Zhang shuling Yang Fenglin
Trial lasted 13 hours
8:45 A.M. yesterday, Shanghai high people's Court front, Huang Yang's father, Huang cannot forgive Lin Senhao media said, as to whether to worry about the second instance judgment, he said he would wait for the Court of Justice. Lin Senhao father Lin Zun Yao, together with lawyers come to court, did not answer reporters ' questions. First instance, statue of Yao has been subject to a lot of reporters surrounded the forest, this time he chose a remote hotel far away from the Shanghai higher people's Court.
At 10 o'clock in the morning, trials start on time. Throughout the trial of Lin Senhao answer questions clearly, repeatedly used his hands to his face, and sniff from time to time. Addition to the noon and evening twice a short recess, and continued until around 11 o'clock yesterday's session. Two defence counsel act against anti-hooliganism, Lin Senhao Tang Zhijian 7 sets of new evidence submitted in court to show that Huang Yang's death did not rule out its own health reasons, unsuccessfully to presented to the Court and a copy of the return.
In the final statement, should act against anti-hooliganism think Lin Senhao was intentional injury causing death, sentences should be between 10-15. Tang Zhijian, believes can be induced by wounding people to negligence punishable by death penalty.
The prosecution believes that the facts clearly, the conviction is accurate, wants the Court to reject the appeal, the sentence was upheld. Agent ad litem in the case stated that wanted to maintain the judgment of first instance.
Lin Senhao said that if alive, hope to financially compensate huangyang parents; if you "out" (the death sentence), I hope Huang Yang parents out of the shadows live.
Last night 11:20 P.M., just when the full court adjourned because defence counsel proposed to continue the debate, the Court announced that 10 minutes on each side, and opened a second round of debate.
In April 2013, the Fudan University medical school graduate student Huang Yang died after being poisoned by others, suspects his roommate Lin Senhao. Lin Senhao appeal after being sentenced to death in the first instance, "thinks that no intentional killing of motives, would like to clarify the facts."
"With the expertise of the witnesses" appearance
Yesterday the trial, Lin Senhao defenders to apply for "people with expertise," forensic Hu to attend. According to Lin Senhao Defender, said Hu engaged in forensic work for more than 30 years, had worked for the police and public prosecution system for many years, and in "probe into death of Hunan, Huang Jing," "probe into death of Heilongjiang" "probe into death of Jilin, Zhang Qing," "Beijing Chang Linfeng uxoricide pyre" experts on such major cases as national identification or proof. Jason Hu Beijing Association of forensic forensic Professional Committee, Chinese forensic forensic Center, as a witness with expertise.
Agents had been Deputy Editor-in-Chief of China electronic news Chang Linfeng wife death Beijing Dacheng the Criminal Department Director Zhao Yunheng, yesterday said in an interview with reporters, when his agent was alleged by the prosecution after strangling his wife the pyre, a trial was sentenced to death for murder. After hired Jason Hu as a forensic case had its turn. On March 20 this year, a court acquitted Chang Linfeng, and released.
"Forensic Hu's judgment played a crucial role in the case. "Zhao Yunheng said.
-Debate
"I didn't mean to kill anyone's motives, and I would like to clarify the fact that I have been poisoned after the water has been diluted. "Fudan poisoning trial of second instance to Lin Senhao of the defendant's turn to start. Lin Senhao of the silent little language in the first instance, in the second trial to replace the defence counsel, trial and more active. The trial lasted one day, the prosecution and Court debate revolves around four focus issues.
Focus is intentional homicide was sick curiosity
In court, Lin Senhao accepted his defence counsel and the prosecution asked. His confession that he didn't murder motive. Lin Senhao said on March 30 on April Fool's day trick he Huang Yang said that "the idea just flashed. "Lin Senhao account doing it, is curious about Huang Yang encounter this kind of thing to do. Lin Senhao said he and Huang Yang have any quarrel, fought, nor jealous of Huang Yang. Therefore, there is no saying in a ruling critical of Huang Yang, decided to poison Huang Yang.
