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The second trial of a homicide case triggered by the intensification of marriage and family conflicts! Prosecutor Yang Chunlei performs his duties according to law

Release time: December 20, 2019

18 日,陕西省高级人民法院二审公开开庭审理上诉人刘某某故意杀人一案。 On December 18 , the second instance of Shaanxi Provincial Higher People's Court opened a trial to hear the appellant Liu Moumou's intentional homicide. Yang Chunlei, the Prosecutor and Second Prosecutor of the Shaanxi Provincial People's Procuratorate, served as the presiding judge. Li Zhi, the president of the Shaanxi Provincial People's Court and the second judge, served as the presiding judge. Defense attorney). Some police officers of the criminal prosecution department of the People's Procuratorate of Shaanxi Province, the original public prosecution department of the first instance and the investigating staff of the original investigative organs attended the trial.

Shaanxi Provincial People's Procuratorate appointed prosecutor Yang Chunlei, post prosecutor Wang Yang, and prosecutor assistant Wang Yujie to form the team

Main case

8 29 日,西安市中级人民法院一审判决认定,被告人刘某某与被害人成某某(殁年 35 岁)经常因为经济问题等家庭琐事发生纠纷。 On August 29 , 2019 , the Xi'an Intermediate People's Court decided in the first instance that the defendant Liu Moumou and the victim Cheng Moumou ( 35 years old the next year) often had disputes over family matters such as economic problems. 6 8 1 30 分许,刘某某与成某某因感情纠纷在租住地发生争吵、厮打。 At 1:30 on June 8 , 2018 , Liu Moumou and Cheng Moumou quarreled and beaten in the rented place because of emotional disputes. Liu Moumou chopped Cheng Moumou's head, face, neck and shoulders, causing Cheng Moumou to die, and sentenced the defendant Liu Moumou to death for intentional homicide, depriving him of political rights for life. Mr. Liu refused to accept and appealed to Shaanxi Higher People's Court.

Duty Process

讨论 Scoring discussion

1 日,该案轮案至陕西省人民检察院第二检察部杨春雷检察长办案组后,作为案件主办人,杨春雷检察长第一时间审阅了全部案卷材料及讯问同步录音录像。 On November 1 , after the case was rounded to the Prosecutor's Office of the Second Prosecutor's Office of the Shaanxi Provincial People's Procuratorate, Yang Chunlei's Prosecutor's Office, as the case's sponsor, Prosecutor Yang Chunlei reviewed all the file materials and interrogation recordings.

27 日,杨春雷检察长与办案组成员召开案件研讨会,就主要案情、上诉理由及案件焦点进行了充分、细致地讨论,为秉承客观公正理念,全面审查案件,准确理解和把握“保留死刑,严格控制和慎重适用死刑”的死刑政策,围绕案件前因事实、上诉人刑事责任能力、瑕疵证据等本案在三个方面存在的十个具体问题,拟定、制发了补查提纲,明确了补查方向,提出了具体补查要求。 On November 27th , Procurator Yang Chunlei held a case seminar with members of the case handling team to discuss the main case, the reasons for the appeal, and the focus of the case fully and carefully. In order to uphold the objective and fair concept, comprehensively review the case, accurately understand and grasp " The death penalty policy of retaining the death penalty, strictly controlling and carefully applying the death penalty is based on ten specific problems in three aspects of the case, including facts, the appellant's criminal responsibility ability, and flawed evidence. The direction of re-examination was clarified, and specific re-examination requirements were put forward.

Forum

5 日,杨春雷检察长与原一审公诉部门、原侦查机关办案人员召开了面对面的案件座谈会。 On December 5th , Attorney General Yang Chunlei held a face-to-face case discussion with the public prosecution department of the first instance and the investigating staff of the original investigation organ. The investigating staff of the original investigating agency reported the progress of the re-examination. Focusing on the re-examination issues, the prosecutor Yang Chunlei explained in detail the reasons for the re-examination, the direction of the re-examination, the requirements of the re-examination, and the evidence obtained during the investigation of the case. The incomplete issue put forward opinions and suggestions on the improvement of future work to the original investigative agency.

Petition

5 日,杨春雷检察长赴鄠邑区看守所提审了上诉人刘某某。 On December 5 , Attorney General Yang Chunlei went to the detention center in Huiyi District to bring the appellant Liu Moumou to trial. Based on the discussions and the review, the outline of interrogation, outline of proof and cross-examination, outline of defense, opinion of the prosecutor in court, etc. were further developed and revised.

Attend a pre-court meeting

13 日,陕西省人民检察院办案组成员赴陕西省高级人民法院参加案件庭前会议,检辩双方围绕审判员检察人员的回避、非法证据排除等程序性问题以及上诉人刑事责任能力问题发表了意见,陕西省人民检察院对二审期间补查情况进行了证据开示。 On December 13 , members of the case-handling group of the People's Procuratorate of Shaanxi Province went to the Shaanxi Provincial High People's Court to attend a pre-court meeting of the case. In response to the opinion, the People's Procuratorate of Shaanxi Province provided evidence on the re-examination during the second trial.

Attend the court of second instance

18 日,杨春雷检察长依法出庭履行职务。 On December 18 , Attorney General Yang Chunlei appeared in court to perform his duties. During the trial, the prosecutor and the defendant fully demonstrated the facts of the case, and launched a fierce court debate on whether the victim was at fault, the level of responsibility of the victim, whether he had surrendered himself and the focus of the dispute.

Yang Chunlei issued a court opinion on behalf of the procuratorial organs, pointing out that the appellant Liu Moumou in this case could not properly handle the marriage and family conflicts, and the murder of his wife by a weapon was an intentional homicide, and should be severely punished according to law. In view of the intensification of the conflict between marriage and family, the victim has a certain responsibility for the intensification of the conflict. It is suggested that the court of second instance should review the facts, nature, circumstances, consequences of the case, and related judicial interpretations and the death penalty policy.

After the collegiate panel has reviewed the case, the case will be sentenced.

编辑:王瑾) (Contributed by the Second Procuratorate of Shaanxi Provincial People's Procuratorate : Wang Jin)



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