According to the provisions of Article 184 of the Criminal Procedure Law of People's Republic of China (PRC) and Article 15 of the Organic Law of the People's Procuratorate of People's Republic of China (PRC), the presiding judge and judge are appointed by the chief procurator of the Second Branch of the Shanghai People's Procuratorate to attend today's court as state prosecutors, support the public prosecution in the trial of the defendant Lin Senhao's intentional homicide, and perform the duties entrusted to the procuratorial organ by law.
The defendant Lin Senhao's intentional homicide case is a rare vicious crime case that happened on the campus of colleges and universities in this city, but it has great influence in the whole country.
After the court investigation just now, the court interrogated the defendant, listened to the confession and explanation of the defendant, listened to the testimony of witnesses, listened to the opinions of the appraisers in court, read and produced various groups of evidence related to this case, and conducted cross-examination.
The court investigation results show that the fact that the indictment accused the defendant Lin Senhao of intentional homicide is clear and the evidence is indeed sufficient. The defendant Lin Senhao's behavior has constituted the crime of intentional homicide and should bear corresponding criminal responsibility.
In order to facilitate the collegial panel's deliberation and make a fair judgment on this case, the prosecutor expressed concern about three main controversial points in this case.
First: Is the death of the victim Huang Yang caused by poisoning by Lin Senhao?
Second: Is the purpose of Lin Senhao's poisoning to hurt Huang Yang's health? Is it a joke or to kill Huang Yang?
Third: Why did Lin Senhao kill Huang Yang? What is his motive?
The public prosecutor issued three public prosecution opinions on these three focuses, and expounded the main viewpoints and basis of the public prosecution organ for reference when the collegial panel reviewed the case.
The prosecution accused the defendant Lin Senhao of deliberately poisoning and killing Huang Yang. The facts are clear and the evidence is indeed sufficient. ?
Lin faces the prosecutor squarely, lowers his head deeply and moves his upper body?
Combining these sufficient evidences, we can profoundly and comprehensively reveal and identify the fact that the defendant Lin Senhao deliberately poisoned and killed the victim Huang Yang from nine aspects.
These nine aspects are
Lin looked up, looked down, looked serious, and moved his right foot.
Lin Senhao witnessed Lv Weiwei storing highly toxic dimethyl nitrosamine in the cabinet in Room 204 of Zhongshan Hospital 1 1. The testimony of Lu Weiwei and other witnesses, relevant shopping invoices, relevant registration records and Lin Senhao's confession after arriving at the case confirmed that Lin Senhao cooperated with Lu Weiwei to conduct animal liver function experiments on 20 1 1. He clearly knows that Lu Weiwei bought a bottle of 100 ml of dimethylnitrosamine from a manufacturer in Tianjin, and clearly knows that Lu Weiwei stored the remaining dimethylnitrosamine reagent in the cabinet under the inspection desk in Room 204 of Zhongshan Hospital 1 1 Building. ?
Lin Senhao personally participated in the process of doing animal experiments with the above-mentioned highly toxic substances, and was familiar with the toxicity of highly toxic substances and the dosage of animal models needed for the experiments.
The above evidence proves that in 20 1 1 year, Lin Senhao, Lv Weiwei and others made a large dose of animal liver function experiment with dimethylnitrosamine, and witnessed the results and process of acute liver failure and death of some experimental rats after injecting dimethylnitrosamine. Lin Senhao wrote many academic papers on this basis.
In his master's thesis, Lin Senhao made a clear and detailed exposition on the toxicity of dimethylnitrosamine and the death of experimental rats after injecting dimethylnitrosamine. ?
Lin Senhao obtained the above toxic substances before committing the crime, and Lv Peng's witness testimony and Lin Senhao's confession after arriving at the case confirmed that:
At 2 o'clock in the afternoon on March 3, 20654381,Lin Senhao got the key from Lv Peng in the name of taking gloves and other experimental supplies, entered Room 204 of Zhongshan Hospital 1 1, took out the reagent bottle and syringes containing dimethylnitrosamine stored in Lv Weiwei, and put them into yellow medical waste bags to take away. ?
Lin Senhao took these toxic substances back to the bedroom, and when there was no one else in the room, he injected them into the water dispenser in the bedroom.
Testimony of Sheng Lei and other witnesses, relevant documentary evidence, videos and Lin Senhao's confession after his arrival confirmed that Lin Senhao returned to the dormitory 42 1 shared with Huang Yang on March 3, 2003 17: 50. At this time, the roommate went out and another roommate, Ge, left in 2003. ?
When Lin Senhao was present, after Huang Yang drank the drinking water injected with dimethylnitrosamine, Huang Yang vomited and died after being treated.
