The family of the deceased wants the murderer to leave this world! The deceased on the first instance court sentenced the murderer to death suspended results are not convinced, to Nanchong City Procuratorate to apply for a request for protest. Nanchong Municipal Procuratorate has also made a decision: anti-suit! From the relevant reports, the deceased's family gave the public the message that they thought the compensation from the murderer's side was too little, and asked the court to give the murderer a new sentence of death penalty with immediate execution. The author reads the case and believes that there is a thread that touches the murderer's life and death, whether in the mouth of the relatives of the deceased, or in the judgment, the letter of protest, it is difficult to pick out, that is, witnessed her mother's murder of the seven-year-old girl!

I. The seven-year-old girl witnessed her mother's murder!

Nanchong City, 35-year-old Ms. Gu, divorced and living alone with her daughter, and runs a nail salon. At a friend's party, Ms. Gu met a man named Qu Jiang. After spending some time together, they developed into boyfriend and girlfriend. At first, Ms. Gu thought she had found someone she could rely on for the rest of her life. A little longer, Ms. Gu discovered that Qu Jiang was addicted to gambling and would gamble whenever he had some money in his hand. Qu Jiang asked Ms. Gu for money, initially "borrowing", but later became demanding. The first thing that makes it unacceptable to Ms. Gu is that Qu Jiang says he is single, but in fact he has been married and not divorced, and has a child.

After Ms. Gu proposed a breakup, Qu Jiang disagreed. He then pestered and harassed Ms. Li constantly, for which Ms. Gu repeatedly called the police for help. A few days before the crime, Qu Jiang was also forcibly summoned by police for harassing Ms. Gu, and a knife was recovered from his body. Ms. Gu was afraid that Qu Jiang would come back to harm her and her daughter after he came out from punishment, and was forced to choose understanding for Qu Jiang, and the police released him without punishment.

June 2, 2020, around 5 am, Qu Jiang used the original stolen with the key to open Ms. Gu's door, sneaked into the room, took a kitchen knife towards Gu Li's abdomen cut more than a dozen, and took out a sharp knife and stabbed dozens of times, resulting in the death of Ms. Gu on the spot. The whole process of the crime, Ms. Gu less than eight-year-old daughter was at the scene, witnessed the murder process. It was only after Qu Jiang fled that the little girl sought help from her neighbors.

II. Court of First Instance Decision:

Before the first-instance decision, on the issue of civil compensation, the Nanchong Intermediate People's Court organized a meeting between Qu Jiang's family and Ms. Gu's family. Qu Jiang's sister said she hoped the two sides could reach a criminal settlement agreement, leaving her brother a life, and that she was willing to take out 60,000 yuan in lieu of compensation. The relatives of the deceased did not agree, Ms. Gu's father said, so can I use 600,000 yuan, with that knife stabbed the man 57 times? In the end, the two sides failed to reach an agreement.

Nanchong Intermediate People's Court hearing made a judgment, the defendant Qu Jiang guilty of provoking trouble, intentional homicide, sentenced to death, a two-year reprieve, restrictions on the reduction of sentence. At the same time, the verdict Qu Jiang compensation for the deceased's family funeral expenses and other more than 760,000 yuan.

third, nanchong city procuratorate withdrew the reason:

the relatives of the deceased do not accept nanchong intermediate people's court judgment, to nanchong city procuratorate submitted an application requesting protest. Procuratorate review in accordance with the law, the judgment that the facts are wrong, the application of the law is improper, the sentence is abnormally light, there are errors, decided to lodge a protest.

1, the court of first instance found that the defendant Qu Jiang committed the crime of intentional homicide with confession, is to determine the factual errors.

Wu Jiang in the investigation stage confessed that, because of unwillingness to break up with the victim Gu Moumou, and that Gu Moumou betrayed himself, and Gu Moumou follow, verbal abuse, threatened to die, and then decided to kill Gu Moumou. And in the trial Qu Jiang retracted his confession in court, arguing that he just wanted to hurt each other, and did not want to kill each other. The Procuratorate believes that the court of first instance found that Qu Jiang committed the crime of intentional homicide with confessions, is to find the facts wrong.

