Go homepage(回首页) Upload pictures (上传图片) Write articles (发文字帖)
The author:(作者)aaapublished in(发表于) 2014/12/10 8:31:05 Read bin case forensic： Fudan poisoning case the deceased died from fulminant hepatitis b
Yesterday, the poisoning case to Fudan University in Shanghai higher people's Court of second instance court. In the first instance, Lin Senhao guilty of voluntary manslaughter and sentenced to death.
Courtroom, Huang Yang death, tit-for-tat by the prosecution. Lin Senhao's lawyer believes that recertification Huang Yang died. Prosecutors think that recertification is not necessary. Lin Senhao denies murder motive, and said he had diluted the water dispenser water ...
Hu said an expert witness in court, Huang Yang died of fulminant hepatitis b. Judges, "said a witness with expertise" made written comments and opinions in Court today, not part of the criminal procedure law, expert opinions, should be as to the cross-examination of the expert opinion, cannot stand alone as the basis for decision.
Defense "dimethyl nitrosamine"
In April 2013, the Fudan University medical school graduate student Huang Yang died after being poisoned by others. Suspects Lin Senhao victims roommates, poisoned drug is highly toxic chemicals "dimethyl nitrosamine". On February 18, 2014, "Fudan poisoning case" sentence, Lin Senhao for intentionally killing a roommate Huang Yang was sentenced to death and deprivation of political rights for life.
"I didn't mean to kill anyone's motives, I do some corrections to my crime" after the trial, Lin Senhao statement compared to a trial, a huge contrast.
Lin Senhao said after the poisoning, his water dispenser water line inside the dilution, brush my teeth with glasses of water two or three times highly toxic compounds in n-dimethyl nitrosamine bail the water out, then pick up clean water in the toilet, poured into the dispenser. In the first instance, Lin Senhao does not have similar representation. Prosecutors said Lin Senhao changes for the time, was after the first-instance trial, sentencing the former.
Court first focus revolves around Lin Senhao using n-dimethyl nitrosamine poisoning substances. The Defense believes that Lin Senhao not familiar with the toxicity of the substance, and says n-dimethyl nitrosamine reagent bottles in stock, toxicity cannot be determined.
Lin Senhao lawyer said Lin Senhao poisoned the process without any protective measures, if he knew, before the toxicity of n-dimethyl nitrosamine, should know is poisoned after inhaling.
Huang Yang's agent said that Lin Senhao several essays and theses instructions, Lin Senhao for n-dimethyl nitrosamine by virulent and deadly situation is clear. And made the process isn't easy, and if that is a joke or a whim, totally unnecessary by such a complex gimmick.
Prosecutors asked Lin Senhao, "you say poison is April Fool's Day prank, but in your Web pages, with respect to the description of the toxic". In response, Lin Senhao responded, "was seen, but did not notice. ”
Also, counsel said, in witnesses Lv Weiwei of 4 times testimony in the, which once testimony displayed, n-II methyl Asia nitrate amine experiment with has 25 mg, pursuant to sales personnel of testimony, also remaining 45 mg, in experiment Hou store has 2 years, n-II methyl Asia nitrate amine will volatile, Lin Senhao using Shi, inside of n-II methyl Asia nitrate amine stock into suspected.
Defense lawyers also said that involved n-dimethyl Nitrosamine is a illegal production and sale of the factory in Tianjin.
Defense lawyers said after the incident, return the machine bucket of drinking water have been involved. Bucket does not have the tag, how to use a cotton swab dipped in a bucket to locate a specific row of the bucket? N-dimethyl nitrosamine by volatile, but extracted from water dispenser bucket until April 5. Exposed to the air for so long, why can draw on to n-dimethyl nitrosamine?
Prosecutors responded by cotton swab to wipe you can determine specific buckets. Bucket in the prolonged exposure to the air, can detect n-dimethyl nitrosamine, can prove that high concentrations of the poison.
"Expert witnesses" appearance
The focus of the Court's biggest, appears after the witnesses appeared.
Forensic Jason Hu as "a witness with expertise" to testify, and unexpected victim Huang Yang's death, a new interpretation.
Hu worked as a forensic police, currently Beijing Association of forensic forensic professional member, Director of the Beijing Huaxia room forensic, Forensic Science Center, has been involved in "reading bin" and other identification.
Hu in Chamber Shang proposed four points views: a, and Huang Yang died Yu outbreak sex b type viral hepatitis; II, and on n-II methyl Asia nitrate amine of test, Huang Yang exists n-II methyl Asia nitrate amine poisoning and poisoning death lack according to; three, and pathology histological test cannot as causes diagnosis, especially specific of causes and excluded other various causes, is not objective not science of; four, and identification program exists problem, Hou once of identification institutions level should above Qian once, Therefore should be entrusted to the Ministry of public security and judiciary appraisal Center for secondary identification.
