Urumqi Railway Transportation Intermediate Court

                    Punishment Things Sentenced Summary The book    

                             (2006) the penalty to at the beginning of the word no. first

    The prosecutor in the Xinjiang Uygur Autonomous Region people's Procuratorate of Urumqi railway transport branch.

   The defendant Zhang Zhejiang, male, born in January 29, 1964 in Xinjiang Shanshan County, the Han nationality, culture of junior high school degree, before catching Department of Urumqi Railway Bureau of Shanshan Train Operation Depot thirteen room station attendant, live in Shanshan railway area 3 Street 9. The Xinjiang Uygur Autonomous Region is now the first prison.

   Defender: Zhao Lei, lawyer of Xinjiang Vanward.

   The Xinjiang Uygur Autonomous Region people's Procuratorate of Urumqi Railway Branch in order to (97). The new branch of criminal procedure No. sixth the indictment accused defendant Zhang Zhejiang guilty of intentional homicide, in 1997 year in April 30, the prosecution. The court after the trial in May 29th of the same year (1997) to the early penalty No. seventh criminal verdict, the defendant Zhang Zhejiang guilty of intentional homicide sentenced to death, suspended for two years, deprived of political rights for life. After the sentencing the defendant Zhang Zhejiang not appealed, the the Xinjiang Uygur Autonomous Region Higher People's court to (1997) the new criminal nuclear No. fifty-eighth criminal rulings, approved by Zhang Zhejiang's intentional homicide sentenced to death, suspended for two years, deprived of political rights for life sentence. The decision takes legal effect, the defendant Zhang Zhejiang the commit manslaughter on the grounds of insufficient evidence on the grounds that, to appeal to the Supreme People's court. The Supreme People's Court on November 7, 2005 to make decision of punishment (2003). Ninetieth - 2 retrial, command the the Xinjiang Uygur Autonomous Region Higher People's court retrial. The the Xinjiang Uygur Autonomous Region Higher People's Court on August 3, 2006 to make (2005) No. fourteenth new criminal and criminal rulings, the revocation of Urumqi Railway Transportation Intermediate Court (1997) the early penalty No. seventh criminal judgments and the the Xinjiang Uygur Autonomous Region Higher People's Court (1997) new criminal nuclear No. fifty-eighth criminal adjudication, back to the Urumqi Railway Transportation Intermediate Court to trial. This court formed a collegiate bench, on the case, the case was heard in public, the the Xinjiang Uygur Autonomous Region people's Procuratorate of Urumqi Railway Branch sent prosecutor Parr, to perform their duties, the defendant Zhang Zhejiang and defender Zhao Lei to take part in the proceedings. Now the end of the trial.

    The judgement that: in June 17, 1996, Zhang Zhejiang of the accused person due to the unfinished victim Tian Ruixuan (the original thirteen room station stationmaster) layout report table. Tian Zhang to assess (i.e., detain bonus), Zhang Zhejiang this is Tian dissatisfaction, revenge. June 18th morning 4 when make, Zhang Zhejiang of the accused person after the night shift, from the operating room after picking up a length of about 30cm bolts not at the back, go to the webmaster break room door to "water pipe are migrant workers stole" as an excuse to deceive Tian Tian, Amtran quarters, while it does not pick up the Tian Su she hammers slam Tian Cerebral Parietal occipital, Tian immediately fell tumbling, Zhang also raised the hammer in the field of head and body hit number, Taiwan cement will hammer placed of the kitchen, and carry out the bolt head and body toward the field to continue the fight against. After Zhang went to the dormitory room, from the electric stove pulled wires, two wrist will wire were tied to the land, and take down the electric wire flashboard through after power on, it will house a bucket of water came into the kitchen, wash basin will water spilled to the ground, the bucket overturned in the kitchen, close the door and fled the scene.

