Flirting to dismiss the appeal and uphold the original judgment. In accordance with the provisions of Article 235 of the Criminal Procedure Law of People's Republic of China (PRC), it shall be submitted to the Supreme People's Court for approval according to law. land
65438+10: 3610.8 in the morning, with the sound of the gavel, the presiding judge read out the second-instance judgment of Lin Senhao's poisoning case in the Fifth Court of Shanghai Higher People's Court: our court thinks that the appellant Lin Senhao deliberately poisoned one person to vent his anger, which has constituted the crime of intentional homicide and should be punished according to law. Lin Senhao's criminal methods are cruel, with serious consequences and great social impact. After Lin Senhao arrived at the case, although he was able to truthfully confess his crimes, the crimes were serious and could not be given a lighter punishment. The original judgment found that the facts of Lin Senhao's intentional homicide were clear, the evidence was conclusive and sufficient, the applicable law was correct, the sentencing was appropriate, and the trial procedure was legal.
Lin Senhao's appeal grounds cannot be established, and the defender's defense opinions will not be adopted by our court. The suggestion of Shanghai People's Procuratorate to reject the appeal and uphold the original judgment should be supported.
According to Article 225 of the Criminal Procedure Law of People's Republic of China (PRC), the verdict is as follows: the appeal is dismissed and the original judgment is upheld. In accordance with the provisions of Article 235 of the Criminal Procedure Law of People's Republic of China (PRC), it shall be submitted to the Supreme People's Court for approval according to law. land
The judgment of the second instance responded to three major disputes in the trial-
Focus 1: Identify the poisons involved.
Prosecution: dimethylnitrosamine
Defense: it is found that the evidence of dimethylnitrosamine is insufficient.
At the trial of the second instance, the defender thought that the poison involved in this case was dimethylnitrosamine, and the evidence was insufficient, so he applied for the mass spectrum of related cases.
The court of second instance found that the dimethyl nitrosamine involved in the case was manufactured by employees of Tianjin Institute of Chemical Reagents according to the scientific research manual, with a content of more than 99.9%. The testimony of several witnesses proves that Lu bought the above-mentioned dimethylnitrosamine on 20 1 1 and conducted experiments with dimethylnitrosamine. In March of 20 13, Lin Senhao took out dimethylnitrosamine from the laboratory and put it into the drinking machine in the dormitory. The testimony of the witness Sun et al. confirmed the suspected poisoning, and the relevant personnel sent the drinking water, used cups, blood, urine and other physical evidence for inspection on April 4 and April 7, 20 13.
The inspection report issued by the appraisal center of Shanghai Judicial Appraisal Institute shows that dimethylnitrosamine was detected in drinking water. The explanation of Wenbao Branch of Shanghai Public Security Bureau and the material evidence report of Shanghai Public Security Bureau's material evidence appraisal center can confirm that dimethylnitrosamine can be detected in drinking water barrels and packaging bags submitted for inspection. Lin Senhao also confessed that all the recovered dimethylnitrosamines were poured into the water dispenser. To sum up, the available evidence is sufficient to confirm the fact that Lin Senhao put the remaining dimethylnitrosamine into the drinking fountain after doing experiments with others. Therefore, the defender's opinion that there is insufficient evidence that the poison is dimethylnitrosamine cannot be established.
The defender's application for obtaining relevant inspection reports and poison mass spectrometry is not supported.
Focus 2: Look at the cause of death of Huang Yang.
Prosecution: Huang Yang meets the requirements of acute liver necrosis caused by dimethylnitrosamine poisoning, leading to acute liver failure, followed by multiple organ failure and death.
Defense: Huang Yang suffered from acute liver necrosis caused by explosive hepatitis B and eventually died of multiple organ failure.
During the second trial, Lin Senhao's defender applied to persuade a person with special knowledge to appear in court in Hu Zhiqiang. Hu explained the "Review Opinions on Forensic Medicine Documentary Evidence" jointly made by Beijing Kejian Consulting Service Center and Zhuang Hongsheng, and thought that acute liver necrosis was caused by fulminant hepatitis B, and eventually he died of multiple organ failure.
