The People's Procuratorate of Zhengzhou Municipality v. Huang Xin
(Case of Murder)
BASIC FACTS
Public prosecution organ: the People's Procuratorate of Zhengzhou Municipality, Henan Province
Defendant Huangxin, male, 31 years old, employee, dwelling on Dongming Road, Zhengzhou Municipality, Henan Province, was under surveillance of residence on October 26, 1998, and was arrested on November 3 of the same year.
The People's Procuratorate of Zhengzhou Municipality, Henan Province filed a public prosecution with the Intermediate People's Court of Zhengzhou Municipality, Henan Province on February 1, 2001 against Huang Xin for the crime of murder.
It was indicted that: On the evening of October 23, 1998, Huang and his girlfriend, Liu Yan, were playing cards in Wang Sanmei's home, who come from the same village as Liu Yan. In the course of playing cards, Huang and Liu quarreled and returned to their abode of cohabitation together. Around 9 am of the following day, Huang left his abode. Around 10: 30, Li Zhuanyun, Liu Yan's father, found Liu Yan killed when going upstairs to check the telephone line. Upon the authentication by the coroner, Liu Yan was found to be strangled and her cervix was stabbed by a single-point bayonet, therefore died from mechanic asphyxia and hemorrhagic shock. She died at around 1 am in the morning of October 24, 1998. The public security organ, on the basis of an on-the-spot investigation and interrogation of Huang as well as according to the authentication as produced by the coroner on the death clock of Liu Yan, reached the conclusion that Huang was the only person on the spot when Liu Yan was killed. According to Huang's confession and the testimony of such witnesses as Liu Chuangyun, the conclusion of authentication, the transcripts of investigation into the crime scene as well as other relevant verifications, the public prosecution organ believed that, Huang unlawfully and intentionally killed Liu Yan, which has constituted a crime of murder.
Huang denied that he killed Liu Yan.
Huang argued that: The indictment of the public prosecution organ that Huang has constituted a crime of murder was merely based on the authentication conclusion on the time when Liu Yan died, which seriously went against the statutory standards for proof that “the evidences shall be accurate and sufficient.” In this case, Huang had no criminal motive to intentionally kill Liu Yan; the time when Liu Yan died as confirmed by the indictment is obviously inconsistent with Liu Yan's cadaveric characters in respect of cadaveric ecchymoses, conea, and pupilla as indicated in the criminal technical authentication. It was found that “a large number of sperms” were found within the body, whereas the sperms were not Huang's, which indicated that Liu Yan might be killed after Huang left and that Liu Yan's case may be a crime of rape-murder.
In the investigation of the court, the public prosecutor and defendant presented the relevant evidences for cross-examination:
| | 鄭州市人民檢察院訴黃新故意殺人案
公訴機關 河南省鄭州市人民檢察院
被告人 黃新。１９９８年１０月２６日被監視居住，同年１１月３日被逮捕。
被告人黃新故意殺人案，由河南省鄭州市人民檢察院于２００１年２月１日向河南省鄭州市中級人民法院提起公訴。
起訴書指控：１９９８年１０月２３日晚，被告人黃新與女友劉燕在與劉燕同村的王三梅家打牌。打牌過程中，黃、劉二人發生了口角，後兩人一同回到同居的住處。第二天早上９時許，黃新離開該住處。上午１０時３０分左右，劉燕父親劉轉運上樓查電話線時發現劉燕被害。經法醫鑒定：劉燕系被他人扼勒頸部並用單刃刺器刺傷左頸部致機械性窒息合並失血性休克而死亡，死亡時間約為１９９８年１０月２４日淩晨１時許。公安機關經過現場調查及訊問黃新，同時根據法醫對劉燕死亡時間的鑒定證實：劉燕被害的時間，只有黃新在場。根據黃新的供述、劉轉運等證人證言、鑒定結論、現場勘查筆錄，以及有關查證情況等證據，公訴機關認為，黃新故意非法剝奪他人生命，致劉燕死亡，其行為已構成故意殺人罪。
被告人黃新否認殺害劉燕。
被告人黃新的辯護人辯稱：公訴機關僅依據關于劉燕死亡時間的鑒定結論，指控被告人黃新構成故意殺人罪，嚴重不符合“證據應當確實充分”的法定證明標准。在本案中，黃新沒有故意殺害劉燕的犯罪動機；起訴書認定的劉燕死亡時間與刑事技術鑒定書記載的劉燕屍體的屍斑、角膜、瞳孔等屍體現象明顯不符；死者體內檢出了非黃新所留的“大量精子”，說明劉燕有可能是在黃新離開後被他人所害，劉燕被害一案應另行核實定性為強奸殺人案。
法庭調查中，控辯雙方對公訴機關提供的證據進行了質證：
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1. Huang's confession, testimony of such witnesses as Liu Zhuanyuan, Ren Sumian and Wang Sanmei as provided by the public prosecution organ as well as Huang's confession in court may prove that: One night before the crime, Huang and Liu had a quarrel in Wang Sammei's home. Around 9 am of the morning when the crime occurred, Huang left Liu Yan's home and had a conversation with Ren, Liu Yan's mother. Huang left to buy computer fittings for his sister. Around 10: 30 on that morning, Liu Zhuanyun found his daughter murdered.
Huang argued that he did not kill Liu Yan. From the night of 23rd to 9 am of the following morning, he stayed with Liu Yan all along and the latter was alive when he left. His advocate held that: The fact that Huang had a quarrel with Liu could not prove that Huang had a motive to kill Liu Yan.
| | １．公訴機關提供的被告人黃新的所有供述材料、劉轉運、任素勉、王三梅等證人證言以及黃新當庭供述可以證明：案發前一天晚上，黃新和劉燕在王三梅家打牌時發生了口角。案發當天上午９時許，黃新離開劉燕家，並與劉燕之母任素勉有過對話。黃新離開劉燕後幫其姐去買電腦配件。上午１０時３０分左右，劉轉運發現女兒劉燕被害死亡。
被告人黃新辯稱沒有殺害劉燕，自２３日晚至次日上午９時許，他和劉燕始終在一起，他離開時劉燕還活著。辯護人認為：黃新與劉燕發生口角之事，不能證明黃新具有殺害劉燕的動機。
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