Jiangxi man Cai Xiaohui (pseudonym) cohabited with a married woman Wang Yan (pseudonym) after prostituting at a massage parlor and gave birth to a daughter, and Wang Yan's husband Wang Ming (pseudonym) quarreled with Cai Xiaohui on the phone after learning of their relationship. After that, Cai Xiaohui found Wang Ming, took the excuse to sit in Wang Ming's van, drove the vehicle to the reservoir after forcibly grabbing the driver's seat, abandoned the car and left with the right front wheel of the vehicle dangling, and let Wang Minglian take the car into the reservoir, causing Wang Ming to drown. After two trials, the court finally sentenced Cai Xiaohui to death with a two-year suspension of execution. Recently, a ruling published by the China Judgment Documents Network disclosed the case.
A man prostitutes and meets a mistress
Deliberate revenge resulted in the drowning of his original partner
The facts found in the original trial are as follows: In 2017, defendant Cai Xiaohui had a relationship with Wang Yan (the wife of the victim Wang Ming) at a massage parlor in Xiushui County, Jiujiang City, and then Wang Yan went to Guangdong with Cai Xiaohui to work and live together, and had a daughter. After the victim Wang Ming learned of Cai Xiaohui's relationship with Wang Yan, he once quarreled and insulted Cai Xiaohui on the phone, but he never met, and the two sides did not know each other. Cai Xiaohui said that in the middle of 2018, Wang Ming called him and scolded him, saying that sooner or later he would have to kill him. On February 13, 2019, Cai Xiaohui drove from Xiushui County, Jiangxi Province, to Chongyang County, Hubei Province, and spent Valentine's Day with Wang Yan at the hotel on the 14th.
At about 10:00 p.m. on February 15, defendant Cai Xiaohui, based on the vehicle information and driving trajectory revealed by Wang Yan, found the Wuling van driven by Wang Ming at the intersection of Xinjian East Road in Chongyang County, falsely claiming to take a taxi to Shaping and sit in the passenger seat of the car. When the car drove to the vicinity of Dayuan at the junction of Gan'e and Hubei, Cai Xiaohui took the excuse to sit in the rear seat of the driver's seat, and then wrapped his arms around Wang Ming's neck from behind and forced him to drive the car himself. Later, Cai Xiaohui confirmed Wang Ming's identity and informed Wang Ming of his identity, and the two quarreled. At about 3:00 a.m. on February 16, when defendant Cai Xiaohui drove the car to the road section next to the Leigongyan Reservoir in Xiushui County, the right front wheel of the vehicle rushed out of the road and hung in the air. According to Cai Xiaohui's confession, after he stopped the brakes of the car, he asked Wang Ming if he wanted to die or live, and Wang Ming replied that if he died, he would die, and Cai Xiaohui could not run. Cai Xiaohui braked the car for several minutes, when he was thirsty, and took a bottle of mineral water in the main driver's door pocket and drank half of it. Then he opened the main driver's door, stepped on the side of the road with one foot, stepped on the brake with the other foot, propped up the umbrella (it was raining at the time), let go of the brake foot, and the car rushed all the way to the reservoir, and then Cai Xiaohui left on his own.
At about 1:00 a.m. on February 18, 2019, the rescue team lei gongyan reservoir salvaged the victim Wang Ming and his gray Wuling brand van. After appraisal, the victim Wang Ming was eligible for drowning and dying.
Photo: Visual China
First-instance judgment: Sentenced to death with a two-year suspension of execution
Wang Ming's mother, Jiang Mou, and son Yang Mou sued Cai Xiaohui in court.
The court of first instance held that defendant Cai Xiaohui was indignant because he was reprimanded and prevented by the victim for maintaining an improper relationship between men and women with the victim's wife, and deliberately retaliated by choosing to drive a vehicle to drop the victim into the reservoir, causing the victim to drown, the method was cruel, the consequences were serious, and his behavior constituted the crime of intentional homicide. After the incident, Cai Xiaohui voluntarily surrendered and truthfully confessed the main facts of the crime, constituting voluntary surrender, but his method of committing the crime was cruel and the consequences were serious, and he should be severely punished. Cai Xiaohui shall bear civil compensation liability for the material losses of the plaintiff in the attached civil lawsuit caused by his criminal conduct. Claims for compensation for losses such as death compensation, moral consolation payments, maintenance (support), search expenses, and funeral expenses have no legal basis and are not supported. The plaintiff's claim for compensation for vehicle damages in the attached civil lawsuit is within the scope of the incidental civil compensation in this case, but it has not provided effective evidence to confirm the amount of vehicle losses, so its claim for compensation of 50,000 yuan for vehicle losses has no factual and legal basis and is not supported, and the plaintiff in the attached civil action may file a separate civil lawsuit. The original judgment also found that the economic losses of the plaintiffs Jiang X and Yang X in the attached civil lawsuit of the original trial due to Cai Shuiqing's criminal conduct were 35,386 yuan in funeral expenses.
