At 9 a.m. on April 11, the Shaanxi Provincial Higher Peoples Court opened its second trial in the Criminal Trial Chamber of Hanzhong Intermediate Peoples Court to hear the case of defendant Zhang Deduction for Intentional Killing and Destruction of Property.
In a fight 22 years ago, Zhang Duans mother in Hanzhong, Shaanxi Province, was injured and killed by the Wang family. Wang Zhengjun, the third son of the Wang family, was sentenced to seven yearsimprisonment for intentional injury and compensation of 9,639.3 yuan. On the day before the Lunar New Year of 2018, Zhang Bunku killed three of the Wang familys father and son. On January 8, 2019, the Hanzhong Intermediate Court sentenced Zhang to withhold the death penalty and deprive him of political rights for life for the crime of intentional homicide and intentional destruction of property.
At 7:23 p.m. on November 11, the Shaanxi Provincial Higher Peoples Court announced the final verdict through the official microblog: to reject the appeal and maintain the original death sentence. The death penalty ruling of Zhang Deduction shall be submitted to the Supreme Peoples Court for examination according to law.
On the same day, the Shaanxi Provincial Higher Peoples Court carried out simultaneous picture and text live broadcast of the trial through the official micro-blog. Upstream news, based on the official micro-blog information of Shaanxi Provincial High Court, sorted out many little-known inside stories of the case.
_Zhang buckled in court. Photo Source: Official Weibo of Shaanxi Provincial High Court
Im avenging my mother. Its nothing to do with life.
At about 9 a.m. on April 11, the Court opened its session and the presiding judge summoned Zhang to appear in court. Later, Zhang Button and wearing a black short sleeve T-shirt appeared in the dock.
In view of the significant social impact of the case and the large amount of evidence, a pre-court meeting was held on March 22, 2019, and the collegial panel heard the views of the prosecution and the defense from eight aspects.
On the scene of the trial, the prosecution and defense discussed five controversial issues. Among them, whether the victim of the case is at fault, and whether the sentencing for the intentional homicide withheld by the appellant is appropriate, the prosecution and the defense fully expressed their opinions in the court debate.
Both the prosecution and the defense have no objection to the facts and evidence of the first instance judgment. Only when the presiding judge inquired about Zhangs detention, he said, I have an opinion that I did not kill Wangs army and then return to stab Wang Zhengjun.
During the questioning process, Zhang said, When my mother died, I vowed to revenge God. I never saw Wang Zhengjun. Before the Spring Festival of 2018, I found Wang Zhengjun coming home upstairs. When I saw his moments, I remembered the scene where my mother was killed.
Zhang acknowledged that for 22 years, he had been waiting for opportunities, but did not.
Zhang Jiankou disapproved of the first trial decision, believing that he was angry with the royal family because of his bad work. He also said that the police had asked him to say that by way of inducement. Say I revenge society, I am not a neurosis? How could you kill anybody?
I just want to avenge my mother! Zhang buckled and said, I remember my mother who was beaten by the second and the third of the family. Then Wang Zixin said that he would fight to death and beat Lao Zi to death. The third beat my mother to death with a stick.
He disapproved of the verdict in the case of his mothers death from injury and felt that the verdict was unfair.
Zhang Bunkou said, My mother fainted on the spot after she was beaten. It was at my door. My father took my mother to the Wangjia Gate. At that time, there was someone in the Wang family. My father said,Show me what you beat. My mother is lying at the Wangjia Gate. The Wangjia can see it, but it doesnt matter. My mom woke up and crawled home... When my dad saw it, he helped my mom over. At that time, my mom couldnt sit down, so she lay on the floor at the door of my house.
_The scene of the second trial. Photo Source: Official Weibo of Shaanxi Provincial High Court
I dont want to get married, I just dont want to worry about it.
On the reasons for not getting married, Zhang said, I dont want to worry about the future. When my mother died, I knew I would have this day. Every year when I go to my mothers grave, I always say I want to revenge my mother. Those who accomplish great things do not stick to trivial matters. For revenge, I dont want to let my mother die in vain. Mr. Wang often provokes me. I once stood at the door of my house, and Mr. Wang took his wife past my door and provoked me. Stop in front of me, nod at me, and look provocative. I didnt respond.
After committing the crime, Zhang said that he knew he could not run away, but wanted to see fireworks once. Do not accept that the prosecutor said that I was at the end of the road before I surrendered.
