Ma Jiajue trial judge Dao Wenbing is charged with intentional homicide

category:Hot
 Ma Jiajue trial judge Dao Wenbing is charged with intentional homicide


According to public information, Dao Wenbing has been engaged in judicial case handling in the first criminal trial division and trial supervision court of Kunming intermediate peoples court. He has successively served as deputy chief of Criminal Trial Division I of Kunming intermediate peoples court, deputy chief judge and judge of trial supervision division of Kunming intermediate peoples court.

Red Star News reporters read public information and learned that Dao Wenbing, a Hui nationality, was born in Kunming, Yunnan Province in July 1969. He graduated from the law department of Southwest University of political science and law in July 1991 and entered Kunming intermediate peoples court to engage in criminal trial.

According to the surging news report, in February 1998, Dao Wenbing participated in the trial of sun Xiaoguos rape, intentional injury and forced indecent assault on women; in 2019, Dao Wenbing was brought to justice after being involved in criminal syndicates and job-related crimes, and was prosecuted by Yuxi municipal procuratorate in June 2020.

According to upstream news reports, judge Dao Wenbing of Majiajue case was indicted for murder and other charges, and was removed from his post as a judge in June this year

In February 2019, Dao Wenbing participated in the activity as deputy director of the Executive Bureau of Kunming intermediate peoples court. Photo source: Kunming intermediate peoples Hospital

Upstream news reporters learned that Dao Wenbing, the defendant, once served as deputy director of the Executive Bureau of Kunming intermediate peoples Court of Yunnan Province, vice president of the trial supervision court, and a judge. He was also the chief judge of Ma Jiajues homicide case, which caused a sensation in China.

Upstream news reporters noted that on June 30, this year, on the day when the Yunnan Provincial Higher Peoples court made the decision to designate jurisdiction, the second plenary session of the 28th session of the Standing Committee of the 14th Kunming Municipal Peoples Congress voted on a number of personnel appointment and removal matters, including the removal of Dao Wenbing from the post of judge of Kunming intermediate peoples court.

Ma Jiajue incident

On February 23, 2004, in Dingxin campus of the school of foreign languages of Yunnan University, a student apartment gave off a strange smell. After searching, the dormitory administrator found that the cabinet in room 317 of building 6 was abnormal, and then called the police.

After police arrived at the scene, they found four male bodies in the cabinet. After investigation, the four male corpses were the students of biology department who were missing from Yunnan University at that time: yangkaihong, shaoruijie, Gongbo and tangxueli.

The suspect was directly targeted as Ma Jiajue, who had been missing for several days at that time. After that, he issued the highest level wanted order in the country, offering a reward of several hundred thousand yuan for clues.

On March 15, Ma Jiajue, who had been on the run for a month, was captured in Sanya. At this time, in order to hide peoples eyes, he mingled with vagabonds and rummaged in the garbage heap for food to make a living.

After being arrested, Ma Jiajue confessed to the murder. On June 17, 2004, Ma Jiajue was sentenced to death for intentional homicide and compensated each family member with 20000 yuan.

Ma Jiajue was born in an ordinary family in Binyang, Guangxi. Because of his poor family background, Ma Jiajue was the eldest in the family. He had three brothers and sisters under him. Although the grades were good, they all chose to drop out of school because of poor family. Ma Jiajues score was very good. In 2000, he was admitted to the biotechnology major of the school of biochemistry of Yunnan University. His parents pieced together the tuition and living expenses.

As the hope of the whole village, because there were no college students in the village at that time. It was such an example that he killed four people in Yunda dormitory in 2004, which caused a nationwide sensation of Ma Jiajue incident.

The four victims are Shao Ruijie, Tang Xueli, Gong Bo and Yang kaihong. As for why we should be cruel to kill the heart, the reason really is that people did not think. Because of the winter vacation in 2004, Ma Jiajue didnt go home because of working, so he stayed at school to stay. At that time, Shao Ruijie and Tang Xueli returned to school early, and then they played cards in the dormitory when they were bored.

However, when playing cards, Shao Ruijie suspected that Ma Jiajue cheated. Ma Jiajue argued. Shao Ruijie said: I didnt expect that you even played cards. You were so bad. No wonder Gong Bo didnt invite you on his birthday. It is because of this sentence that Ma Jiajues anger was aroused.

