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                                Why do -- asked Kay forensic psychiatry

   The concern of He Shengkai in Zunyi City Intermediate People's court "murder" case to trial of second instance, the focus of the most controversial case, should be the criminal responsibility of He Shengkai problem. Whether He Shengkai was suffering from a mental illness in the court of murder, whether criminal responsibility, is still a mystery.

   According to the court, this is the death penalty case. For cases involving the death penalty, in accordance with the provisions of evidence in death penalty cases, should first identify the criminal responsibility of the defendant, but the case the biggest controversy and doubt this is.

  According to the analysis of family and lawyer, He Shengkai understand, is likely to suffer from mental disorders. The reasons are as follows:

   1, before the incident, He Shengkai's mother, according to the local custom, to find the wizard as "evil son". This shows that, prior to the incident, he had shown a clear mental abnormality.

  In 2, He Shengkai was arrested, the investigation organ interrogating him "why murder"? He Shengkai said "the court before because judging my punishment to the crime of intentional injury, the court who wronged me, I was sentenced to two and a half years in prison, prison Zhong Zhuang, a year ago to put out. After coming out, I to anti graft Bureau, City Bureau of tort, the Municipal People's Congress, the Guizhou provincial Party committee, the provincial high court, the Supreme People's court, court, procuratorate, City Hall posting material reaction (video) the matter before the Olympic Games, I was the supreme court appeal court, after people changed the original material, to materials,Also to poison me, every day I face a life and death; also in this record, the investigators asked him "why kill the judge?" He Shengkai answered: "the last bottom line stick to the law and moral, irrefutable evidence of the wronged me, modify my judgment,Poison, on my girlfriend took all kinds of despicable means, I'm going to kill them, is really forced me no way out."The morning of October 18, 2009, the investigation organ to bring him to Zunyi City Intermediate People's court as the scene of the crime, the police asked He Shengkai" also kill people?" He Shengkai pointed to the court, where a judge. The police asked him "what position?" He Shengkai said "I wanted to kill the president", the police asked "and then, where do you go?" He Shengkai a "middle is the Dean, (people) stand too much, I saw them all ready, not possible, I rushed out." The police asked "you're rushed?" He Shengkai A. "rushed, does not". But in the case of material evidence, including the court of first instance verdict, are not mentioned at the time the president out, no mention of the court "(people) stand too much," Dean stood in the middle. Even in the field of victims and witnesses are not mentioned in the court, a lot of people standing in the middle, dean. This shows, He Shengkai stabs the guard and the bailiff in court brandished a knife, the brain may appear serious illusion.

   During 3, He Shengkai in 2006 to 2008 served, once wrote a diary. In the diary, he has expressed the decision to the Zunyi City Intermediate People's court dissatisfaction, on the other hand also sees itself as a save society, save the country people.

   4, the He Shengkai family said the one month before He Shengkai showed super normal suspicious and uncomfortable,The total suspected persecuted in secretly want to, want to stab herself, full of poison against yourself, even doubt is the National Security Bureau for.He did not dare to eat home cooked meals, did not dare to drink at home drinking water, buy instant noodles, ham sausage and special mineral water consumption, even if it is not assured, be assured to far away places to buy. Not only in the home so, sisters at home also is such. Better home jittery. He Shengkai has claimed he is given a trap, following him, tapping his communication.

   5, He Shengkai to a trial lawyer statement, some people break up his girlfriend before the event, the girlfriend to buy, stress, then broke up with girlfriend.He Shengkai also mentioned, once in the outside to eat meat after sexual function have been seriously affected, and even can not be normal sexual life, the same phenomenon also occurs after a drink Coffee outside, claims to have highly toxic substances released cannot detect.

   6, according to prison policemen said, He Shengkai in prison, withdrawn, basically do not communicate with others, thought more stubborn.

  7, He Shengkai only graduated from junior high school level, in May 3, 2009 before the crime, to Premier Wen Jiabao wrote a long letter "on the current situation and Countermeasures", written six papers, is all about "macro plan," between the lines "concerned". In September 15th the same year, in the month before the crime, he gave President Hu Jintao wrote a letter, he denounced the corruption of society in the letter. At the end of the letter, he even shouted "Caomin blood chen! Gan sprinkling a cavity blood! As the national industry, for the solution of the common people the world is difficult!".