Hu Zhiqiang said at the trial that Huang Yang's case had been tested for hepatitis B virus serum four times. For the first time on April 3rd, both E antibody and core antibody were negative. In the last three tests on April 6, 8 and 12, all three antibodies were positive. The only explanation is that Huang Yang is infected with hepatitis B. If N- dimethylnitrosamine is poisoned, there will be no hepatitis B antibody positive phenomenon shown by Huang Yang. Hu Zhiqiang also pointed out that the outbreak of hepatitis B was an immune complex reaction induced by a large number of invasion of hepatitis B virus, human fatigue, drinking and other unfavorable factors.
Upon verification by the court, the general business scope of Beijing Yun Zhi Science and Technology Consulting Service Center is economic and trade consulting, investment consulting, enterprise management consulting, public relations service education consulting and market research technical consulting (except for projects without administrative permission), with a registered capital of 50,000 yuan. Hu Zhiqiang and Zhuang Hongsheng are both appraisers of Beijing Huaxia Material Evidence Appraisal Center.
When the court asked why Beijing Huaxia Material Evidence Appraisal Center didn't issue relevant opinions, Hu replied that no one entrusted him, so he couldn't get first-hand information. When the agent ad litem asked Hu Dou what he had to do with Kejian Consulting Service Center, Hu Dou replied that Hu Dou and Zhuang were forensic experts they hired.
In response to the opinions put forward by the defender, the procuratorate applied for Chen Yijiu, one of the appraisers in this case, to testify in court in the second instance, and Chen explained to the court the appraisal basis of the Judicial Appraisal Opinion of Forensic Pathology of Shanghai Judicial Appraisal Center.
Chen Yijiu said that during the identification process, five experts definitely ruled out the possibility that Huang Yang's liver injury was caused by hepatitis A, hepatitis B, hepatitis C, hepatitis E, HIV, EV, cytomegalovirus and Treponema pallidum infection, and ruled out that Huang Yang was caused by shock, heart failure and other basic diseases that caused liver necrosis, and did not see the liver injury caused by Huang Yang's autoimmune reasons. The funny file explicitly ruled out all liver injuries except poisoning. He said quietly.
The court of second instance found that:
First, Huang Yang fell ill and died after drinking the water from the water dispenser in Room 42/KLOC-0. Huang Yang was in good health in February 20 13. The testimony of several witnesses confirmed that Huang Yang did not drink alcohol the night before the incident. He fell ill after drinking the water in the water dispenser on April 13, and died after being rescued. Lin Senhao also claimed that Huang Yang drank poisonous water from the water dispenser. Secondly, dimethylnitrosamine was detected in Huang Yang. Third, forensic pathology judicial expertise confirmed that Huang Yang died of dimethylnitrosamine poisoning. The appraisers of the two appraisal opinions belong to the relevant appraisal institutions and have appraisal qualifications. The appraisal procedures are standardized and legal, and the materials on which the appraisal is based are objective. There is no contradiction between inspection and prevention, inspection process, analysis and appraisal conclusion, and they can confirm each other. The court will accept it.
The Opinions on Forensic Material Evidence Inspection issued by Beijing Yun Zhi Kejian Consulting Service Center and the opinions expressed by Hu Zhiqiang in court are inconsistent with the ascertained facts and will not be adopted.
Focus 3: What is Lin Senhao suspected of?
Prosecution: Lin Senhao is guilty of intentional homicide.
Defense: Lin Senhao didn't commit intentional homicide subjectively, which constituted the crime of intentional injury or negligent death.
In the second trial, a defender of Lin Senhao believed that Lin Senhao's intentional injury caused one death, and his behavior should constitute the crime of intentional injury, and requested the court to sentence him within the range of 10 years or more and 15 years or less. Another defender believes that Lin Senhao's poisoning behavior is based on jokes, and that Huang Yang's death will not happen, which is an overconfident fault and should constitute a crime of negligent death.
The court of second instance found that:
The testimony of several witnesses, Lin Senhao's master's thesis, Lin Senhao's paper on quantitative evaluation of rat liver fibrosis, Lin Senhao's confession and other evidence confirmed that Lin Senhao and others used dimethylnitrosamine to do rat liver fibrosis experiments in 20 1 1 year. Dimethylnitrosamine is a hepatotoxic substance, and acute liver failure will lead to the death of rats. Lin Senhao's confession was stable from the case to the second trial, and the amount of dimethylnitrosamine he put into the water dispenser exceeded the lethal dose.