Because in Ma Jiajues opinion, Shao Ruijie is actually his best friend, and they are usually inseparable. Moreover, Ma Jiajue has no friends in school. Shao Ruijie is his best friend. I didnt expect that his good friend should look at him like this, so he killed his heart.

Originally, his plan was to kill Shao Ruijie and Gong Bo, because he thought Gong Bo looked down on him. But at that time, Tang Xueli was just sleeping in his dormitory, which hindered his killing plan, so he also killed him. As for Yang kaihong, at that time, he went to the dormitory to find someone. Ma Jiajue was afraid that things would come to light, so he also killed him.

But at that time, Ma Jiajues dormitory still had a person in it. Because the holiday was not over, not many people came back. And Lin Feng happened to be there, but he didnt hinder Ma Jiajue. In addition, Lin Feng once helped Ma Jiajue eat when he was ill. Maybe he read the kindness of this time, and Lin Feng escaped. The 317 dormitory of Yunnan University has been sealed up so far, and no one dares to live in it. The case of Ma Jiajue also reminds us constantly.

CCTV face to face: Interview with judge Dao Wenbing of Majiajue case [broadcast on June 12, 2004

---->A terrible name

Dao Wenbing: he doesnt belong to a very public and manic person. Hes not a very violent person

Swordsman: he destroyed himself and others

An unusual trial experience

Dao Wenbing: you must obey the law. If you violate the law, you are not a judge

Face to face interview with Dao Wenbing, chief judge of Majiajue case

Interpretation of the story behind the case

[profile

Dao Wenbing, a Hui nationality, was born in Kunming, Yunnan Province in July 1969.

Ma Jiajue, chief judge of intentional homicide.

He graduated from the law department of Southwest University of political science and law in July 1991 and entered Kunming intermediate peoples court to engage in criminal trial.

In January 2002, he was appointed Vice President of the first criminal trial court of Kunming intermediate peoples court.

On April 24, 2004, Ma Jiajue was sentenced to death and deprived of political rights for life. After the case, it has received great attention from the society. In order to understand the case and focus of public opinion, face to face reporter interviewed the trial judge Dao Wenbing in Kunming intermediate peoples court.

Reporter: do you have any special measures for such a case?

Dao: what kind of special measures do you mean?

Reporter: is there anything different from other cases in your attitude and preparation.

Dao: after we accepted this case, because after all, there are factors of concern in this case. We think that the case should be treated as an iron case, and the case should be tried well according to the standard of iron case.

Reporter: do you mean other cases can not be ironclad?

Dao: No, I mean, because of the special circumstances of this case. After all, it needs a more fair and objective statement to face the whole country, or even more people who are concerned about this case. It does not mean that we should pay attention to this case, and other cases do not. Our procedures and our work are actually the same.

Explanation: on February 23, 2004, four corpses were found in the dormitory 317, building 6, Dingxin student apartment, Yunnan University. All the dead were students of biotechnology, Grade 2000, School of life sciences, Yunnan University. Subsequently, the Ministry of Public Security issued a arrest warrant for class A, offering a reward of 200 thousand to Ma Jiajue, a criminal suspect.

Ma Jiajue and four of the dead were classmates. They lived in dormitory 317. They had disappeared before the crime. According to the bank video, before the disappearance, he used to withdraw money from the bank with the victims savings card.

From the very beginning, the case has attracted the attention of the whole society. There are all kinds of conjectures and discussions about Ma Jiajue, the motive of the crime, the means of implementation and the process of the crime.

Reporter: when you didnt take over the case, did you pay attention to it.

Dao: I should say I have paid attention to it. This concern is more from the media and news reports. It is about this aspect that we still know something about the early reports of Ma Jiajues case.

Reporter: what was the impression at that time?

Dao: there may be some evidence for locking him, but whether he did it or why he did it, there were still many doubts in the solid.

Reporter: when did you get involved in this case?

Dao: after the case was brought to our intermediate court, we intervened in this case on April 7th.

On March 15, Ma Jiajue was arrested in Sanya, Hainan. In the early morning of the 17th, he was taken back to Kunming. On April 7, the Kunming Municipal Peoples Procuratorate indicted Ma Jiajue for intentional homicide. The Kunming intermediate peoples court began to hear the case, and Dao Wenbing served as the chief judge.