   The original on the basis of evidence, witness testimony, confession of defendant, extraction tools videos, on-the-spot examination transcripts, forensic identification, technical identification, criminal science put dirty notes, think really fully defendant Zhang Zhejiang criminal facts are clear, the evidence is found. The judgment that the defendant Zhang Zhejiang no law, because of the conflict, work station leadership at trifles and murder, and the means and cruel, if the circumstances are especially serious, their behavior has violated the criminal law constitute the crime of intentional homicide, because after the crime to surrender themselves, can be punished more leniently. The original judgment according to the "PRC Criminal Law" the 132nd regulation, to the defendant Zhang Zhejiang guilty of intentional homicide, sentenced to death, suspended for two years, deprived of political rights for life.

   The defendant Zhang Zhejiang accused of intentional homicide court denied, argued that, "I did not kill the time and motivation, I have to go to the police, my confession is caused by torture to extract confessions". The defense argued that: 1, Zhang Zhejiang's statement is torture to extract confessions, Yougong formation; 2, scene investigation transcripts and technical appraisal of criminal all scientific conclusion, no one can confirm that the murderer is Zhang Zhejiang; 3, there are a lot of witness testimony is not into the volume. At the same time the defense party provides the following evidence in court:

   In June 27, 1996 1, Zhang Zhejiang personally written "after", finally tail "above record and I said the same thing". The proof of the "after" is written by Zhang Zhejiang, and then copying others.   

    2, Zhang Zhejiang and Lv Zhigang have a few statement and notes there are many facts and common after. That investigators were torture and inducement of two people.

   In June 25, 1996 3, eleven thirty-five "identification record" and "June 25, 1996 fourteen twenty extraction tools record", that there are two hammer tools.

   4, criminal science and technology to identify the book (96) Gong Xing Jian Zi No. 1731st, prove: Hammer extraction Zhang Zhejiang clothing and septic tank in the "human blood detected reaction no detection of A type material". The defender on the basis of the technical appraisal that the case is not what Zhang Zhejiang is.

    5, criminal science and technology to identify the book (1996) public punishment. No. seventy-fourth, that: "a cigarette end detection of type A secretion and O type or non secretor type". Zhang Zhejiang's blood type for B. The defender believes the evidence that Zhang Zhejiang had not come to the scene.

    6, criminal science and technology to identify the book (1996) Gong Xing Jian Zi No. 1738th. Proof: "Tian Ruixuan was killed at the scene to extract the blood on the doorposts fingerprints do not have the test conditions, the sweat fingerprint is not what Zhang Zhejiang left". The defense argued that: This is not what Zhang Zhejiang left, Tian Ruixuan was lying on the ground, this will be the murderer is left.

     7, 1996 year in June 25th 4:00 am to 4:30 Zhang Zhejiang remain on train, the materials show the first confession record is zero zero in June 25, 1996, Zhang Zhejiang signed the time in June 27, 1996. To prove this statement notes belong to forge, not true.

    The prosecution didn't provide new evidence to the court, the defendant and the defense counsel opinions and evidence, the prosecution reply as follows:

    1, the first evidence of the public security organ in June 25th at five forty-five in the morning branch formed transcripts, a defendant Zhang Zhejiang signature, is objectively true, comply with the procedure of obtaining evidence. There is no evidence that this record production is illegal.

     2, second copies of evidence we not to sue Lv Zhigang, today the court no investigation Lv Zhigang, so the evidence and the case without relevance.

     3, third copies of evidence because of extraction tools video, can prove to be a slip of the pen.

    4, fourth copies of the legitimacy of the evidence and conclusions have no objection, not to the evidence that Zhang Zhejiang with the case without relevance.

    5, fifth copies of evidence, criminal identification of science and Technology (1996) No. seventy-fourth public punishment. Proof: "send cigarettes detection of type A secretion and O type or non secretor type". Zhang Zhejiang's blood type is B, there is no objection

    6, sixth copies of evidence, technical appraisal of Criminal Science (1996) Gong Xing Jian Zi No. 1738th. Proof: "Tian Ruixuan was killed at the scene to extract the blood on the doorposts fingerprints do not have the test conditions, the sweat fingerprint is not what Zhang Zhejiang left". Have no objection to the evidence itself, but for Zhang Zhejiang had not come to the scene of the crime objection.

