On the morning of December 31, 2021, Zhang Zhijun's murder of his son-in-law's family of three fell to the hammer, and the Sichuan Provincial High People's Court retried and pronounced judgment on the case in Mianyang Prison, Sichuan Province.
The first-instance trial of the case was executed by the Chengdu Intermediate People's Court in the first instance. On October 28, 2020, the Sichuan Higher People's Court changed the second-instance judgment to Zhang Zhijun's death suspension, which aroused public concern. This time, the result of the first-instance judgment was changed back, so that the Sichuan Higher People's Court once again became an "Internet celebrity".
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The main contents of the retrial judgment:
» About grabbing children
The Court held that: At the same time, the evidence in the case cannot confirm that the three victims had the preparation or plan to rob the child Zou XX: First, according to the testimony of Zou Mouhai's brother and colleagues, it was confirmed that Zou Mouhai and his wife said that they planned to go to Zou X's home for the New Year and visit their granddaughter before they went to Pengzhou, and did not reveal the intention of bringing back their granddaughter Zou XX to raise or to help raise Zou XX; second, the public security organ's explanation of the trajectory of the deceased, the relics, and the items carried on the day of the crime, confirming that Zou X and the other three victims carried mobile phones, keys, bills and other necessary items to the scene of the crime. Without carrying packages and other items, Zou only had three people's identity documents and daily necessities in the rented house, and did not find that there were children's milk powder, toys, clothing, etc., which could not confirm that Zou and the other three had made advance preparations for snatching the child; the third was the on-site inspection records and photos, Yao Mouying's testimony, Zhang Zhijun's confession, and the witness Yang Moufen's leather shoes were taken off next to the sofa at the scene, proving that Yang Moufen took off the leather shoes he wore on the day after entering the house of the crime, which contradicted Zhang Zhijun and Yao Mouying's description that Yang Moufen entered the house and snatched the child.
Zhang Zhijun should have treated his daughter's family conflicts correctly and rationally, but he was narrow and extreme, and in order to prevent the victims from holding the child, he resorted to extreme means to commit murder and murder, and was unrestrained. Zhang Zhijun and his defender's argument that the three victims beat Yao Mouying and robbed Zou X after entering the star cannot be established, and this court does not accept the defense and defense opinion that the contradiction is at fault.
» Forgiveness concerning the victim's close relatives
The court held that the Criminal Procedure Law stipulates that close relatives refer to husbands, wives, fathers, mothers, sons, daughters, and siblings. There are three victims in this case, and zhang Yu and his daughter Zou X are certainly close relatives of the victim Zou X, but the six complainants in this retrial are also close relatives of the victims Zou X Hai and Yang X Fen. The forgiveness of the victim's close relatives is often based on the defendant's sincere remorse and active compensation, which reflects the reduction of the defendant's personal danger and subjective malignancy, and the reduction of the necessity of crime prevention.
» On whether Zhang Zhijun had the intention to kill people
The retrial verdict shows that Zhang Zhijun and his defender submitted that Zhang Zhijun took the initiative to ask the property management personnel to dial 120 to save people, confirming that he subjectively had no intention of killing people. In this regard, the court held that Zhang Zhijun, as an adult, knew that stabbing others in the chest and abdomen could cause death, and still held a sharp knife to stab Zou X's chest four times in a short period of time, Yang Moufen's chest three times, and Zou X Hai's chest and abdomen once, causing Zou X's heart, large blood vessels, and left lung to rupture, Yang X Fen's heart and left lung to rupture, Zou X Hai's liver to rupture, and all three of them died of massive bleeding due to organ rupture, "and their intention to kill was obvious." "Zhang Zhijun dialed 120 to reflect that he had a certain attitude of remorse after committing the crime, but he could not deny his intention to kill at the time of the crime."
The court held that the defense and defense opinions of Zhang Zhijun and his defender that there was no intention to kill people could not be established and were not adopted.
The court held that the defendant in the original trial, Zhang Zhijun, could not correctly handle his daughter's family dispute, stabbed others with a sharp knife, and caused the death of the three victims, and his behavior has constituted the crime of intentional homicide.
The judgment shows that the court found that the reasons for the appeal put forward by the close relatives of the victim and its agent ad litem were established; the opinion that Zhang Zhijun caused the death of three members of Zou Mouhai's family mentioned by the procurator appearing in court of the Sichuan Provincial People's Procuratorate was established, and the court adopted it.