Reporter: Why did you choose to judge this case?

Dao: since I joined the intermediate court in 1991, I have been working in the first instance Department of criminal justice. I have participated in the trial of some cases that may be local or have some influence. I may have some experience and accumulation in this respect. Therefore, at this time, the leaders of the court also think that I am competent for this work and can try this case well So I was sent to the trial, which was a pressure for me.

Reporter: what kind of pressure is there when you take over?

Dao: I think this case should be dealt with, because it has a high degree of concern. If this case is not handled well due to my negligence in the trial, or some problems that should be identified or identified, which lead to the case not being handled well, I may personally feel that I have a heavy responsibility and a great responsibility.

Reporter: it seems to ordinary people that although this case has a great impact, the case is not complicated. What are the difficulties?

Dao: as far as the facts of the case are concerned, there should be no more difficult problems. It may be that there may be more defenders involved in the whole process of the trial. He wants to protect the legitimate rights and interests of the accused. Maybe he has some problems or some procedural matters to the court. At this time, the court should also consider it Whether there are facts and legal basis, when we decide on this issue, I am afraid that it will have a certain impact on the conviction or sentencing of the defendant.

Reporter: is it necessary for ordinary people to see the sentencing?

Explanation: After accepting the case, Dao Wenbing began to get in touch with Ma Jiajue. And serving the prosecutors indictment in the detention house is the first time that he personally faced the defendant in this case.

Reporter: what was his first impression on you? Was there any difference between the first time you saw him and the one you imagined?

Dao: there is still a big difference, because in the early stage, the more intuitive photos of him published in the news reports and the wanted notices, and the vicious photos of him, seem to belong to that kind of person who is really hateful and heinous. However, after the case came to the court, when we contacted the defendant directly, we felt that he was still like a student, indeed, a student. He was also introverted. He was not a very aggressive and manic person, not a very violent one. He also knows how to contact and communicate with you in a polite way. He feels that the cultural quality of this person is not bad.

Reporter: is thinking clear and normal?

Dao: I think clearly. He should say that his logic is still relatively strong, and his mode of thinking is relatively normal. There will be no jumping in his thinking mode, which is contrary to ordinary people.

Explanation: after receiving the indictment, Ma Jiajue said that he refused to hire any lawyer, signed a written document and refused to hire a lawyer for his family to defend himself.

Reporter: but when you refuse to hire a lawyer, is this a normal behavior? Is it beyond your expectation?

Dao: This is no surprise. He did feel sorry for the victim and his family, and he refused to defend him because of his desire to die.

Reporter: I heard that during this period, his father asked himself to hire a lawyer?

Dao: Yes, after our court accepted the case, the defense lawyer entrusted by his father also came to our court for some understanding. At that time, Ma Jiajue himself, he refused to entrust any defender for him, including his family members. He doesnt care what kind of way these defenders take, whether its free or other things. We explained these things to this defender at that time. This is not that the court refuses your defender to defend him, it is his own will and does not ask you to defend him.

Reporter: finally, you appointed a lawyer to provide him with legal aid.

Dao: Yes.

Reporter: how to persuade Ma Jiajue to accept your lawyer?

Reporter: even if you entrust lawyers, what can you do?

Prosecutor: then why do you want to kill these friends?

Ma Jiajue: I cant think of it because of my anger.

Prosecutor: (because of) whats so angry that I cant think of it?

Ma Jiajue: I hate them after quarreling.

Explanation: according to Ma Jiajues confession, he had a quarrel with the victims Tang Xueli, Shao Ruijie and Yang kaihong in a card game, which led to the idea of killing people. In the quarrel, the other party mentioned that Gong Bo had not invited him on his birthday, so Gong Bo became the last victim in the case. Because of the incongruity of the trivial motive and the cruelty of the crime process, there are questions about Ma Jiajues mental state. During the trial of the case, the Kunming intermediate peoples court entrusted the judicial psychiatric appraisal institution to conduct a special mental appraisal on Ma Jiajue.

Reporter: can I think that motivation is a key factor in the trial of this case.

Dao: according to the theory of criminal law, his motive does not affect the constitution of the crime. His motive is just why he should commit the crime. Instead, he has some psychological subjective mentality and some psychological thoughts. In the existing criminal law system, as long as he is mentally normal, when he commits a crime, or when he commits a crime, he has complete responsibility ability, and can distinguish and distinguish the possible consequences of his acts. In this regard, his motivation does not affect the whole crime of his acts.

