Lin Senhao and Huang Yang are both 20 10 graduate students of Shanghai Medical College of Fudan University, and they belong to different medical majors. Since August 20 10, Lin Senhao has been living in Room 42 1 in a dormitory building of Fudan University. A year later, Huang Yang was transferred to the dormitory. Later, Lin was dissatisfied with Huang because of trivial matters, and gradually became bitter. [2]
On March 29th, 20 13, Lin Senhao listened to Huang Yang and other students teasing that April Fool's Day was coming and wanted to play tricks on people.
When Lin Senhao saw Huang Yang smiling smugly, he thought of other schools poisoning people, so he planned to poison Huang Yang and make his classmates feel uncomfortable. [3]
crime motive
Upon review, the Supreme Law confirmed that the defendant Lin Senhao and the victim Huang Yang were 20 10 graduate students of Shanghai Medical College of Fudan University, respectively, and lived in the same dormitory. Lin Senhao was dissatisfied with the victim Huang Yang because of daily trifles, and decided to poison Huang Yang.
Source of poison
2065438+013127, in the trial of Shanghai No.2 Intermediate People's Court, Lin Senhao claimed that on March 30, 20 13, he asked his classmate Lv Peng for N- dimethylnitrosamine, which had been used in the experiment. Lin Senhao got the key to the laboratory from Lv Peng, went to the laboratory and took a medicine bottle containing 75 ml of N- dimethylnitrosamine and a syringe that had sucked about 2 ml of N- dimethylnitrosamine. [3]
Poison dose
The prosecution accused Lin Senhao of injecting at least 30ml of dimethylnitrosamine into the drinking water machine, which exceeded the lethal dose 10 times. [4]
The case has been edited.
Poisoning process
On the afternoon of March 3, 2065438, Lin Senhao borrowed the key from others on the pretext of taking things, and then entered the imaging medical laboratory on the 204th floor of Zhongshan Hospital affiliated to Fudan University 1 1, and took out the remaining toxic chemicals stored here after he participated in the medical animal experiment on 201.
At about 65,438+07: 50 on March 365,438+0, 2065,438+03, Lin Senhao returned to Room 4265,438+0 with the above-mentioned items, took advantage of the unmanned machine, put the dimethyl nitrosamine stock solution in reagent bottle and syringe into the water dispenser in the room, and then put reagent bottle and other things.
At 9: 00 on April 1 April, 2065438, Huang Yang took water from the water dispenser in Room 42 1 and vomited. He went to Zhongshan Hospital at noon that day. On the afternoon of April 2, Huang Yang came to Zhongshan Hospital again. After the examination, I found that my liver function was damaged, so I was hospitalized for observation. On the afternoon of April 3rd, Huang Yang became seriously ill and was transferred to the hospital intensive care unit for treatment.
police investigation
On April 1 1, 2003, the Cultural Security Branch of the Shanghai Public Security Bureau received a report from the Security Department of Fudan University about the poisoning incident in Huang Yang. After receiving the report, the Shanghai police immediately organized a task force to carry out the investigation. Before Lin Senhao, including when he was investigated and questioned by public security personnel,
Lin Senhao accepted the judgment of the second instance in court.
Never told the truth.
At 0: 00 on April 2013/2, after the public security organ confirmed that Lin Senhao was suspected of a crime and summoned him, Lin Senhao truthfully confessed the fact that he had put dimethyl nitrosamine into the water dispenser in room 42 12.
On April 2013 12, Lin Senhao was criminally detained by the police.
On April 6, 20 13, Huang died in a hospital in Shanghai at 3: 23 pm. After forensic identification, he died of acute liver necrosis caused by dimethylnitrosamine poisoning and then multiple organ failure.
Formal arrest
On the afternoon of April 19, 2065438, Shanghai police formally applied to the procuratorate for approval to arrest Lin, a suspect in Fudan University's "4 1" case, on suspicion of intentional homicide.
On April 25th, 20 13, Huangpu District Procuratorate approved the arrest of Lin, a suspect in Fudan University's "4 1" case, on suspicion of intentional homicide.
On May 5, 20 13, my parents wrote a personal letter to Yang, president of Fudan University, questioning the school's prevarication and bureaucracy.
On June 26th, 20 13, Wenbao Branch of Shanghai Public Security Bureau issued the Notice of Appraisal Opinions of Shanghai Public Security Bureau, which diagnosed that Lin Senhao was not mentally abnormal.
prosecute
On October 30th, 2065438+0310/KLOC-0, the Shanghai No.2 Intermediate People's Court disclosed that the public prosecution filed by the Second Branch of the Municipal Procuratorate against the suspect Lin had been formally accepted, and the prosecution accused the suspect Lin of intentional homicide by poisoning.
Case trial editor
Trial of first instance
201165438+1At 9: 30 on October 27th, the Fudan poisoning case was heard in the court of Shanghai No.2 Intermediate People's Court C10/.
During the trial, the prosecution accused the defendant Lin Senhao of having a dispute with the victim Huang Yang because of trivial matters, deliberately killing Huang Yang and poisoning him to death, which was cruel and extremely harmful to society. His behavior has constituted the crime of intentional homicide, and he requested the court to severely punish Lin Senhao according to law.
Defendant Lin Senhao argued that he only poisoned Huang Yang on April Fool's Day and did not intend to kill Huang Yang. Defenders have no objection to the charges in the indictment, but they suggest that Lin Senhao was an indirect intentional homicide. After arriving at the case, he can truthfully confess the crime and has a good attitude of pleading guilty. It is recommended to give a lighter punishment according to law.
