laitimes

The unjust case caused by "case interpretation" and "love triangle"

【Case】

It was a bizarre school murder. Behind the entanglement of love, school and friendship, there is a hidden killing machine. Three men and one woman were involved in the case. After one of the men was killed, the other three presented inconsistent defenses and testimonies. Contradictory pointing proves that someone is lying.

Zeng Aiyun, Li Xia (female), Zhou Yuheng and Chen Huazhang all graduated from the School of Mechanical Engineering of Xiangtan University in Hunan Province 15 years ago. Zeng Aiyun and Zhou Yuheng's girlfriend Li Xia had a good feeling for each other, and the three fell into a love triangle.

At about 20:00 on October 27, 2003, the three met to solve their emotional problems. Zhou Yuheng had a drug reaction due to drinking water that had been put into the tablets in advance, and after meeting, the body was found at 23:40 on the same day. After investigation by the police, his direct death was due to the suffocation of the rope.

After the incident, Chen Huazhang said that he witnessed Zeng Aiyun's murder, and the police determined that Zeng Aiyun and Chen Huazhang had a major suspicion of killing Zhou Yuheng. The Xiangtan Intermediate People's Court sentenced Zeng Aiyun to death and Chen Huazhang to life imprisonment three times in September 2004, December 2005, and June 2010.

On July 21, 2015, the Xiangtan Intermediate People's Court again ruled that Zeng Aiyun was not guilty; Chen Huazhang was guilty of intentional homicide, the facts were clear and the evidence was sufficient. The motive for his murder was that Zhou Yuheng was heavily influenced by his mentor, and Chen Huazhang was jealous, so on the evening of October 27, 2003, in Room 308 of the Engineering Men's Building of Xiangtan University, he threw a tranquilizer into the tea that Zhou Yuheng drank. Subsequently, there was a drug reaction, and Zhou Yuheng, who was dizzy and weak, was invited to meet with Zeng Aiyun and Li Xia under the support of Chen Huazhang, and was later killed in room 308.

In the end, the court acquitted defendant Zeng Aiyun and another defendant, Chen Huazhang, was sentenced to life imprisonment for intentional homicide and deprived of political rights for life.

【Lawyer's Opinion】

Article 37 of the Constitution of the People's Republic of China: The personal freedom of citizens of the People's Republic of China shall not be infringed. No citizen who has been approved or decided by the people's procuratorate or a decision of the people's court and enforced by the public security organs shall not be arrested.

Article 38: The personal dignity of citizens of the People's Republic of China shall not be infringed upon. It is forbidden to insult, slander and frame citizens by any means.

The so-called inviolability of personal dignity also means that the personality rights of citizens are not violated. Personality rights are the qualifications of people who are legally the subjects of rights and obligations, and they are also the minimum qualifications for being human.

【Lawyer's Eye-catching】

In 2013, the Central Political and Legal Affairs Commission issued the Guiding Opinions on Effectively Preventing Unjust, False and Wrongly Decided Cases, which is the progress and determination of China's judicial reform. Personal freedom is a very important right and freedom of citizens, and the Constitution and laws recognize and guarantee that citizens' personal freedom is not infringed upon, which is of great significance to protecting citizens' rights, maintaining social order, and implementing the rule of law. (Xue Fanzi, Director of the Civil Law Committee of Changzhi Lawyers Association and Director of Shanxi Xuhe Law Firm)

Source: Shanxi Legal Daily Changzhi Channel

Editor-in-Charge: Yang Jin

Read on