Prosecutor discloses details of protest, 11 year old boy forced to use drugs and beaten to death case | Wang | Death case
Prosecutor: We have determined through reviewing the autopsy report, re examining the scene, and other methods that Wang's means of injury have made An Moujia feel "worse off than dead" until death; By interrogating accomplices, it was determined that while An Moujia was extremely weak, Wang even forced him to use drugs, accelerating his death, and the crime was particularly heinous; Through visits and verification, it was found that Wang had been semi publicly abusing two minors for a long time, causing fear and fear among the surrounding population. He dared not testify for fear of retaliation, seriously endangering social security. Considering Wang's subjective malice and personal danger, he is deemed to have committed an extremely serious crime and should be sentenced to death with immediate execution.
On July 6, 2023, in the 45th batch of guiding cases released by the Supreme People's Procuratorate, a drug-related criminal group case involving particularly cruel means, particularly heinous circumstances, and particularly serious crimes attracted attention.
Recently, the reporter contacted Wang Xiaolan, the director of the Second Prosecutor's Department of the Sichuan Provincial People's Procuratorate, who participated in the handling of the case, for in-depth dialogue on the process of handling the case and the work of not being prosecuted.
Wang Xiaolan: From the end of November 2017 to January 2019, Wang organized Long, Wang Xiang, and Mi Hua to sell drugs and heroin in small packages 36 times in Panzhihua City, Sichuan Province, in order to seek illegal benefits, and allowed many people to use drugs in their rented housing. To cover up the fact of drug crimes, Wang gave a gift of 100 yuan worth of goods to drug user Ji, and "adopted" Ji's two sons, An Moujia and An Mouyi, due to conditions. He controlled and coerced the two to help him with drug trafficking, and continued to beat and abuse him, repeatedly forcing An Mouyi to use drugs. On the evening of January 22, 2019 to the early morning of the next day, Wang learned that An Moujia had informed Ji about the drug trafficking situation of the gang. Despite Wang's dissuasion, he teamed up with Long to beat and electrocute An Moujia in a rented house, and forced An Mouyi to beat An Moujia. He also instructed Long to force An Moujia to take drugs. On the morning of January 23 of the same year, An Moujia died of hemorrhagic and traumatic shock due to extensive skin and soft tissue contusions and subcutaneous bleeding throughout the body. After the incident, Wang's relatives reached a compensation agreement with Ji, agreeing that after Wang's relatives compensated 50000 yuan, Ji would issue a letter of understanding, and the remaining amount would be paid before December 31, 2021.
Wang Xiaolan: In May 2020, the first instance court held that Wang was the ringleader of a criminal group with evil forces and should have been severely punished. However, considering compensating the victim's family for some economic losses and obtaining forgiveness, he was sentenced to death for intentional injury, with a two-year suspension of execution and a restriction on sentence reduction. The Panzhihua Procuratorate believes that Wang's crime is extremely serious and should be sentenced to death with immediate execution; Inappropriate sentencing in the first instance should be protested and reported to the provincial procuratorate.
After investigation, our hospital found that Wang controlled and used two minors for drug trafficking for a long time, and physically assaulted and abused them for a long time. He also feared that the crime would be exposed and physically assaulted the minor An Moujia for a long time, ultimately resulting in his death. Wang constituted the crime of intentional injury. The determination of a crime is accurate, and the key issue is sentencing. According to the Guiding Opinions of the Supreme People's Court on the Correct Application of the Death Penalty in the Trial of Cases of Intentional Murder and Intentional Injury, the application of the death penalty for intentional injury crimes should be more cautious and strict than that for intentional homicide crimes. Only for defendants with particularly serious criminal consequences, particularly cruel means, and particularly heinous circumstances can the "immediate execution of the death penalty" be applied. In this case, whether Wang meets the "three special requirements", whether the death sentence with a reprieve is appropriate, and how to grasp the application standard of "immediate execution of the death penalty" in cases of intentional injury causing death have become the biggest controversial focus of this case. Furthermore, whether the compensation understanding in this case is sufficient to affect the sentencing of Wang also requires further examination and judgment.
Wang Xiaolan: Yes. On June 7, 2020, the Panzhihua Procuratorate filed a protest on the grounds of improper sentencing of Wang in the first instance judgment. Our court, focusing on the above key issues, has supplemented and improved multiple sets of evidence by guiding public security organs to conduct supplementary investigations and self supplementary investigations, effectively consolidating the evidence foundation supporting the protest.
