Death penalty!, Dai Mouhua impulsively | victim | death penalty
On July 16th, Cover News learned from the relatives of victim Xiaowen in the Nan'an father-in-law murder case in Fujian Province that on June 25th, the Fujian Provincial High People's Court made a final ruling on the case, rejecting the appeal of the offender Dai Mouhua and upholding the original death sentence.
August 28, 2021. At the scene of the crime. Photography/Yang Feng
The court found that on August 20, 2021, at around 7:00 am, the defendant Dai Mouhua had an argument with his daughter-in-law victim Xiaowen over trivial matters. He then grabbed Xiaowen's neck with his arm in the miscellaneous room of his home until she fell to the ground and could not move. Due to concerns about his crime being exposed, Dai Mouhua drove a van to transport the victim to a garbage dump at around 7:20 am on the day of the crime. He poured gasoline on the victim and burned it, then drove the van to transport the remaining bones of the victim to a mountain ditch for disposal. During this time, Dai Mouhua also hid Xiaowen's electric car, discarded her phone and her own crime clothes, and misled her son Dai Mouhe while searching for the victim. According to forensic identification, the victim's body was highly carbonized after burning, and no open sharp instrument damage was found in the remaining bones and soft tissues, making it impossible to determine the cause of death.
According to previous reports from Cover News, on March 15, 2022, the Intermediate People's Court of Quanzhou City made a first instance judgment on the case. The Intermediate People's Court of Quanzhou City believes that although this case was a impulsive and passionate crime caused by a family dispute, the defendant Dai Mouhua, after committing intentional homicide, destroyed his body and attempted to cover up the crime. His criminal methods were cruel and the consequences were serious, and he should be severely punished. After the first instance judgment, Dai Mouhua appealed in court.
Dai Mouhua's appeal argues that the original approval was incorrect, and he did not have a motive to kill the victim. He strangled the victim's neck to teach them a lesson and educate them. However, due to a momentary impulse, he accidentally killed the victim, and it should be determined that the negligence caused the death; The original trial did not determine that it was inappropriate for him to surrender himself; This case is a impulsive and passionate crime caused by a family dispute. After arriving at the case, he truthfully confessed the facts of the crime and was willing to compensate. The original sentence was too heavy, and he requested a lighter punishment.
The final ruling of the case. Respondents provide
The Fujian High Court held that the appellant Dai Mouhua intentionally and illegally deprived the life of another person, resulting in the death of one person. His behavior constituted intentional homicide, and he attempted to cover up the crime, evade investigation, and did not obtain the understanding of the victim's family. His criminal methods were cruel, the consequences were serious, the circumstances were particularly heinous, and the crime was extremely serious, and he should be severely punished. The appeal reasons and defense opinions of Dai and his defense counsel for lighter punishment cannot be established and will not be adopted. The prosecutor who appeared in court at the People's Procuratorate of Fujian Province suggested rejecting the appeal and supporting the original verdict. In summary, the original verdict determined the facts clearly, the evidence was true and sufficient, the conviction was accurate, and the sentencing was appropriate. The trial procedure is legal. The Judicial Committee of the Court has decided to reject the appeal and uphold the original verdict. And the death penalty ruling of Dai Mouhua shall be submitted to the Supreme People's Court for approval in accordance with the law.