Jason Hu, said Huang Yang on April 3, 2013, 6th, 8th and 12th do it 4 times for the hepatitis b virus blood tests. Test report in the 3rd indicator line is positive for the hepatitis b surface antibody, but the other two antibodies were negative. 6-three antibody-positive until the 8th, 12th, three antibodies were positive, "other reasons for this likely to lead, the only explanation is that Huang Yang is infected with hepatitis b. ”
Jason Hu, said Huang Yang exhibited symptoms of hepatitis b viral hepatitis. N, n-dimethyl nitrosamine poisoning, the condition of antibody-positive hepatitis b virus does not occur.
Debating "fulminant hepatitis"
Hu's testimony, causing much controversy. Previously, both first instance and in the public opinion, think the huangyang cause of death is due to Lin Senhao poisoning. Jason Hu, does that mean Fudan poisoning cases have appeared in the drama "reversal"?
However, after Hu left, playing another forensic expert Chen Yijiu testified, denied that Hu's views.
Chen Yijiu was Director of the Institute of forensic science and technology, the Ministry of Justice, the Shanghai Municipal Commission of forensic experts personal injury professionals, participate in the huangyang bodies sign detection and identification.
He said Huang Yang body identification reports are 5 professional appraiser agreement, bodies forensic test results consistent with the Shanghai Municipal Public Security Bureau.
Jason Hu, said Huang Yang three indicators were positive, associated with fulminant hepatitis b. On this point, Chen Yijiu denied the claim, saying that "only shows status of Huang Yang has had hepatitis b infection. If it is a fulminant hepatitis occurs, happened to these two indicators not reflected here. Three positive may be two, one is vaccinated against the hepatitis b vaccine, one is infected with hepatitis b virus in a State of rehabilitation. "
In addition, Huang Yang's agent accuses Jason Hu, "charged the costs", said Jason Hu, measured by different standards.
Judge says Hu made written comments and opinions in court, does not belong to the criminal procedure law, expert opinion, and should be as to the cross-examination of the expert opinion, cannot stand alone as the basis for decision.
Lawyers apply for recertification
Yesterday, in the courtroom, defense lawyers believe that Lin Senhao isn't manslaughter, death of Huang Yang recertification. And said to Lin Senhao sentencing should be based on the crime of intentional injury, and there should be no aggravating circumstances.
Another defence counsel were of the view that Lin Senhao crimes should be based on negligence causing death sentencing.
According to the People's Republic of China criminal code, wilful grievous bodily harm, to three years imprisonment, criminal detention or public surveillance. Resulting in serious injury, shall be sentenced to imprisonment between three to ten years and cause death or severe disability caused by particularly cruel means, resulting in serious injury, sentenced to ten years imprisonment, life imprisonment or the death penalty. Deaths caused by negligence, shall be sentenced to imprisonment between three to seven years; the lesser, shall be sentenced to three years.
At the trial stage of the debate, significant differences in prosecution.
"Lin Senhao, (the death of Huang Yang) was unexpected", defense lawyers said the first instance finds Lin Senhao homicide evidence not strong enough. Does not prove that Huang Yang drink n-dimethyl nitrosamine, take a step back and say, even if it is n-dimethyl nitrosamine, but less than a lethal dose, does not rule out Huang Yang's own health reasons, in the course of undergoing medical treatment cause illness.
For the defence, prosecutors believe, Huang Yang's death has nothing to do with fulminant hepatitis b, and that again identified the cause of death was not necessary.
"We believe Lin Senhao behavior, than can be explained by joking, Lin Senhao as a medical student, right understanding deeper than ordinary people, and also wrote a related paper, to liver failure and death is unpredictable", the prosecution said, wanted to maintain the first-instance ruling.
South reporter Zhang Shaojie
Huang Yang three indicators were positive, associated with fulminant hepatitis b.
---Forensic Hu
This only shows status of Huang Yang has had hepatitis b infection.
---Forensic Chen Yijiu
Lin Senhao: no murder motive, after putting in poison the water in drinking fountains was diluted.
Prosecutors: Lin Senhao for the poisoning and the number has no legitimacy and credibility, and indefensible.
Forensic Hu: Huang Yang Department of fulminant hepatitis b-induced acute hepatic necrosis and eventually died of multiple organ failure.
Prosecutors: that Hu did not comment on Huang Yang conducted autopsies, concluded merely on the basis of documents, records and other materials, do not agree.
Defense Attorney: Lin Senhao poison obtained illegally made, and had for so many years, still is dimethyl nitrosamine?
Prosecutors: dimethyl nitrosamine on illegal production, but cannot be proved to be false.
赞