I disagree with the prosecutor who says that I kill when my life is not going well. All the things about my life are what the case handlers have induced me to say... You have ideas about money, but you have to make money according to your abilities.
Zhang said that he wanted to kill them when they went to the grave, but he was afraid and waited on the way back. In the process of waiting for others, he recalled his mothers affairs from beginning to end, and his heart was ruthless. My brain was blank, without fear or tension. Like walking corpses, people cant help stabbing people.
Zhang said that on the evening after the crime, he went to town to find his uncle and said that he had not eaten for a day and gave him 100 yuan. He told his uncle that he would surrender himself. His uncle also made him surrender. Then I went to the shop and bought 40 yuan snacks and sat on the beach for a night. On the first day of New Years Day, he was walking on the road, trying to buy a bottle of water, but he couldnt find a shop. He asked a villager for a large glass of water to drink. Later, at the entrance of Xinji Police Station, a girl came in and was shocked to see him. I told her its okay. You take your money. Then I went out for a dry meal and surrendered.
_The second instance pronounces the judgment, decides to reject the appeal, and maintains the original sentence of death penalty. Video screenshots
Why do people kill on New Years Eve 30? Only on that day did four people come together.
Deng Xueping, an attorney for Zhang Deduction, asked, When you opened the court at first instance, it was natural for you to avenge your mother. Now do you still think so?
Zhang said, Yes, Im not wrong. Im a bloody man.
Zhang Jiankou told the prosecutor that he was going to kill four people, including Wang Fumou, but he did not go back in the thirtieth year of the new year. He went back and I killed him with him. At the first instance, Wang Fumou insulted my lawyer, and I said to him, You should be glad you are alive.
The prosecutor asked, Did you ever think about killing people in public? Others would be afraid?
Zhang said that they would be afraid, and they would certainly panic.
The prosecutor asked why he chose to kill people on the way back from the celebration of ancestors on the 30th lunar year.
Zhang said, I think only on this day can the four of them come together and I kill them all at once.
The prosecutor asked, the autopsy showed that Wang Zhengjun had 24 knives in his body, and the direction of the knife wound was different. Could you explain how the number of knives and the wound position were formed? The number of knives you stabbed on Wang Zhengjun was close to the sum of the number of knives stabbed on the other two men?
Zhang said it was hatred and anger. I stabbed first in the back and then in the front.
The prosecutor asked, do you regret killing now?
No, said Zhang.
_Sentences issued by Shaanxi Provincial High Court. Micro-blog screenshots
Attorney: Thought distortion, vent personal indignation and revenge others
According to the prosecutors evidence, Zhang Jiankous life and work were not smooth from his junior high school graduation to the time before the crime, and he could not achieve the goal of having money, car and family. There is no dependable family, no trustworthy friends, and the pressure of thinking is great. Thus, they are dissatisfied with the current situation of life, lose confidence in the future, and lack of self-removing ways, which leads to their distorted thinking and the motivation of retaliating others to vent their indignation.
I have been studying locally since I was a child, and I have been working outside since I graduated from junior high school. I killed Wang Zixin, Wang Xuejun and Wang Sanwa (Wang Zhengjun), first of all for my mothers revenge. Ive had this idea all these years. I was cheated many times when I worked outside, and my life and work were not very smooth. This society has no human feelings and no sense of trust between people.
Since I was deceived, I dont believe anyone, I only believe in money, because money is omnipotent. So I tried to make money, but my wages were low these years and I didnt make any money. Plus I have traveled many times, which is quite expensive. So I dont have much money on hand, and I usually tighten my belt.
In the matter of marrying a daughter-in-law, we have to spend 1.2 million yuan to marry a daughter-in-law locally. Because this society is too realistic, all family, love and friendship are based on money. One day during a quarrel, I said to my dad, My mom cant do this, revenge must be paid.
My dream is to have money to buy a car, to travel by myself and to go around. But now life is not good, and there is no hope of working. The next day I saw Wang Zixins third son, Wang Sanwa (Wang Zhengjun), back in my house. I was thinking that my mother was killed 22 years ago with a stick. And I havent seen Wang Sanwa for so many years. I think the chance of revenge is coming... If Wang Zixins family were willing to apologize to us these years, or if I had a good life, I was rich, married and had children, I would not have the tragedy of killing today.