2. The court of first instance found that the case was caused by a marital dispute and thus mitigated the punishment, which was obviously inappropriate and a mistake of fact.

The defendant Qu Jiang and the victim Gu Moumou had a period of interaction, but six months before the crime, the victim clearly indicated that no longer interact with Qu Jiang, and because of Qu Jiang using illegal means of Gu Cuifang pestering, harassment, the victim reported to the police after the public security organs after several times of criticism and education and warnings, Qu Jiang are verbally willing to rectify, but in fact do not think of repentance. Therefore, the victim Gu is not at fault, there is no case arising from a marital dispute on the right and wrong difficult to determine the circumstances of the defendant mitigated punishment. Therefore, the court of first instance found that the case is caused by the marital dispute, and thus mitigated punishment, obviously improper, is to find the facts wrong.

3, this case has a number of aggravating circumstances, the court of first instance to mitigate the punishment, is the application of the law is not appropriate, the sentence is abnormally light.

(1) The crime was committed by particularly cruel means and the consequences of the crime were particularly serious. The defendant Qu Jiang in front of the victim Gu Moumou's daughter Chen Moumou (less than 8 years old) face, Gu Moumou continuous hacking and stabbing, the formation of up to 56 wounds, the means of its crime is particularly cruel; the consequences of the crime is particularly serious, not only led to the victim Gu Moumou death, at the same time lead to the victim Gu Moumou daughter Chen Moumou of the spirit of the trauma is serious.

(2) The defendant's subjective malice is deep, and the personal danger is great. Defendant Qu Jiang carefully premeditated, had a long time to prepare for intentional homicide. After the public security organs to criticize and educate him many times still unrepentant. After committing the crime, he chose to abscond to avoid legal punishment. Therefore, the defendant Qu Jiang subjective malignancy deep, reformability poor, personal danger is very great. (3) The defendant pleaded guilty with a bad attitude and showed poor remorse. After the crime, the defendant Qu Jiang did not have any aid to the victim Gu Moumou, not to the victim's relatives for substantial compensation; Qu Jiang in court on its intentional homicide motives and subjective intent to retract the confession, and refused to admit guilt. Social harm and social impact are extremely.

Fourth, this case involves several legal issues:

1, the victim side of the criminal judgment, can apply to the procuratorate, the procuratorate review to decide whether to protest. With regard to the civil judgment, the original by both parties, you can appeal to a higher people's court. To the criminal first instance verdict, the victim is not the right to appeal directly, because the responsibility of the accused guilty is the prosecutor's office, the victim or relatives can only complain to the prosecutor's office to counter-appeal.

2, on civil compensation. Qu Jiang was addicted to gambling, borrowing money and debts everywhere, and may not have any property to compensate. His sister is willing to compensate on behalf of, may also be based on kinship, the family conditions are not necessarily good, can come up with 60,000 does not count. The relatives of the deceased did not reach an agreement with Qu Jiang's sister, may be too little money is one aspect, the key is that they also want to consider the niece's safety, so that the murderer from the world to eliminate, may eliminate some of the child's psychological shadow.

3, on the application of the death penalty. China's death penalty policy is to kill fewer and more cautious, due to family, marriage conflicts caused by homicide, generally does not apply the death penalty. The law has this provision, but does not mean that because of marriage conflicts caused by murder cases are not applicable to the death penalty, for that means of cruelty, the impact of bad, the same will apply the death penalty. In the end, see how the second instance court found.

Writing in the end:

The author believes that whether Qu Jiang is dead or alive has a lot to do with the girl who witnessed her mother's death. If the court finds that Qu Jiang did not hurt the little girl when he killed Ms. Gu, it shows that the murderer still has good intentions and has the possibility of being rehabilitated, so he can be given a chance to live. If the court thinks that the murderer does not die, may forever bring psychological shadow to the little girl, it is difficult to self-relieve, in order to let the little girl to eliminate this shadow, comfort the little girl, it is possible to let the murderer disappear in this world, for their own behavior to atone for their sins! As for how the second trial verdict, let's wait a bit!