Xiong Haishan, Feng Mingqi intentional injury

The actual case occurred in the case of the reality of the adapted. The court trial procedures to simulate the real process, according to the need to be simplified.

< > court scene and actors (15 people)

The trial court (the middle hanging emblem, solemn)

Trial (3 people: judge ___ Li Huibiao ____ judge: ____ Li Peng __    ___ Peng really ________)    

   The clerk seats (1 ___ Shi Wenjun _________)

The public prosecutor seats (2 ____ Lan Junwei _________  _____ Zhang Yi _____________)       

   The defender mats (2 _____ Pei Jie ________  ______ Wang Haipeng __________)

The plaintiff (1_____ Zhang Yi __________)                             

   The plaintiff agents (1 ____ Zhang He ________)

The defendant seats (2___ Xiong Haishan ________ ___ Feng Mingqi ____________)                 

    The witness (1 _____ Mick class _______)

The bailiff seats (2 ___ Wang Lei _________  _____ package Shaojun __________)

Clerk: now according to the "Criminal Procedure Law" of the people's Republic of China in 195th and the Supreme People's court, "on the implementation of (Criminal Procedure Law of the people's Republic of China) interpretation of several issues" the provisions of article 125th, the case prosecutors , parties, defenders to appear in court.

In order to maintain the discipline of the court trial, ensure smooth announce the rules of court.

1, minors under the age of 18 and the mentally ill are not allowed to enter the court.

All the staff of 2, so all listen to judge the unified command, to comply with the court order.

3, no noise, no applause, no smoking, no random walk, no questions asked.

4, the court asked people to answer the question, should automatically stand, answered the automatic sit.

5, no unauthorized recording, video recording, photography.

6, automatic closing communication tools.

7, the bailiff has the right to stop the behavior not to comply with the court order, do not listen to advice and stop forced out of the courtroom.

   Please the public prosecutor, the defender, plaintiffs of the supplementary civil action and the agents ad litem in court (inspectors, lawyers, plaintiffs and the agents ad litem.)

    "All rise, please the judge and court personnel into the court." (please judge, judge

   Report of the presiding judge, the two defendants on bail pending trial chamber, the public prosecutor, the defender and the participants to the court, the court is ready. Please judge hearing.

Judge: according to the "PRC Criminal Law" the 152nd paragraph 1, 180th, 181st, 182nd, 187th, the provisions of article 195th, Chengguan District of Lanzhou City People's court criminal trial chamber I to a public hearing by the Chengguan District of Lanzhou City People's Procuratorate prosecution accused Xiong Haishan, Feng Mingqi deliberately hurt case, the court is now in session. (Law hammer sounded) pass the defendant Xiong Haishan to appear in court (the defendant Xiong Haishan.)

The bailiff to defendant Xiong Haishan escorted to the dock. The bailiff back to the position at his stand, stand opposite.

Judge: the accused person to report your name to the court.

Xiong Haishan: the bear seamount.

Judge: there is no other name?

Xiong Haishan No.

Judge: date of birth?

The bear seamount: April 20, 1990.

Judge: what nationality?

Xiong Haishan: han.

Judge: where to come from?

Xiong Haishan: the Chengguan District of Lanzhou city.

Judge: born to where

Xiong Haishan: the Chengguan District of Lanzhou City

Judge: what degree?

Xiong Haishan: high school.

Judge: what occupation?

Xiong Haishan: students.

Judge: home address?

Xiong Haishan: the Chengguan District of Lanzhou City Democratic Road No. 161.

Judge: whether the criminal punishment?

Xiong Haishan No.

Judge: whether the administrative punishment?

Xiong Haishan No.

Judge: now for what arrest?

Xiong Haishan: intentional injury.

Judge: the specific time?

The bear seamount: December 18, 2006

Judge: Chengguan District of Lanzhou City People's Procuratorate indictment received no?

Xiong Haishan: yes.

Judge: when received?

The bear seamount: March 18, 2007.

Judge: defendant Feng Mingqi Court (bailiff brought Feng Mingqi to court)

The bailiff to defendant Feng Mingqi escorted to the dock. The bailiff back to the position at his stand, stand opposite.

The defendant report your name to the court.

Feng Mingqi Feng Mingqi

Judge: there is no other name?

Feng Mingqi No.

Judge: when born?

Feng Mingqi June 8, 1990.