   We analyze various abnormal behavior, He Shengkai, suspected medical "persecution mania". Medical textbooks define "psychotic delusion of persecution" of its pathological form:Believe in yourself, tracking, persecution, deception, slander poisoned or conspiracy treat, patients will often become extremely cautious and guard against everywhere, small insult may be amplified patient, become delusional core, often the people into their delusional world. At the same time, suffering from this disease patient always thinks that the individual man or gangs to prey on him, every day feel pain. Once he caught some extremely fragile facts as the deliberate murder of his evidence, the mood will gradually spread to his life, forcing him to make an absurd act, and even have the urge to kill.

   Persecution mania is paranoid mental illness, the people's court Publishing House of the "medical and psychiatric judicial authentication" a book for analysis and identification of patient behavior characteristics of hazards and criminal responsibility: 1, the perpetrators planned carefully; 2, clear objectives; 3, means cruel; 4, after committing the crime escape the hidden and so on, increasing the difficulty of detection; 5, does not involve the content of delusion, performance of integrity, good contact, such as normal, so it is easily mistaken for ordinary people. Therefore, people in these patients is indeed "is unable to recognize or control their behavior" question, even some people mistakenly believe that is an intentional crime. Patients with paranoid psychosis in crime, though not understanding the consequences of their actions, but the problem is the motive is the direct influence for pathological delusional or thinking disorder, lost to objective things correctly identify ability, thus forming motive and purpose, their behavior be dominated by pathological spirit activities, the crime behavior of planned and premeditated, it is their delusions that performance, therefore is essentially lost the ability to identify, should be evaluated as no responsibility.

   In accordance with the provisions of "criminal law" article eighteenth, mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility. Mental patient who has not completely lost the ability to recognize or control his own conduct crime, shall bear criminal responsibility, but may be given a lighter or mitigated punishment.

   "For death penalty cases reviewed to determine the provisions of the fourth paragraph of" fifth evidence problems, handling death penalty cases, proven ability to criminal liability of the defendant, must achieve the evidence really, fully. But the court of first instance criminal responsibility of the proof of He Shengkai, in addition to logical reasoning on the outside surface, no evidence is sufficient and.

   On the problem of the spirit of He Shengkai, a trial attorney for judicial authentication, but the court of first instance to the defendant Shengkai "where in the public security organs of the previous statement of natural smooth, in the trial in the normal mental state, answer to the point, without any abnormal situation. Therefore, the defendant He Shengkai and defender for forensic psychiatry to He Shengkai's opinion, the lack of evidence to support, the hospital does not be adopted.".

  The second trial lawyer again put forward judicial appraisal application, all the signs are that, and there may be refused.

  We think, whether a person suffering from mental illness, not only from the appearance of subjective identification. Mental illness is a professional medical problems, can have a variety of forms and pathogenic factors, in addition to genetically influenced, but also by the social and psychological impact. Can not be identified by the judicial personnel without medical knowledge, but by professional accreditation body identification personnel through a comprehensive inspection of make a diagnosis. Although the pathological symptoms He Shengkai looks not crazy, but his words and deeds is different from ordinary people is obviously. Only according to the surface status of He Shengkai, only in two was not familiar with He Shengkai's testimony, make its without mental illness that, this conclusion completely unreliable.

   The criminal liability of persons with mental disorders assessment outline the members of the project group, Wuxi mental health center director Dr. Liu Xiwei Professor, see material relevant to the He Shengkai case, puts forward the definition and judgment of ten big reasons He Shengkai suffered from mental illness.

  West China Hospital of Sichuan University professor Liu Xiehe (who presided over the drafting of "mental health law"), in the "Zhaohuo mental patients why not kill" one article (see September 9, 2010 "Southern Weekend" version of the A2) called "involved in some mental patients accident case, the parties are not a problem, great differences are often between professionals and non professionals. - that the mental patient cannot or should not be normal behavior, such as escape hunting after the murder, the interrogation process can be consistent before and after the confession, the trial to answer questions relevant, clear thinking, not the spirit of the anomalous behaviour of discovery, this is the wrong understanding of the concept of mental patients."