Lin Senhao's statement about diluting the water in the drinking fountain after poisoning is only his own confession, and there is no relevant evidence to support it.
Lin Senhao has medical expertise, knowing that highly toxic dimethyl nitrosamine will cause liver damage and death to people and animals, but he still deliberately put the toxic substance into a drinking machine that obviously exceeded the lethal dose, thus causing Huang Yang to be poisoned and die after drinking. According to the law, he should be investigated for the second criminal responsibility for intentional homicide. The opinions on the crime of intentional injury and the crime of negligent death lack factual and legal basis and cannot be established.
Lin Senhao's defense lawyer later issued a statement saying that the sentencing in this case was too heavy, which did not rule out the influence of extra-legal factors, and did not conform to the criminal policy of killing less and killing more carefully. Moreover, the ruling of the second instance basically failed to answer any major question raised by the defender, such as why the mass spectrum of the poison was not provided. If it was dimethylnitrosamine, what Huang Yang drank was far less than the lethal dose. Why did Huang Yang die depends on whether the illegally manufactured and illegally sold reagents would deteriorate after two years in total violation of the prescribed storage conditions? The judgment of the second instance is not final, and the Lin Senhao case will be reviewed by the Supreme Court according to law. Defenders hope that the Supreme Court can find out the facts, respond to the reasonable questions raised by defenders, and send them back for retrial or change their sentences according to law.
Lin Senhao's last words:
I want to kowtow and apologize ... I hope to donate my body.
Our reporter Zhang Liyan Yanyan
After the verdict was pronounced in the second instance, Lin Senhao, dressed in black, was taken down with no blood on his face; Fu Lin's rickety body collapsed in the public gallery, and Uncle Lin Senhao ran out of the court sadly. Huang Yang's mother sat on the ground crying, and Huang Yang's father held his wife with tears in his eyes.
Huang Yang's father, Huang Guoqiang, said that he was happy with the result and thanked the law for its fair judgment.
After sitting still for 10 minutes, Lin Zunyao, Lin's father, finally lost control of his emotions and turned to cry. He said that if I am not reconciled, I will find a lawyer to review and continue to complain. My son is guilty, but he will not die. land
After sentencing in the morning, Lin Senhao's lawyer went to the Third Detention Center to meet with Lin Senhao. Lawyer Tang Zhijian said that it was not an accident because Lin Senhao had made the worst plan for the verdict.
Tang Zhijian relayed Lin Senhao's words, saying that what he wanted to do most today (65438+18 October) was to meet his parents and Huang Yang's parents and kowtow to them, hoping that they would have a better life in the future, but he failed to find them in the crowd when he entered the court. I also hope to meet Huang Yang's parents and apologize to them personally.
After the verdict, Lin said he wanted to see his parents and bowed to apologize, but his father said that even so, he refused to accept the apology.
Today, Lin Senhao made a statement about donating the remains through his lawyer. The following is the full text of the statement:
1. I have received the second-instance judgment of Shanghai High Court. Although I am not satisfied with the verdict, I will hire a lawyer according to law to state the doubts raised in the second trial of the Supreme Court's death penalty review stage. I really didn't kill anyone on purpose. Anyway, I still believe in justice.
Second, I still want to apologize to Huang Yang's parents no matter what the result is. I regret what I have done. I hope Huang Yang's parents can get over their sadness slowly. I also hope that my parents can get out of their grief. I was really unfilial and failed to live up to my parents' and teachers' teaching. If you don't live in this life, you will repay me in the afterlife.
Third, I hope my tragedy can teach the world a lesson. I hope the people I get along with can be more considerate and friendly. I hope that with the help of love and caution, I can pull back from the brink and turn my sword into a plow.
Fourth, I thank so many people who have supported and helped me. Thank you. I feel warm from you. I also thank my critics. If I had heard so many criticisms as soon as possible, maybe I wouldn't have done such a stupid thing. Thank you for your tutor's years of education, your parents' love and your classmates.
In my limited days, I will still shed tears and repent, study hard and temper myself, hoping to face that last moment safely. I hope to donate my body to. Although this life is short, I have devoted myself to studying before, lacking the nourishment of my heart, which led to a big mistake. In the last few years, in the whirlpool of justice, I couldn't help myself. I hope this last thing can be done well. After all, I am still young, and I can pay my young life to make amends. My life has come to an end, and I hope society will finally forgive me.