Judge: what nationality

Chang Mei: han.

Judge: where to come from?

Feng Mingqi: the Chengguan District of Lanzhou city.

Judge: place of birth?

Feng Mingqi: the Anning District of Lanzhou city.

Judge: cultural level?

Feng Mingqi: high school.

Judge: what occupation?

Feng Mingqi: students.

Judge: home address?

Feng Mingqi: Lanzhou Silver City Road No. 95

Judge: whether the criminal punishment or administrative punishment?

Feng Mingqi No.

Judge: now why arrest?

Feng Mingqi: intentional injury.

Judge: the specific time?

Feng Mingqi December 18, 2006.

Judge: Chengguan District of Lanzhou City People's Procuratorate indictment you received?

Feng Mingqi: yes.

Judge: the time of receipt?

Feng Mingqi March 18, 2007.

Judge: plaintiff of the supplementary civil action to the court to answer your identity.

Zhang Yi: Zhang Yi, male, the Han nationality, May 17, 1991, students, live north star garden Lanzhou Anning District 1 Building 1 floor, No. 1

Judge: the plaintiff's agent to the court to answer your identity and authorization.

Zhang He: Zhang He, female, the Han nationality, 21 years old, a law professor at Northwest University For Nationalities, and the plaintiff Zhang Yi sister relationship, agency authority authorized agent.

Judge: Lanzhou Chengguan District People's Court of the first criminal court, according to the "Criminal Procedure Law of the people's Republic of China" 147th paragraph 1 paragraph 3 paragraph 6, 152nd of the 1 paragraph of article Seventy-eighth, compliance, bear the public trial today in Chengguan District of Lanzhou City People's Procuratorate prosecution of seamounts, Feng Mingqi deliberately hurt case, according to the "criminal procedural law" the regulation of the people's Republic of China article 154th, the court judge Li Huibiao to serve as the presiding judge, and judge Peng Zhen, Li Peng composition and the court clerk, Shi Wenjun served as the court records, the people's Procuratorate of Lanzhou City Chengguan District procurator Lan Junwei, Zhang Yi appears in court to support the public prosecution, and fulfill the responsibility of legal supervision. Sun lawyer Pei Jie for the defendant Xiong Haishan served as counsel, dedicated to lawyers for the accused Feng Mingqi Wang Haipeng served as counsel. According to "the people's Republic of China criminal litigation." thirty-second, thirty-third, seventy-seventh, 155th, 156th, 159th, 160th, 180th, twenty-eighth, twenty-ninth shall enjoy the following rights, the parties in the lawsuit.

Judge Peng Zhen: 1, the defendant in addition to entrust his defense, and the right to defend himself. 2, the original defendant presents evidence, apply new witnesses, collect new evidence, re identification, inspection rights. 3, in the forensic process, the plaintiff, defendant permission are asking, debate power. 4, the final statement of power. 5, the proposed power of incidental litigation. 6, court records have error, have to apply for correction of power. 7, the judges, the inspector has the right to apply for withdrawal. 8, such as the verdict of the first trial, the defendant or the plaintiff in the incidental civil action have appeal right; the victim has apply to the people's Procuratorate rights.

Judge: the accused Xiong Haishan, the above rights do you hear?

Xiong Haishan: listen.

Judge: whether to apply for withdrawal?

Xiong Haishan: don't apply for withdrawal.

Judge: the accused Feng Mingqi, the above rights can you hear me?

Feng Mingqi: listen.

Judge: whether to apply for withdrawal?

Feng Mingqi: don't apply for withdrawal.

Judge: whether the plaintiff to hear?

Zhang Yi: listen.

Judge: whether to apply for withdrawal?

Zhang Yi: don't apply for withdrawal.

Judge: agents ad litem, whether to apply for withdrawal?

Zhang He: don't apply for withdrawal.

Judge: Xiong Haishan's defenders, whether to apply for withdrawal?

Pei Jie: don't apply for withdrawal.

Judge: Feng Mingqi's defenders, whether to apply for withdrawal?

Wang Haipeng: don't apply for withdrawal.

Judge: according to the "Criminal Procedure Law of the people's Republic of China" forty-fifth paragraph 1, article 155th, party and the agent shall bear the following litigation obligations:

Judge Li Peng: 1, shall exercise their litigation rights; 2, shall state, answer questions truthfully; 3, incidental civil lawsuit agent to own or refute the fact in the proof; 4, shall not falsify evidence, hiding evidence or destruction of evidence; 5, should the legal obligations in accordance with the law to perform effective.