   We know, Guangdong Province, Chaozhou City Intermediate People's court in the trial of the "madman" Liu Bao and major murder case, the judges found abnormal phenomenon after Liu Baohe, in order to be prudent, avoid erroneous judgment without the defendant of criminal responsibility, take the initiative to send the defendant to do forensic psychiatry. In such a case, the higher people's Court of Guizhou also had. March 23, 1996, the defendant had in Germany and his girlfriend back home in Guizhou to visit their parents on the way, no doubt the key his girlfriend, girlfriend hands card neck, iron pipes blow girlfriend head and knife blade girlfriend's neck, died on the spot to his girlfriend, then held with daughter hostage resist arrest. After the incident, their families and lawyers were not for mental illness had German judicial identification, the original Zunyi intermediate court sentenced the death penalty had germany. In the second period of appeal, the judges have repeatedly argued from the defendant is found suspicious anomalous excuse of colluding with others against their victims to kill his girlfriend, authority decided to entrust the authority of once Germany psychiatric expertise. Finally find out once Germany in the mentally ill, and in the onset of the disease state, no criminal responsibility. In July 18, 1996, Guizhou province high court to revoke the decision, declaring had Germany not bear criminal responsibility, shall be ordered to Kam and protecting people to keep a strict eye on the case and medical (see, Chinese senior judge training center, Renmin University of China School of law for "Chinese case judgment summary <1997>", Renmin University of China press, 1998 edition, the the 58-61 page). If the high court of Guizhou Province, not authority decided the request appraisal, it will cause wrong to kill the mental patient had severe consequences of germany.

   We noticed, He Shengkai "murder" case occurred in the court system, the Supreme People's court case attracted the attention. Take the "murder" case, the people's court should remain objective, rational, prudent attitude. In view of the fact that there are many abnormal phenomena of He Shengkai spirit, and a second trial, defense attorneys provide evidence, the high court of Guizhou Province, as well as the trial had German homicide, authority startup psychiatric judicial authentication procedure.

   We are concerned, this is the death penalty case, defendant He Shengkai and the aforementioned anomalous behavior, such as not to psychosis, do not see his crime, state of mind, he will be regarded as normal man on trial, is likely to cause serious consequences killing. So, the law of mental patients special protection provisions, equal to nominal, kill the wrong mental patients, and the rule of law spirit is to draw further apart.

   We think, a fair, justice, justice, harmonious society, protect the legitimate rights and interests of special groups including mental patients, is the proper meaning, kill, kill only increase hostility and implanted hatred, harm and no benefit.

    From the stage of criminal investigation, lawyers started why Sheng Kai for identification of mental diseases. Today is the appeal trial stage, the defender continues to apply for judicial identification. In addition to lawyers for the He Shengkai family, and psychiatric experts are calling for the. Asking, start a judicial authentication procedure to the defendant a likely suffering from mental illness, why so difficult? Do not give forensic psychiatric resistance is exactly come from where?

   Here, we solemnly to the Guizhou Provincial Higher People's Court of appeal, asking why Shengkai do psychiatric expertise, to ensure the fairness and justice of judicial procedure.

                                          On the trial of the case: He Shengkai defense lawyers Liu Xiaoyuan, Li Fangping

                                                          November 20, 2010

With 1:9 15, submitted to the Guizhou Provincial Higher People's Court of criminal responsibility assessment "application"Http://blog.sina.com.cn/s/blog_49daf0ea0100lapp.html

A report of 2:Why do family members called for Kay psychiatric expertise

A report of 3:Experts call for why Shengkai do psychiatric expertise

A report of 4:The death of suspected "persecution Mania", why not to do the judicial identification...

A report of 5:Please Spare him

A report of 6:Why He Shengkai was sentenced to death?

A report of 7:"Oriental Outlook Weekly" reportsHttp://blog.sina.com.cn/s/blog_49daf0ea0100frko.html