"The original second-instance judgment's analysis of the admissibility of some of the evidence was not comprehensive enough, and it was found that the victim was directly responsible for the intensification of the contradiction, and that Zhang Zhijun had obtained the victim's lack of forgiveness, and other circumstances were wrong, resulting in an improper sentencing of Zhang Zhijun, and this court corrected it according to law."
In this retrial, the Sichuan Provincial High People's Court revoked the sentencing part of Zhang Zhijun in the previous second-instance trial, changed his sentence to death, and deprived him of political rights for life.
Source: The Paper
On April 12, the official microblog of the Sichuan Provincial High People's Court announced that the intentional homicide case of Zhang Zhijun in the second instance of our hospital recently attracted public attention, and our hospital attaches great importance to this and is seriously evaluating the case according to law, and will earnestly achieve strict justice, safeguard fairness, accept supervision, and respond to concerns.
According to a previous report by China News Weekly, Zou Mou, a man in Pengzhou, Sichuan Province, was killed by his father-in-law Zhang Zhijun because of his divorce from his wife and disputes over the adoption of children.
According to the second-instance judgment of the case, in January 2019, after the woman went out to work, her father-in-law and mother-in-law took care of the child at home, and the man and his parents came forward to rob the child after entering the house, and the two sides scratched.
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Zou Shuo, born in 1986, is the only son in the family, and his father Zou Chenghai and mother Yang Huifen are both teachers at a middle school in Maochengzi Town, Gongzhuling City. Zou Chenghai, 58, a year older than his wife, Yang Huifen, teaches at the same school and is both senior teachers, and Zou Chenghai also holds leadership positions at the school.
When he was in college in Hebei Province, Zou Shuo met his wife Zhang Mou. After graduating from university, Zou Shuo first worked in Hubei, and later transferred from Hubei to Pengzhou, Sichuan in order to be with Zhang.
In 2013, the two married, and Zou Chenghai and his wife invested 160,000 yuan to sponsor the two families to buy a house and a car. In July 2017, Zou Shuo and Zhang Mou's daughter-in-law was born, and his father-in-law Zhang Zhijun and his mother-in-law, who were far away in Baoding, Hebei Province, rushed to Pengzhou to help them take care of the children.
Group photo of the victim's family
The advent of new life brings a lot of happiness, and with it comes contradictions. In October 2017, Zou Shuo was expelled from his home by his parents-in-law and forced to rent a house, and before the incident, Yang Huifen and his wife lived in their son's rental house after arriving in Pengzhou.
On January 10, 2019, Zou Shuo and his parents came to his father-in-law's house.
That morning, Zou Shuo's father-in-law Zhang Zhijun and his wife were at home taking care of their granddaughter when they heard a knock at the door and saw Zou Shuo and his parents when they opened the door. The two sides then had a heated argument over the custody of the child.
"Zou Shuo grabbed my wife's hair and pressed it on the sofa, I went to stop them, Zou Father pushed me against the wall, I saw them robbing children, I wanted to scare them with knives."
This knife to remove sheep bones was bought by Zhang Zhijun near the vegetable market before the winter solstice in 2018, "I pointed at the tip of the knife and told them to let go, but they did not respond to me, I stabbed a knife into Zou Shuo's chest, and then another knife, he did not move on the sofa." ”
Zhang Zhijun said that at this time, Zou Shuo's mother was still robbing, he stabbed her chest twice with a knife, she sat directly on the sofa and did not move, "Zou Father saw that I stabbed his wife and son, he pounced on me head-on, I stabbed him with a knife, he fell on the living room floor and did not move, I wanted to call the police to turn myself in, but I did not get through after 3 calls." ”
On the same day, Zhang Zhijun was criminally detained on suspicion of intentional injury, and on April 3 of the same year, he was arrested on suspicion of intentional homicide. On October 8, 2019, the Chengdu Municipal People's Procuratorate indicted Zhang Zhijun for intentional homicide.
In court, Mr. Zhang disputed the facts of the crime alleged by prosecutors, but argued that it was not intentional homicide. Zhang Zhijun's wife admitted, "Sometimes when I argue with Zhang Zhijun, he speaks loudly and has a short temper. ”
It is reported that Zhang Zhijun's father had suffered from mental illness before, and relatives said that they did not know whether Zhang Zhijun had any disease in this regard.
On December 20, 2019, the Chengdu Intermediate People's Court sentenced Zhang Zhijun to death for intentional homicide in the first instance, depriving him of his political rights for life.
After the verdict was pronounced at the first instance, Zhang Zhijun was not satisfied and appealed to the Sichuan Provincial High Court.
Source: Sichuan Provincial High People's Court, China News Weekly, Oriental Law Search