Judge: the accused Xiong Haishan, can you hear me?

Xiong Haishan: listen.

Judge: the accused Feng Mingqi, can you hear me?

Feng Mingqi: listen.

The judge: you hear me?

Zhang Yi: listen.

    < > court investigation -- read the indictment

Judge: now the court investigation, the existing state prosecutors read out the indictment.

Prosecution.

Chengguan District People's Procuratorate indictment

(2007) the city inspection procedure No. 19

Defendant: Xiong Haishan, male, the Han nationality, born in April 20, 1990, high school education, Lanzhou city people, living in the Chengguan District of Lanzhou City Democratic Road No. 161, the first secondary school students in Lanzhou city.

Defendant: Feng Mingqi, male, the Han nationality, born in June 8, 1990, high school education, Lanzhou City, Chengguan District of Lanzhou city in 95, the high school affiliated to Northwest Normal University students.

The two defendants suspected of intentional injury case, Public Security Bureau Chengguan District in February 24, 2007 transferred to our hospital investigation, prosecution, find out:

In late December 18, 2006 9, the defendant Xiong Haishan, Feng Mingqi from the heart of East Street, Chengguan District Internet bar out of love with Yan Xin name collision, fight occurred, at nine thirty, the two defendant bought a dagger, to revenge Yan Xin name. Find Yan Xin in the Internet bar the door, the two defendants Zhang Yi stop killing by the defendant stabbed, identified peritoneal and splenic laceration, belong to serious injury.

The facts mentioned above, there are relatives of victims to report, witness testimony, appraisal conclusion, the two defendant confession corroborated.

The opinion of this court, the defendant Xiong Haishan, Feng Mingqi Ruchao, knife hurt others body, their behavior has violated the "PRC Criminal Law" article 234Th, the criminal facts are clear, the evidence, basis "Criminal Procedure Law of the people's Republic of China" the 141st regulation, prosecution, please sentenced to.

    Yours sincerely

Chengguan District of Lanzhou City People's court

                                                                                                                                              Inspector: LAN drained

                                                                                                                                          March 18, 2007

  <--> interrogation court investigation stage

Judge: the accused Xiong Haishan, state prosecutors read the indictment do you hear?

Xiong Haishan: listen

Judge: the accused Feng Mingqi, state prosecutors read the indictment do you hear?

Feng Mingqi: listen

Judge: the plaintiff and the agents ad litem, read the civil petition.

Zhang Yi.                                 The complaint

Plaintiff: Zhang Yi, male, the Han nationality, born in May 17, 1991, students, Lanzhou City, living in the Chengguan District of Lanzhou City, the Democratic Road North Garden 1 Building 1 unit 1

Defendant: Xiong Haishan, male, the Han nationality, born in April 20, 1990, students, Lanzhou City, living in the Chengguan District of Lanzhou City Democratic Road No. 161

Defendant: Feng Mingqi, male, the Han nationality, born in June 8, 1990, students, Lanzhou, Chengguan District of Lanzhou city in 95

Requests:

Asked the defendant compensation for medical expenses 16000 yuan, 3000 yuan care, mental solatium 3000 yuan, total 22000 yuan.

The facts and reasons: December 18, 2006 night at nine thirty, the two defendants knife beat Yan Xin, I came to discourage was the defendant stabbed, injury for the peritoneal and splenic laceration, 30 days of hospitalization, medical expenses spent 16000 yuan, caused great mental pain, claim compensation for the above expenses.

    Yours sincerely

Chengguan District People's court

                                                                Like a person: Zhang Yi

                                                                                                                                          In 2007 January 20 day

Judge: the accused Xiong Haishan, the plaintiff, read the civil complaint heard not?

Xiong Haishan: listen.

Judge: the accused Feng Mingqi, the plaintiff, read the civil complaint heard not?

Feng Mingqi: listen.

Judge: and the defendant Feng Mingqi tract bullpen pending (defendant Feng Mingqi was brought out). Defendant Xiong Haishan, the indictment charged your crime is true?

Xiong Haishan: true.

Judge: the public prosecutor put questions to the accused.