    7, seventh copies of evidence as before, there is no evidence that this record production is illegal.

    Is a torture to extract confessions, inducement on the formation of the defendant and defender of the case record, that the prosecution of the case is Zhang Zhejiang to surrender, there is no torture to extract confessions. The defendant and the defendant have no evidence of torture to extract confessions, therefore the grounds for the appeal of Zhang Zhejiang is not tenable.

    The retrial found: June 18, 1996 5 am - 7 pm, the victim Tian Ruixuan being killed in their dormitory. The causes of death were: severe craniocerebral injury, hurt by the murder weapon is above two kinds, one is about 3.0cm in diameter, circular hard for a heavy blunt, with semicircular or umbellate section of hard blunt. The Tian Ruixuan type A. Suspect Zhang Zhejiang type B. The suspect Zhang Zhejiang identified, Conghua tank extraction tools hammer a. After inspection, hammer detected in human blood, but not detected substance. The suspect Zhang Zhejiang brown jacket, trousers were not detected bleeding reaction, white shirt left chest light brown spot were detected in human blood, no detection of A type material. The public security organs in the Tian Ruixuan killing scene of the blood on the doorposts fingerprints do not have the test conditions, the sweat fingerprint is not a Zhejiang left. Field collected cigarette butts by checking, for the type A secretion and O type or non secretor type.

   The above facts have on-site inspection transcripts, the Ministry of public security of Urumqi Railway Police Department forensic medical books, the people's Republic of China (96) and punishment in No. 1737th, (96) No. 1738th public punishment in criminal identification of science and technology books, the Xinjiang Uygur Autonomous Region Public Security Bureau (1996) public punishment. No. sixty-sixth criminal science and technology to identify the book, (1996) the criminal technology No. seventy-fourth criminal identification of science and technology books to be confirmed, both parties have no objections to the above facts and evidence itself, but to demonstrate that the problem did not agree.

    This house believes that: that Zhang Zhejiang committed the crime of intentional homicide, the lack of direct evidence, the evidence against Zhang Zhejiang - crime is not a chain of evidence, according to the survey, the trial record material and evidence obtained reflect, on-site inspection transcripts, criminal science and technology appraisal conclusion can not point to Zhang Zhejiang is the case. The original criterion to identify the three reasons Zhang Zhejiang committed intentional homicide: one is Zhang Zhejiang's surrender. Zhang Zhejiang excuse "I am responding police call to expose others", but was forced to take measures, I didn't go to surrender. The two is Zhang Zhejiang's confession. The court Zhang Zhejiang has a confession, the excuse is torture to extract confessions. Three is the extraction tool hammer. Extraction of the hammer though detected in human blood reflect, but no detectable substance, therefore unable to determine this hammer is the case tools. According to the existing evidence can not prove the defendant Zhang Zhejiang killed Tian Ruixuan direct, concrete. On the basis of "Criminal Procedure Law" of the people's Republic of China article 162nd (three), the Supreme People's court "about some problems in the implementation of the criminal procedure law of the people's Republic of China" the interpretation of article 176th (four) the provisions of item, the decision as follows:

    A,The defendant Zhang Zhejiang is innocent.

    Any party who refuses to accept the decision, the verdict may be received within ten days of second days, the hospital or directly to the the Xinjiang Uygur Autonomous Region Higher People's Court of appeal. A written appeal, it shall submit a copy of the appeal, two copies.

                               The trialSentencedLong Yang Chunhai

                               The trialSentencedMember Zheng Guangqing

                               The trialSentencedMember Hashall

                               Two 00 seven years in March 29th

                                The bookNoteMember LiuLi