Witness Wu's testimony, medical record and confession after arriving at the case confirmed that:
On the morning of April 3rd, Lin Senhao and Huang Yang were in the same room. Huang Yang vomited after drinking the drinking water injected with dimethylnitrosamine in Lin Senhao, and went to Zhongshan Hospital for emergency treatment at noon. The next afternoon, Huang Yang came to Zhongshan Hospital again. On the afternoon of April 3rd, due to serious illness, Huang Yang was transferred to the surgical intensive care unit for rescue. Since then, despite the medical staff's best efforts to save him, Huang Yang still stayed in the hospital until 4 pm. ?
Relevant appraisal reports confirmed that Huang Yang's death was consistent with dimethylnitrosamine poisoning. Testimony of Wu and other witnesses, appraisal report of Shanghai Forensic Medicine Material Evidence Inspection Center, forensic autopsy report, forensic pathology judicial appraisal opinion of Shanghai Forensic Medicine Center, relevant materials and confession after arrival confirmed that dimethylnitrosamine was detected in the used drinking machine, sealing cover of water outlet of drinking bucket, drinking cup and urine discharged after 6: 00 a.m. on April 4, 20 13. Huang Yang died in accordance with dimethylnitrosamine poisoning. ?
Lin Senhao often goes online to inquire about the taste of dimethylnitrosamine and how to detect it after poisoning.
The original online records recovered from the laptop used in Lin Senhao by the computer forensic appraisal agency and the corresponding webpage contents show that after Lin Senhao was poisoned, he went online to Baidu at 08: 25 on March 3, 2065438 to inquire about the basic characteristics of dimethylnitrosamine. The web page shows that dimethylnitrosamine is a highly toxic chemical. Inhalation, ingestion or skin absorption may cause death. From April 0 18 to April 7/8 of the same year, Lin Senhao frequently inquired about the diagnosis and identification of dimethyl nitrosamine poisoning and whether it could be detected, which reflected that Lin Senhao was eager to find ways to cover up his criminal behavior after committing the crime in order to escape legal sanctions.
(Lin bows his head)?
Lin Senhao was exposed and brought to justice naturally and normally. Testimonies of witnesses such as Ge, medical records and explanations of relevant information of public security organs.
(Lin slightly lowers his head to the right, raises his left hand and touches the left nasal root, scratching several times in a row)
And Lin Senhao's confession after the incident confirmed:
Because the related cases of poisoning with dimethylnitrosamine in Lin Senhao are extremely rare, and the poisoning methods are relatively hidden, on April 2nd, Huangyang's condition deteriorated rapidly after arriving at the hospital because the real cause and poison could not be diagnosed.
In the meantime, my roommate Ge learned about liver poisoning and recalled that his roommate had done animal liver function experiments, so he inquired about relevant papers online and learned that he had done animal liver function experiments with dimethylnitrosamine. Ge told his brother Sun, and later schoolmates, Liu Quan and others tried their best to buy dimethylnitrosamine reagent, and in April of the same year 10.
(Lin raises her head and looks forward, then lowers her head and bows her waist slightly. )
It was sent to relevant appraisal institutions for appraisal, thus confirming the dimethyl nitrosamine poisoning in Huang Yang.
In today's court investigation, the defender pointed out that it was the witness, not the reconnaissance agency, who brought the evidence to the attention of the court.
(Yuan clears his throat here),
In order to request the court to identify the legality, authenticity and effectiveness of these physical evidence.
On this issue, the prosecutor expressed three positions:
Second, the above-mentioned schoolmates and teachers in Huang Yang tried their best to find the real reason and reason of Huang Yang's poisoning because of Huang Yang's poisoning. What they did.
(Lin raises his right hand and scratches the lower part of his right face with his index finger)
Behavior, these actions, not only conform to justice, but also to everyone's morality. It is precisely because of the active participation of the people that the city's public security organs can quickly detect this case.
Avoid the death of the victim and the escape of the defendant.
Secondly, we think that these people who participated in the investigation are not ordinary people. Both are medical graduate students and doctors. The whole process of their examination conforms to the basic medical norms and basic medical common sense.
Third, according to all the evidence produced in today's investigation, there is nothing to ask in the process of sending it for sampling and identification. Please put it on record.
It is precisely because of the people's courage and strength in solving the case.
(Lin looks straight ahead),
After receiving the report, the investigators quickly launched an investigation and asked the defendant Lin Senhao twice on April 1 1. Lin Senhao denied it. Until the next morning, when the investigators inquired about Lin Senhao's laptop, they found that Lin Senhao had inquired about dimethylnitrosamine poisoning, taste, detection and identification on the Internet many times before and after the incident, and confirmed that Lin Senhao was suspected of committing a major crime, and Lin Senhao was criminally filed.
( 1:4 1:29)?
After the defendant Lin Sen arrived at the case, until the court investigation just now, he confessed to the fact that the indictment accused him of deliberately poisoning and killing Huang Yang.