The public prosecutor Zhang Yi: defendant Xiong Haishan, you and Feng Mingqi know?

Xiong Haishan: understanding, we were classmates in primary school.

The public prosecutor Zhang Yi: whether you know Zhang Yi?

Xiong Haishan: don't know, that day, Yan Xin who beat us, we went to Yan Xin Ming accounts, Zhang Yi to stop, then stabbed him.

The public prosecutor Zhang Yi: who is the knife?

Xiong Haishan: I bought a new knife.

The public prosecutor Zhang Yi: hurt Zhang Yi who first put forward?

Xiong Haishan: I see, I took the knife, Yan Xin name to run, we Zhang Yidang I chase Yan Xin Ming, said, don't hurt, I called Feng Mingqi: catch the kid, give him bleed "Feng Mingqi tore him, I stabbed him with a knife

The public prosecutor Zhang Yi: whether Zhang Yi has said hurt you?

Xiong Haishan: No, he just stopped us after Yan Xin

The public prosecutor Zhang Yi: you stabbed in what parts of Zhang Yi?

Xiong Haishan: stabbed in the abdomen

The public prosecutor Zhang Yi: report chief judge, asking questions is finished

Judge: agents ad litem shall have no supplementary questions?

Zhang He not yet.

Judge: defendant Xiong Haishan's lawyer can ask questions to the defendant

Pei Jie: Yan Xin name any fight with you, will you hurt?

Xiong Haishan: happened, Yan Xin's we beat, we want to find them

Pei Jie: you stabbed Zhang Yi several knife?

Xiong Haishan: I just stabbed him with a knife

Pei Jie: report chief judge, asking the end

Judge Peng Zhen: defendant Xiong Haishan, you stabbed Zhang Yi anywhere, who sent him to the hospital?

Xiong Haishan: stabbed his abdomen, see his blood fell to the ground, I will still run a knife on the way home, the price is patrol arrested, do not know who to send him to the hospital

Judge: and the bear seamount pending trial (with Xiong Haishan), Feng Mingqi (with Feng Mingqi), the court asks by the prosecutor to the defendant Feng Mingqi

The public prosecutor Zhang Yi: defendant Feng Mingqi, who is ready to murder weapon?

Feng Mingqi: is Xiong Haishan buy

The public prosecutor Zhang Yi: who was it hurt Zhang Yi?

Feng Mingqi: is the bear seamount. He shouted "catch that kid, give him bleed" I'm tearing Yan Xin, Zhang Yi, a block, Yan Xin running off, I thought they were a group of help frame, I'll rip him, Xiong Haishan stabbed him with a knife, he blood fell to the ground, the bear seamount a run, I am afraid, I will give the Internet bar boss 100 yuan of money, let him to the hospital, he ran home, parents who have blood, find out the truth, sent to the police station

The public prosecutor Zhang Yi: report chief judge, asking questions is finished

Judge: plaintiff of the supplementary civil action may question the defendant Feng Mingqi

Zhang Yi not yet.

Judge: agents ad litem shall have no questions?

Zhang He not yet.

Judge: defendant Feng Mingqi's lawyer to the defendant asked

Wang Haipeng: the defendant Feng Mingqi, tear you live the victim is Zhang Yi who let you tear?

Feng Mingqi: Xiong Haishan let me tear.

Wang Haipeng: you beat up the victim yet?

Feng Mingqi: no tear.

Wang Haipeng: you give Internet bar boss 100 yuan of money, is to let the boss will be the victim to the hospital?

Feng Mingqi you're quite right.

Wang Haipeng: report chief judge, ask after.

Judge: Xiong Haishan's defenders put questions to the accused.

Pei Jie: No.

Judge Li Peng: defendant Feng Mingqi, you to the police, are you willing to go?

Feng Mingqi: my father's criticism of my education, I think, was willing to go.

Judge: Please bailiffs to defendant Xiong Haishan brought to court. (marshals the defendant Xiong Haishan into the court)

Judge: prosecutors have no questions?

The public prosecutor Zhang Yi: No.

Judge: plaintiff of the supplementary civil action without asking?

Zhang Yi No.

Judge: agents ad litem shall have no questions?

Zhang He No.

Judge: Xiong Haishan's defenders have no questions?

Pei Jie No.

Judge: Feng Mingqi's defenders have no questions?

Wang Haipeng No.

 

Unfinished, to be continued.