We determined through reviewing the autopsy report and conducting a re examination of the scene that Wang's means of injury made An Moujia feel like he was alive or even dead; By interrogating accomplices, it was determined that while An Moujia was extremely weak, Wang even forced him to use drugs, accelerating his death, and the crime was particularly heinous; Through visits and verification, it was found that Wang had been semi publicly abusing two minors for a long time, causing fear and fear among the surrounding population. He dared not testify for fear of retaliation, seriously endangering social security. Considering Wang's subjective malice and personal danger, he is deemed to have committed an extremely serious crime and should be sentenced to death with immediate execution.
In order to accurately determine the impact of compensation forgiveness on sentencing in this case, we conducted a comprehensive review and verification of the relevant situation, and found that Wang's relatives used Ji's letter of understanding, the court did not apply the "immediate execution of the death penalty" to Wang, and only paid the full amount two years after the incident as additional conditions for partial compensation in advance, which cannot reflect the defendant's sincere remorse. Moreover, Ji, a drug user, gave up his legal custody obligation in order to collect 100 yuan worth of heroin and handed over his two children to drug dealers for control. He remained indifferent to the injuries on his child's body for a long time and was considered a guardian with a serious fault. The impact of the letter of understanding issued by him on sentencing should be different from that of the letter of understanding issued by the guardian who fulfilled the responsibility of custody and education. Wang's violent behavior towards two minors was aimed at controlling them from committing drug crimes. Although he received forgiveness from Ji, his damaged social relationships were not repaired and should not be punished lightly. In August 2020, our court decided to support the protest.
Wang Xiaolan: During the review of the case, we learned that the victim An Mouyi was forced to take drugs by Wang and others, and was forced to participate in the beating of her brother An Moujia. She suffered great physical and mental trauma, and her emotions were very unstable. She refused to state any information related to the case. Therefore, the procuratorial organs actively searched for the whereabouts of An Mouyi and cooperated with relevant departments to provide integrated protection for him through various means.
In response to An Mouyi's psychological trauma, the procuratorial organs promptly provided psychological counseling to help him unravel his emotional knots and gradually guide him to start normal communication with others. Later, An Mouyi made a complete statement to the prosecution about his experience on the night of the crime, which directly reproduced the main process of the crime. The procuratorial organs at the place of the incident and where An Mouyi resides also regularly visit An Mouyi's school to care about his physical and mental health while protecting privacy, and provide timely psychological counseling.
In view of the situation of An's mother serving a sentence, his father missing, and the fact that no one is raising him, the Panzhihua Municipal Procuratorate suggested that the public security organ carry out a missing person investigation and evidence collection for his father by investigating his father's life trajectory, visiting his relatives and grass-roots organizations in registered residence, etc. Based on the investigation, the hospital promoted the convening of a joint coordination meeting among multiple departments. Later, the local civil affairs department determined that An Mouyi had "no child to be raised in fact" and changed his guardian to his maternal grandfather. The Sichuan Provincial Procuratorate has applied for judicial assistance funds for An Mouyi and entrusted a third party to supervise the judicial assistance funds, ensuring that the assistance funds are disbursed on time and in full for An Mouyi's use. The procuratorial organ also coordinates the public security, education and other departments to solve the registered residence, enrollment, living subsidies and other problems of A and B. At present, An Mouyi's living condition and physical and mental condition are good, and he has gradually emerged from the shadow of infringement and returned to a normal life.
During the handling of the case, the prosecutor repeatedly visited and investigated the community where the case occurred, delving into the social governance issues behind the case. In response to the three issues discovered in urban housing rental supervision, drug control, and street security inspections, the Panzhihua City Procuratorate issued prosecutorial suggestions, and relevant departments actively rectified and implemented the real name registration system for rental housing; Conduct a community based inventory of registered drug users and require those who have been released from prison to register and file; Establish a public security patrol team, increase the frequency and strength of patrols, and support the blue sky of rule of law for the people.
Wang Xiaolan: In my opinion, there are several guiding significance in the following aspects: the procuratorial organs fully utilize the value of the criminal protest system, clarify the application standards of the death penalty in cases of intentional injury leading to death through protest, and adhere to the application of the death penalty in accordance with the law for those who use minors to commit drug-related crimes and harm minors, resulting in their death; Conduct a substantive review of the letter of understanding, clarifying that for violent criminals who seriously endanger social security, seriously affect the sense of security of the people, and seriously challenge the public's moral bottom line, even if they receive forgiveness from the victim, it is not enough to receive lenient punishment; By leveraging the advantages of integrated prosecution, we can provide judicial protection for minors, formulate prosecutorial recommendations, and systematically carry out legal supervision to achieve the effect of handling one case and governing one area.