He explained the source of the poison, the time, place, method and result of poisoning, and inquired about the taste of highly toxic substances and how to detect them on the Internet many times after committing the crime, which was mutually confirmed with the relevant witness testimony, documentary evidence, physical evidence and expert opinions that have been identified, and proved to be true. ?
The facts and evidence in the above nine aspects have been cross-examined by the court, which proves that the criminal facts of the accused Lin Senhao's intentional poisoning and murder are clear and the evidence is indeed sufficient. The court should recognize them and investigate the criminal responsibility of the accused Lin Senhao accordingly. ?
Second, Lin Senhao, the defendant, knew that his poisoning behavior would inevitably lead to Huang Yang's death, but he was determined to carry it out and hoped that this would happen. Lin Senhao's behavior constitutes the crime of intentional homicide. ?
Lin Senhao confessed to the fact that he poisoned and killed Huang Yang when he arrived at the case, but Lin Senhao repeatedly argued that the purpose of poisoning was only to make Huang Yang complete, and only to make Huang Yang suffer rather than kill Huang Yang. He thought that Huang Yang would recover slowly after treatment, so the result of Huang Yang's death was that he didn't expect and didn't want to see what happened when he was poisoned. The public prosecutor believes that Lin Senhao's explanation is completely contrary to the facts and evidence of the cross-examination in this case.
1, Lin Senhao is fully aware of the toxicity of dimethylnitrosamine used in his poisoning, which will lead to human liver failure and death.
During the trial, the prosecutor read out the reply from the Chemical Registration Center of the State Administration of Work Safety, clearly indicating that dimethylnitrosamine was included in the 2002 edition of the List of Highly Toxic Chemicals, and experimental animals could quickly absorb it through the digestive tract and respiratory tract. After absorption, dimethylnitrosamine and its metabolites are widely distributed in human body, and the metabolism in animals and human body is basically the same. Its main harm is that it will lead to liver damage in humans and animals. Lin Senhao personally used dimethylnitrosamine to do animal liver function experiments. The experimenter who does this experiment also needs to dilute dimethylnitrosamine according to the modeling dose that one kilogram of experimental rats can only use 50 mg of dimethylnitrosamine, because if this dose is exceeded, the experimental rats will die soon after injection. Lin Senhao clearly knows the requirement of this dose and the critical point of death. According to Lu Weiwei's testimony, the concentration of dimethyl nitramine for injection was ten times higher than the model dose due to calculation error in the first batch. After the first mouse was injected, the mouse died soon, and Lin watched. Lin Senhao also confirmed the situation in this section when he was arraigned, and Lin Senhao later injected 70 mice according to this standard model dose. Although the dose did not exceed 50 mg/kg, 10 rats still died of acute liver failure caused by injection of dimethylnitrosamine.
We know that the liver is one of the most important organs in human life, and the damage and failure of liver function will inevitably lead to human death, which is basic knowledge for an ordinary person. Pat Ting Hung, a master tutor in Lin Senhao, said that N-2 can cause serious damage to human or animal liver, and the liver will harden rapidly. See related literature for specific dosage. Generally calculated according to the weight of human or animal. Lin Senhao is a man who does experiments. He must know how much dose will do harm to the liver, otherwise the experiment will not succeed.
Large doses of animals will die immediately, and small doses have no damage to the liver of animals. Therefore, whether the dosage can be controlled skillfully is very important for the success of this experiment. As a result, Lin Senhao's experiment was successful. Dimethylnitrosamine can cause serious damage to human liver, because its mechanism of destroying biological cells is the same.
As an excellent medical graduate student, Lin Senhao's tutor said that he should understand this truth.
In many papers and other master's degree theses written by Lin Senhao, he clearly and detailedly described and analyzed the toxicity of dimethylnitrosamine to liver damage. During his master's degree in medicine, Lin Senhao wrote many academic papers, such as Quantitative Assessment of Liver Fibrosis in Rats by Timely Tissue Elasticity Imaging, which were published in authoritative medical core journals such as Sinochem Hepatology. The above experiments and related papers are regarded as an important part of his master's thesis completed in March 20 13. Lin Senhao clearly wrote in his master's thesis "Experimental and Clinical Study on Ultrasonic Elastography in Evaluating Hepatic Fibrosis" that dimethylnitrosamine is a chemical substance with hepatotoxicity, genotoxicity and immunotoxicity, which is metabolized into hepatocytes through microsomes to generate acetaldehyde, causing liver cell damage. At the same time, activated methyl groups are produced, which methylates protein nucleic acid, leading to hepatocyte necrosis, hepatocyte necrosis, regeneration and necrosis, thus leading to fibrosis. Thus, Lin Senhao's understanding of the basic toxicity of dimethylnitrosamine and its cause of liver failure and even death of organisms is clear.