20 1 131at 6: 00 pm on October 27th, the trial of the case ended and the Shanghai No.2 Intermediate People's Court decided on another day.
On the morning of 201April 18, the defendant Lin Senhao was sentenced to death for intentional homicide and deprived of political rights for life.
Final judgment
2065438+On February 25th, 2004, Lin Senhao's agent of second instance, Tang Zhijian, formally accepted Lin Senhao's entrustment to appeal to our court.
On the morning of October 8th, 2065438+2005/KLOC-0, Shanghai Higher People's Court announced that the original judgment of Lin Senhao's poisoning case was upheld in the second instance. The court of second instance rejected the defense opinions put forward by the defense, and held that Lin Senhao's killing method was cruel and the consequences were serious. Although he can truthfully confess after arriving at the case, he cannot be given a lighter punishment; Sentenced to death for intentional homicide. [5] According to the provisions of the Criminal Procedure Law, the death penalty in Lin Senhao will be reported to the Supreme People's Court for approval according to law. [2]
review of death sentence
2065438+On May 26th, 2005, the Supreme People's Court listened to lawyer Lin Senhao's opinion on the death penalty of Lin Senhao, the defendant in Fudan poisoning case. According to our defender, lawyer Si Jiangwei, the whole process lasted more than two hours. Defender elaborated four opinions, and thought that the death penalty for Lin Senhao was too heavy. The judge said that it would be tried according to law. [6]
On the evening of June 5, 2005, 2065438, Shanghai Dabang Law Firm, where the poisoning attorney is located, issued a statement saying that at the request of his father, the firm had terminated the entrustment agreement with Lin Zunyao. The death penalty review is still in progress, and Lin's temporary replacement of lawyers has caused speculation. In the case, Lin's father changed his lawyer once after the first trial, and now it is the second time he has proposed to change his lawyer.
After the termination of the contract with Sri Lanka, Lin's father will entrust Xie Tongxiang, a Beijing lawyer and chairman of China Lawyers' Judicial Network, to take over the case. Xie Tongxiang claimed to be "a professional lawyer of death penalty review in the Supreme People's Court and a death penalty defense lawyer" in Weibo's personal profile. He is also the chief lawyer of the Supreme People's Court Death Penalty Review Lawyers Network [7].
2065438+On July 28th, 2005, with the application and communication of Lin's father's lawyer, Xie Tongxiang, the president of the Criminal Trial Chamber of the Supreme Court, agreed to the meeting request of the defendant's father and the presiding judge after asking for instructions, leading research and careful consideration. In the Criminal Trial Chamber of the Supreme Court, the presiding judge of the Lin Senhao case exchanged some facts with Fu Lin and told Fu Lin that the Supreme Court had sent people to Shanghai for information many times. Lin's father said that the whole meeting lasted several hours, and the judge and the clerk also made detailed notes.
On the afternoon of July 3rd, 2065438, Lin Senhao's father Lin Zunyao and lawyer Xie Tongxiang came to the Third Court of the Supreme Court for the second time. This time, Lin Zunyao submitted the Opinions on Requesting the Supreme Court not to approve the revocation of Lin Senhao's death penalty (I) and the related application of 1 1 to the Supreme Court.
20 15 12.9, the "Fudan poisoning case" made new progress, and the review of death penalty in Lin Senhao came to an end. The Supreme Court issued a ruling approving Lin Senhao's death penalty. [8]
Execute the death penalty
20151211,student poisoning incident in medical college of Fudan university.
The criminal Lin Senhao in this case has been executed according to law. Before the execution of the death penalty, the Shanghai No.2 Intermediate People's Court arranged for Lin Senhao to meet his father Lin Zunyao and other relatives according to law. 1 1 On the afternoon of, the Shanghai No.2 Intermediate People's Court executed the criminal Lin Senhao according to the execution order issued by President the Supreme People's Court. [ 1]
Social evaluation editor
The suspect in the poisoning case of Fudan University was sentenced to death in the first instance, which triggered a heated discussion. Famous students with rich professional knowledge can't keep the basic bottom line of morality and humanity, which is alarming: the overly utilitarian social environment makes us ignore the cultivation of the most basic healthy personality, and the bad atmosphere of instilling hatred makes impetuous young people narrow-minded and lack tolerance. From close roommates to poisoning people, it is not just education that needs to be reflected. (Xinhua Viewpoint)
Event influence editing
177 Fudan university students seek "death-free" for Lin Senhao.
20 14 In May, 77 students from Fudan University signed a letter asking not to sentence Lin Senhao to death, which was sent to the Shanghai Higher People's Court with another statement attached. It is suggested that the defendant Lin Senhao be given a chance to turn over a new leaf and take care of the parents of the victim Huang Yang in the future. 177 students expressed the hope that the state, society and the court would consider comprehensively, mete out sentences carefully and give Lin Senhao a chance to turn over a new leaf.
The request also lists a series of trivial matters in Lin Senhao's daily life and study. Lin Senhao's classmates said that when the Wenchuan earthquake happened, he took out the money he usually saved and donated it to 800 yuan (his living expenses were only over 200 a month), which was one of the students who donated the most. Lin also published eight academic papers, and his works were also published in academic magazines with international influence.
In addition, according to the request in the letter, Lin Senhao resolutely refused to accept the red envelope given by the patient. He also served migrant workers for a week in a row, and he was enthusiastic from beginning to end. Usually frugal and simple (his family is a farmer, very tired and poor, and his mother has a heart disease). "Therefore, we don't think he is an extremely vicious person who has killed and injured people many times." [ 10]