A seven-year-old girl witnessed her mother's murder! Ms. Gu, a 35-year-old woman from Nanchong, lives alone with her daughter after divorce and runs a nail salon. At a friend's party, Ms. Gu met a man named Qujiang. After getting along for a period of time, the two sides developed into boyfriend and girlfriend. At first, Ms. Gu thought that she had found someone to rely on for life. After a long time, Ms. Gu found that Qujiang was addicted to gambling, so long as she had some money in her hand, she would gamble. Qujiang asked Ms. Gu for money. At first she said "borrow", but later she became stubborn. What makes Ms. Gu unacceptable is that Qujiang said that she is single. In fact, she has been married for a long time without divorce and has children.
After Ms. Gu proposed to break up, Qujiang disagreed. He has been pestering and harassing Ms. Li, so Ms. Gu repeatedly called the police for help. A few days before the incident, Qujiang was forcibly summoned by the police for harassing Ms. Gu and found a knife from her. Ms. Gu was afraid that Qujiang would hurt herself and her daughter again after being punished, and was forced to choose an understanding of Qujiang, so the police released her without punishment.
At about 5: 00 am on June 2, 2020, Qujiang opened Ms. Gu's door with the stolen key, sneaked into the room, slashed her abdomen with a kitchen knife for more than a dozen times, and then took out a sharp knife and stabbed her dozens of times, causing Ms. Gu to die on the spot. Throughout the crime, Ms. Gu's daughter under 8 years old was on the scene and witnessed the killing process. It was not until Qujiang escaped that the little girl asked her neighbors for help.
Second, the court's first-instance judgment: Before the first-instance judgment, Nanchong Intermediate People's Court organized a meeting between Qujiang's family and Ms. Gu's family on civil compensation. Qujiang's sister expressed the hope that the two sides could reach a criminal settlement agreement and let her brother live. She was willing to pay 60,000 yuan as compensation. The relatives of the deceased disagreed. Ms. Gu's father said, can I stab that man 57 times with that knife for 600 thousand yuan? In the end, the two sides failed to reach an agreement.
Nanchong Intermediate People's Court made a judgment after the trial, and the defendant Qujiang was convicted of the crime of provocation and intentional homicide, and sentenced to death, with a two-year suspension of execution and limited commutation. At the same time, Qujiang was sentenced to compensate the family members of the deceased for the funeral expenses of more than 760,000 yuan.
Three. Reasons for the withdrawal of Nanchong City Procuratorate: The relatives of the deceased refused to accept the judgment of Nanchong City Intermediate People's Court and submitted a protest application to Nanchong City Procuratorate. After reviewing according to law, the procuratorial organ believes that the judgment found the facts wrong, the applicable law was improper, the sentencing was extremely light, and there was indeed an error, so it decided to lodge a protest.
1. The court of first instance found the defendant Qujiang guilty of intentional homicide, and the circumstances were frank, which was an error in finding facts.
Qujiang confessed in the investigation stage, because he didn't want to break up with the victim Gu Moumou, he thought that Gu Moumou had betrayed himself, followed him, insulted him and threatened him with death, and decided to kill Gu Moumou. During the trial, Qujiang retracted his confession in court, arguing that he only wanted to hurt each other, not to kill each other. The procuratorate believes that the court of first instance found Qujiang guilty of intentional homicide, and the circumstances were frank, which was an error in finding the facts.
2. The court of first instance found that the case was caused by a marriage dispute, so it was obviously inappropriate to give a lighter punishment, which was an error in finding facts.
The defendant Qujiang had contact with the victim Gu Moumou for some time, but in the first half of the incident, the victim made it clear that he would no longer contact Qujiang, and because Qujiang used illegal means to pester and harass Gu, the victim was repeatedly criticized and educated by the public security organs after calling the police. Qujiang verbally expressed his willingness to correct, but actually did not want to repent. Therefore, the victim Gu Moumou was not at fault, and there was no case where the defendant was given a lighter punishment because it was difficult to determine the right or wrong of the case caused by the marriage dispute. Therefore, the court of first instance found that the case was caused by a marriage dispute, so it was obviously inappropriate to punish it lightly, which was an error in finding facts.
3. There are several circumstances of heavier punishment in this case, and the court of first instance gave it a lighter punishment, which belongs to the improper application of the law and the sentencing is extremely light.
(1) The criminal means are particularly cruel and the criminal consequences are particularly serious. The defendant Qujiang stabbed Gu Moumou continuously in front of the victim's daughter Chen Moumou (under 8 years old), forming as many as 56 wounds, and the criminal means were particularly cruel; The consequences of the crime are particularly serious, which not only directly leads to the death of the victim Gu Moumou, but also leads to the serious mental trauma of the victim Gu Moumou's daughter Chen Moumou.
(2) The defendant has a strong subjective danger. The defendant Qujiang deliberately murdered after careful planning and long-term preparation. After repeated criticism and education by the public security organs, he still refused to repent. After committing the crime, he chose to abscond and escape the punishment of the law. Therefore, the defendant Qujiang is subjective and vicious, with poor remoulding and great personal danger. (3) The defendant's guilty attitude is not good, and his repentance performance is poor. After the defendant Qujiang committed the crime, he did not provide any help to the victim Gu Moumou and did not make substantial compensation to the relatives of the victim; Qujiang confessed his intentional motive and subjective intention in court and refused to plead guilty. Social harm and social impact are great.
IV. Several legal issues involved in this case: 1. If the victim refuses to accept the criminal judgment, he can apply to the procuratorate, and the procuratorate will decide whether to protest after examination. Regarding the civil judgment, if both parties are dissatisfied, they can appeal to the people's court at the next higher level. If the victim refuses to accept the criminal judgment of first instance, he has no right to appeal directly, because the responsibility for accusing the defendant of being guilty lies with the procuratorate, and the victim or relatives can only appeal and protest to the procuratorate.
2. On the issue of civil compensation. Qujiang is addicted to gambling and borrows money and debts everywhere. There may be no property to compensate. His sister is willing to pay compensation for him, probably because of family ties, and the family conditions are not necessarily good, so it is not necessary to pay 60 thousand. The relatives of the deceased did not reach an agreement with Qujiang's sister. Maybe they are too short of money. The key is that they have to consider the safety of their niece and let the murderer disappear from this world, which may eliminate some psychological shadows of their children.
3. On the application of the death penalty. China's death penalty policy is to kill less and be careful, and the death penalty is generally not applicable to homicide cases caused by family and marriage conflicts. The law has this provision, but it does not mean that the death penalty is not applicable to homicide cases caused by the contradiction between marriage and love. The death penalty will be applied to those who are cruel and have a bad influence. Finally, it depends on how the court of second instance decides.
Written at the end: The author thinks that Qujiang is dead or alive, which has a lot to do with the girl who witnessed her mother's death. If the court thinks that Qujiang didn't hurt the little girl when he killed Ms. Gu, it means that the murderer still has good thoughts and may be reformed, so he can stay alive. If the court thinks that the murderer's eternal life may bring eternal psychological shadow to the little girl, it is difficult to extricate herself. In order to let the little girl eliminate this shadow and comfort the little girl, it is possible to make the murderer disappear in this world and atone for his actions! As for the second trial, let's wait!