Allegations against the Prosecutor himself in late March 2013 in online dimethyl nitrosamine allegations Lin Senhao called check out to complement the paper at that time. And his movies have seen killings in bookstores, and posts that are not afraid of death and so, Lin Senhao said it was on the opposite side of the dorm to see, nothing to do with poison.
Focus II drink can killed Huang Yang
Allegations against Huang Yang had been poisoned, Lin Senhao defenders say dimethyl nitrosamine dose into the dispenser how much spit, Huang Yang drunk, but also how much, the problem is not to find it out.
Court Lin Senhao simulating poison video was played in court. This video shows that Lin Senhao cupped water bucket, reclining with his left hand dispenser bucket on the left wall, and dimethyl nitrosamine in the small brown bottle into the water dispenser the Groove. After you put the bucket, Lin Senhao leaned over, sniffed dispenser switch, then water Cup with water and into the Groove.
Lin Senhao said the poisoned transcripts of videos is based on the detection of the simulated, there is a problem, actually, drinking water should be more than 1100 ml water in the dispenser in the experiment.
Lin Senhao said little brown bottles of dimethyl nitrosamine was bought by March 3, 2011, 100 ml Pack, when it got, remaining in the bottle approximately one-fifth to one-fourth, so that only 30 ml instead of allegations put 75 ml or 50 ml.
Focus III that the vote is "dimethyl nitrosamine"
Lin Senhao's lawyer suggested that Lin Senhao toxic dimethyl nitrosamine obtained illegal production, "according to the book's methods and place for so many years, forest uses when it still is dimethyl nitrosamine? "Defender, said Lin Senhao used dimethyl nitrosamine poisoning, in 2011 in a rat experiment showed that toxicity is lower than the national standard, calculated in accordance with 1200 ml of water in a bucket when the incident, Huang Yang drink definitely less than a lethal dose. Defender in court repeatedly asked prosecutors to produce a mass spectrum of key evidence, the prosecution has not responded.
Questioned about this, prosecutors said, three of the mass spectrum is dimethyl nitrosamine than to prove poison. While prosecutors denied deliberately does not provide mass spectra, and believes that the death of Huang Yang had no precise data, because there's no man to do experiments and quantitative testing does not make sense.
Reporters also learnt from the trial, the same urine, both testing agencies of huangyang urine results are not the same: result by Shanghai Municipal Public Security Bureau of forensic Center is Huang Yang dimethyl nitrosamine in the urine, while the Shanghai Research Institute of forensic science and technology do not check out. On this issue, the prosecution witness said, separate from the detection method used by the two agencies, so discrepancies in test results are normal.
Focus four Huang Yang died of toxic hepatitis
Shanghai personal injury Committee of forensic experts as an Appraiser, said Huang Yang causes of death identified as: consistent with acute liver necrosis caused by dimethyl nitrosamine poisoning caused multiple organ failure secondary to acute liver failure.
Forensic Lin Senhao defenders invite Hu put forward before the Court, Huang Yang cause of death is fulminant viral hepatitis b-induced acute hepatic necrosis, died of multiple organ failure. Secondly, under the current inspection report identified huangyang lethal lack of basis, by pathological inspection, determine the nature of death was poisoning and are particular dimethyl nitrosamine poisoning is "unobjective and unscientific".
Prosecutors from forensic related inspection reports issued by Hu's professional qualifications, references the relevant articles, animal experiment and whether there is a difference between human body and so on, have questioned.
Prosecutors believed that Hu's conclusion was based primarily on instruments, reporting and so on, was not involved in the autopsy. "Can you think you're original autopsy procedure of evidence are recognized, but does not endorse its conclusions? "" If you even the autopsy evidence is not recognized, issued according to its conclusions do not think is contradictory? ”
Judges in Court show that Jason Hu said the content does not belong to the People's Republic of China criminal law expert opinions, as views on the cross-examination of the expert opinion, cannot stand alone as the basis for decision.
(Original title: Fudan poisoning case appeal trial the defence questioned the cause of death)
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