Reporter: but from the perspective of public opinion or general psychology, this kind of behavior should be beyond the scope of normal people.

Dao: Yes, I have. Since then, it should be said that, especially since the capture of Ma Jiajue, it had a public opinion orientation. Media reports may focus on this area. They report more about his psychological or mental status. There may be some problems. At that time, we did see some reports on this aspect.

Reporter: Yes, do you feel any abnormality in Ma Jiajue?

Dao: I dont think so. His mental state or his logical thinking, some views and understandings of the problem are no different from those of ordinary people. It is not like the previous media reports that he is extreme, or psychologically abnormal and distorted. His mental state has already had serious problems.

Reporter: there is also a saying that if there is no such voice of public opinion, Ma Jiajues spiritual identification will not be available.

Knife: I will do it. Because only his criminal subject qualification can be confirmed as that he has the full responsibility ability and should bear the criminal responsibility, in fact, the court will have significance in the trial.

Reporter: did you worry that Ma Jiajue was really mentally abnormal before deciding to do this psychiatric examination?

Dao: it has nothing to worry about for the court. Its normal. According to the law, how to deal with it? Its the same when hes normal. Anyway, the court is in accordance with the law.

Reporter: if Ma Jiajue really identified a problem, will there be different results?

Dao: he thought it was ridiculous. At that time, his first reaction was that I was very normal and there was no need to do it for me.

Reporter: but many people still dont understand why Ma Jiajue did such a thing.

Dao: after investigating and understanding some of his classmates and teachers around him, as well as in order to do his forensic psychiatric identification, we have a feeling. Ma Jiajue is introverted. He is introverted. He seldom communicates with others. He has many things in his heart. He cant get vent. Lets solve it No, many of his doubts or resentments could not be solved. The more he accumulated, the more his energy changed to a qualitative change, leading to the final result that on the day of playing cards, as a fuse, all of them broke out, and he was determined to kill the four students.

Reporter: it is certain that internal factors play a major role. Have external factors been taken into account?

Dao: judging from the existing evidence, there is no evidence to prove that, for example, the students discriminated against Ma Jiajue, or they often insulted and looked down on him. The court can only objectively reflect the legal facts proved by these evidences according to the collected evidence, that is to say, what the court finds should be a legally confirmed legal fact.

Reporter: but Ma Jiajue is from the countryside. Compared with many of his classmates, he may not be rich. He may have been discriminated against. These may also be an objective fact.

Explanation: After deciding to kill four people, Ma Jiajue bought tools, fake ID cards and train tickets to flee to other places. From February 13 to 15, 2004, Ma Jiajue killed four people in three days and four times, and hid their bodies in the closet of the dormitory, and then fled to other places.

Reporter: if it is inferred from innocence, can ma Jiajue kill four people by himself? Is there a third party?

Reporter: according to the evidence on the scene, there were seven bloodstains of Ma Jiajue, but Ma Jiajues confession has always denied that he had been injured.

Dao: because this crime scene is actually a place where Ma Jiajue has lived for nearly four years. There may be bloodstains on the scene because of other problems or other injuries. This should be said to be very normal. Another aspect is that (if) it is true that the bloodstain was left by Ma Jiajue. The evidence that there was ma Jiajues blood on the scene confirmed that Ma Jiajue was the defendant in this case.

Dao: this kind of plot will not affect. The only thing that can affect it is that if the bloodstain is not Ma Jiajues, but the blood of other students who have nothing to do with this case, this case may affect the determination of this case.

Reporter: when Ma Jiajue ran away, he took his mobile phone and other items from his classmates. According to his own confession, he threw it into Panlong River, but it has not been found. Cant this become a doubt?

Reporter: but he bought a hammer twice.

Dao: he did buy the hammer twice, but he confessed that after he bought it, he hid the hammer in a public restroom because he was afraid that it would be seen by other students in the dormitory and affect his crime. The next day, when he went to get ready to get the hammer, he found that the hammer was not there. Later, he went to the same place, in the same person (there), and bought the same hammer.

Reporter: can you be sure that the scar on the body of the dead is caused by the second hammer.