For this series of evidence, Zhang Jiankou said in court, The public security set me up, said to chat with me, said it was not recorded in the transcript, and now it is recorded.
Is there any mental illness in the buckle?
Whether Zhang Deduction has mental disorders when committing a crime is a focus of the prosecution and defense.
With regard to Zhangs mental state, the prosecutor highlighted the testimony of 16 witnesses, the medical examination form for enlistment, the overseas labor contract, the medical examination records and photographs taken in the detention center, and the testimony of the medical examiner who entered the detention center, all confirming that Zhangs physical and mental health during his service, during his working period, was normal and there was no mental illness.
However, defense lawyers believe that whether Zhang Deduction has mental illness requires professional identification. There is no history of mental illness and no family history of mental illness. Some people have mental illness but do not go to the examination, does not mean that he did not.
Whether mental disorders exist at the time of committing a crime should be carried out by institutions and personnel with specialized judicial expertise qualifications, and not only by witness testimony or appellants performance after committing a crime and in this trial... The defense lawyer said.
The defender also submitted to the court the evidentiary materials of Zhenghui Scientific Evidence Center [2009 Consultation No. 5 Forensic Psychiatry Documentary Review Opinion issued by Beijing Zhenghui Scientific Evidence Consulting Service Center, which concluded that Zhang Deduction met the diagnostic criteria for paranoid personality disorder.
In the opinion of the procurator, expert opinions should be entrusted by the judicial organs, and the law firms have no right to entrust them. In terms of procedure, the three experts did not check Zhangs detention. They only relied on written evidence, which did not conform to the relevant norms, nor did they conform to the ordinary peoples judgment of medical experience. The opinion is neither evidence nor reference.
However, the defender believes that the reason why the judicial organs can not entrust is that the application for identification has been rejected, hoping that the court can make Zhang withholding for identification.
Defense attorney: death sentence may be suspended and commutation of sentence restricted according to law
During the court debate, the presiding judge let Zhang Keu defend himself. Zhang just said, Im avenging my mother. I didnt surrender because I didnt have money. I dont think I panicked the society.
Yin Qing used eight no words to protest against the courts judgment, which violated procedural justice. Why not give Zhang a chance to identify mental disorders? Twenty-three years ago, and eight cases related to him, the defence lawyers have not so far been transferred through the courts. Zhang has shown such indifference to death. After his death sentence was pronounced in the first instance, he did not show panic and anxiety. On the contrary, he still tried to run and exercise in the detention center, and read some famous works and books.
Deng Xueping believed that the case 23 years ago was the direct cause of the case, and the identification of mental disorders for Zhang Deduction was rejected by the court, which violated procedural justice. Zhang Deduction suffers from acute stress disorder and belongs to the limitation of criminal liability when committing a crime. At the same time, I hope that Zhangs revenge for his mother has its human and social foundation to be forgiven, and at the same time, he can be punished lightly as he is convicted. Zhangs withholding behavior does not belong to the situation that the crime is extremely serious and the death penalty must be executed immediately. According to the law, the death penalty can be sentenced and a two-year suspension of execution can be declared at the same time. Retain Zhang to detain ones life and limit his commutation of sentence so that he can spend the rest of his life in prison.
The procurator expressed his opinions on the reasons for appeal, defense viewpoints and hot issues of public opinion.
The prosecutors believe that evidence can be used to clarify the case 23 years ago, and Zhang detained the so-called crime of Wang Zhengjuns family is true or false. Twenty-three years ago, Zhang Jiankous mother was found to have been injured to death as a result of the mutually corroboration of six witnesses and other evidence. After consulting the case files, the conclusion is the same as the courts judgment. Zhang Keus so-called crime of Wang Zhengjuns family is inconsistent with the facts. In the opinion of the procurator, that is just a one-sided statement with no evidence. The so-called crime has been proved to be false. The procurator also gave evidence to prove that some statements were subjective assumptions of Zhang Deduction.
The prosecutor believed that Zhang detained his mothers death by injury was accurate in nature and improper in sentencing. Zhang Jiankou accused unfair trial as a shield to find a mitigation of crime. The basic reason for the killing motive is the psychological imbalance of long-term unsatisfactory work and life.
Source: Gu Ying_N6577, responsible editor of upstream news of Chongqing Morning Post