Why is the death sentence only suspended?, Forcing an 11 year old teenager to use drugs, trade drugs, and beat him to death as a minor | Wang | Youth
The homicide occurred on the morning of January 23, 2019.
In a rented house in Panzhihua City, Sichuan Province, teenager An Moujia was continuously beaten for several hours and ultimately died. According to forensic identification, An Moujia not only has extensive bruises and scars all over his body, but also shows signs of acute heroin poisoning.
How could an underage child be related to drugs? On July 6th, 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 was disclosed.
At the trial site
Inform the mother of the drug trafficking situation
An 11 year old boy was beaten to death
Wang is a drug addict and is also suspected of using drug trafficking to support him. He often organizes his accomplices Long, Wang, Mi, and others to take drugs in a rented house in Panzhihua City, Sichuan Province.
There are also two children living with them - An Moujia, who was beaten to death, and his brother An Mouyi. And these two brothers have no blood relationship with Wang.
The mother of the two brothers, Ji, has a serious drug addiction. In June 2018, Ji gave his two sons, An Moujia and An Mouyi, to Wang for adoption in exchange for heroin worth 100 yuan.
Wang forced his two children to engage in small package drug trafficking and beat them with plastic tubes, electric batons, and other tools if they disobeyed. In order to better control these two children, Wang and others even forced them 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 his mother Ji about the drug trafficking situation of the gang. He and his accomplices used cigarette butts to heat, plastic pipes, electric batons and other tools to beat and electrocute An Moujia in the rented house, and forced An Mouyi to beat An Moujia. On the morning of the 23rd, An Moujia died of hemorrhagic and traumatic shock due to extensive skin and soft tissue contusions and subcutaneous bleeding throughout his body.
After the incident, Wang's relatives reached a compensation agreement with Ji, agreeing to compensate 100000 yuan. On December 5, 2019, Ji issued a letter of understanding after his family received an advance payment of 50000 yuan.
Improper sentencing
The procuratorial organ filed a protest
On May 29, 2020, the Intermediate People's Court of Panzhihua City made a first instance judgment on the case of Wang and others involved in drug related criminal groups. The defendant Wang, in the crime of intentional injury, used cruel means and committed heinous acts, which should have been severely punished. However, considering that he had compensated the victim for some economic losses and obtained forgiveness, he was sentenced to death for the crime of intentional injury with a two-year reprieve and deprived of political rights for life; Sentenced to fourteen years imprisonment and fined 50000 yuan for the crime of drug trafficking; Sentenced to eight years imprisonment and fined 20000 yuan for the crime of forcing others to take drugs; Sentenced to three years imprisonment and fined 10000 yuan for the crime of accommodating others to take drugs, and punished for multiple crimes. The death penalty was decided, with a two-year suspension of execution, deprivation of political rights for life, and a fine of 80000 yuan, with a restriction on sentence reduction.
At the trial site
On June 7, 2020, the Panzhihua City Procuratorate filed a protest on the grounds of lenient sentencing. Wang and three other defendants filed an appeal.
The procuratorial organs believe that the first instance court sentenced Wang to death with a reprieve on the grounds that he was compensated by the relative of the defendant Wang and obtained forgiveness from the victim, which is clearly inappropriate in sentencing:
The defendant's "compensation" for the victim's losses belongs to the obligation that he should perform in accordance with the law, and is not a necessary condition for lenient punishment. Moreover, the "compensation" in this case is attached with the conditions such as the letter of understanding issued by the victim's relatives, the immediate execution of the death penalty by the court, and the payment of the full amount after two years, which is not sincere repentance;
The victim's mother, Ji mou, was a drug addict. she gave up her legal obligation to raise only to collect heroin worth 100 yuan. she handed over two young children to drug dealers for control and abuse. she also ignored the scars of the two victims for a long time. the letter of understanding issued by Ji mou as the subject of understanding was not enough to produce the legal consequences of lenient punishment;
The motive and purpose of the defendant Wang's "adoption" of two children and intentional injury was to control and coerce the two children to commit drug crimes. For extremely serious crimes of this kind, even if a compensation understanding agreement is reached, it is not enough to produce lenient The legal consequences of punishment.
It is also indicated that the defendant Wang, as the primary member of a criminal group with evil forces, has long controlled and used minors to sell drugs, and has engaged in acts of beating, abusing, and injuring minors to death. His criminal motives are despicable, his methods are cruel, and the circumstances are heinous. He is considered an extremely serious criminal and should be executed immediately with the death penalty in accordance with the law.
On October 30, 2020, the Higher People's Court of Sichuan Province made a second instance judgment, adopting the procuratorate's protest opinion, and sentenced Wang to death for intentional injury, with a combined punishment for multiple crimes, and decided to execute the death penalty.
In March 2021, the Supreme People's Court ruled to approve the death penalty.
Comprehensive assistance
Comprehensive assistance to minors involved in the case
My older brother was brutally murdered, and my younger brother was homeless.
It is reported that the mother of the two brothers, Ji, was transferred to prison for drug trafficking. Her father is a drug user and has been missing for many years.
The Sichuan Provincial People's Procuratorate actively promoted the local civil affairs department to identify the victim An as a "de facto childless child", change the guardian to his grandfather, coordinate to solve the problems of registered residence, school enrollment, living subsidies, etc., carry out psychological counseling, give judicial assistance, and entrust a third party to supervise the judicial assistance funds.
In response to the issues exposed in this case, such as urban housing rental supervision, key personnel management, and street security inspections, the Panzhihua City Procuratorate has issued procuratorial suggestions to relevant departments to promote the implementation of rectification and strengthen social security prevention and control.