Dao: Yes. There is a blood mark identification of the corresponding public security organ. This blood mark identification has been confirmed. Although the defendant himself confessed that he cleaned the hammer after committing the crime, but after the public security organ took the hammer, there was a word on the hammer. In the groove of that word, the public security organ extracted some blood stains after investigation. After identification, the blood stain can be confirmed It is the bloodstain of Gong Bo, the last victim in this case, which proves that the hammer is indeed the murder weapon for killing the victim.

On April 22, 2004, the first instance of the Ma Jiajue case opened. On April 24, Dao Wenbing pronounced that the defendant Ma Jiajue was guilty of intentional homicide and sentenced to death and deprived of political rights for life.

Reporter: what are the standards and basis for sentencing?

Dao: the standard of sentencing is actually the criminal law. From the perspective of criminal law, Article 232 stipulates that intentional homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years. This provision confirms a problem. The first choice of sentencing period and sentencing range is death penalty for intentional homicide.

Reporter: from the perspective of the existing chain of evidence, is it complete enough to make the death sentence.

Dao: the evidence system of this case should be relatively complete. There is not enough evidence that may cause the defendant to overturn the case or other circumstances in the case, because other evidence has been excluded.

Reporter: after he was arrested, he admitted the fact of his crime and confessed. Will these be considered as a possible (lighter) factor.

Dao: this can certainly be considered as a plot, but this one is a discretionary one. In this case, Ma Jiajue, why did the court think that he had a good attitude to plead guilty, but he still did not consider it lightly. That is to say, he should be resolute in his intention to commit murder, and then he was very persistent. In order to kill people, he actively prepared some tools for committing crimes. According to his own planning, careful organization and division of time, he killed all four victims. Moreover, after the murder, before committing the crime, he actually prepared to escape the arrest of the public security organs. Before committing the crime, he bought the train tickets and other things, that is, he was ready to escape immediately after the crime and not leave them on the scene. In fact, all of these reflect that he is indeed a person who committed a very bad crime and caused serious consequences, so the court did not consider it. Because it is not a statutory circumstance that must be mitigated or mitigated, his attitude of confession is only a discretionary circumstance.

Explanation: with the announcement of the criminal judgment of the first instance, there is also the judgment of civil suit incidental to criminal proceedings in this case. Relatives of the victims, Tang Xueli, Shao Ruijie and Yang kaihong, claimed compensation for Ma Jiajue, totaling more than 820000 yuan. According to the verdict, the compensation for each of the three victims relatives was 20000 yuan.

Reporter: your judgment of 20000 yuan is too far from the claim of the family members?

Dao: Yes, as far as the victims are concerned, they feel that the death of one person at home does cause them great damage and loss in all aspects. They proposed 100000 or more. Maybe they think its not too much. After all, a life has disappeared, and the loss caused to them cant be measured by money. As for our judicial department, what you said is correct. Why cant our court judgment be organically combined with his request?

It is because of our existing legal basis that it considers more direct losses in this respect, the possible spiritual blows, these pains, and the losses caused by these factors can not be supported. As for our court, it is clearly stipulated in the law that this part will not be supported. Then we have no way to go beyond the provisions of the law and make a judgment that is more consistent with his claim. This is certainly unable to meet his requirements.

Reporter: Why did you make the compensation decision of 20000 yuan?

Dao: because according to the provisions of the Supreme Peoples Court on the scope of criminal procedure, it is very clear. It is only aimed at the scope of accepting cases with civil collateral to criminal cases, but only at the direct economic losses caused by the defendant to the victims, that is, the losses that must be paid and the losses that may be incurred in the future. This part is governed by the peoples law The court accepts the case in the criminal incidental civil and makes a judgment. They put forward that the compensation for mental damage obviously does not belong to it. It belongs to the nature of consolation. At the same time, he proposed other things, such as funeral expenses, loss of work expenses, transportation expenses, accommodation and travel expenses. Because their family members deal with the aftermath, the court must support these losses in accordance with the law. Therefore, the court, under this premise, gives him support The actual loss suffered by us was adjudicated.

Reporter: Ma Jiajue certainly has no compensation ability.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }The chief judge of Ma Jiajue case was charged with intentional homicide. This article is from Chengdu Commercial Daily, responsible editor: Zhang Zhongquan_ NB17813

The trial judge of Ma Jiajue case was charged with intentional homicide