In summary, the judgment according to the relevant laws is as follows: 1. Defendant Cai Xiaohui committed intentional homicide and was sentenced to death, suspended for two years, and deprived of political rights for life. 2. Restrict the commutation of defendant Cai Xiaohui's sentence. 3. Defendant Cai Xiaohui compensated the plaintiffs Jiang X and Yang X for funeral expenses of RMB35,386 in the attached civil lawsuit. 4. Reject the other litigation claims of the plaintiffs Jiang X and Yang X in the attached civil lawsuit.
Second-instance judgment: The appeal is rejected and the original judgment is upheld
Cai Xiaohui was not satisfied with the criminal part of the judgment, and Jiang and Yang were not satisfied with the civil part of the judgment and appealed separately.
Cai Xiaohui's appeal and his defender's defense proposed: 1. Cai Xiaohui was not a premeditated murderer, did not actively pursue the result of the victim's death, and subjectively did not have a direct intention to kill. 2. Cai Xiaohui voluntarily surrendered and truthfully confessed his crime before the judicial organs grasped the main facts of his crime, and should be deemed to have surrendered voluntarily. The sentence at first instance is too heavy, and the court of second instance is requested to give a lighter punishment.
The plaintiffs Jiang X and Yang X, the plaintiffs in the attached civil lawsuit of the original trial, appealed that Cai Xiaohui should compensate him for death compensation, living expenses of the dependents, expenses directly incurred in search of the victim, and vehicle damage costs, totaling RMB590,000.
After investigation, first, witness Wang Yan confirmed that before the incident, Cai Xiaohui had discussed with him to teach the victim Wang Ming a lesson. Cai Xiaohui knew that the vehicle falling into the reservoir would lead to the death of the victim Wang Ming, but still abandoned the car and fled, subjectively having the intention to pursue the result of the victim's death. Second, the situation statement issued by the investigation organ confirmed that Cai Xiaohui had been identified as a major criminal suspect before he went to the Xiushui County Public Security Bureau. Cai Xiaohui's wish to go to the public security organs is not to surrender himself, but to get rid of his suspicions by explaining the situation. During the interrogation by the investigating organs, he also denied that he was related to the death of the victim, Wang Ming. Cai Xiaohui was forced to make a confession of guilt when the investigating authorities had identified him as a suspect in a major crime and had some evidence. Therefore, Cai Xiaohui's purpose in going to the public security organs was not to voluntarily surrender, nor did he truthfully confess the facts of his crime. Cai Xiaohui's actions do not constitute voluntary surrender.
The court held that the appellant Cai Xiaohui was scolded by the victim for maintaining an improper relationship between a man and a woman with the victim's wife, and deliberately retaliated, causing the victim to fall into the reservoir and drown, and his behavior constituted the crime of intentional homicide. Although Cai Xiaohui confessed, the nature of his crime was heinous and the consequences were serious, and he should be severely punished. Neither Cai Xiaohui's grounds of appeal nor the defender's defense opinion can be established. Death compensation and living expenses of dependents do not fall within the scope of criminal incidental civil compensation, so the plaintiffs Jiang X and Yang X of the attached civil lawsuits of the original trial appealed, requesting Cai Xiaohui to compensate for death compensation and living expenses of the dependents, which had no legal basis and were not supported. Cai Xiaohui's criminal act caused direct economic losses such as the plaintiff's vehicle in the attached civil lawsuit of the original trial, and a separate civil lawsuit may be filed. The procurator of the Jiangxi Provincial People's Procuratorate who appeared in court submitted that the first-instance judgment found that Cai Xiaohui's erroneous opinion of voluntary surrender was correct and adopted. The original judgment found that the facts of Cai Xiaohui's crime were clear, the evidence was credible and sufficient, the conviction was accurate, and the sentence was appropriate. The trial proceedings were lawful. There is nothing wrong with an attached civil part of the judgment.
In summary, according to the relevant laws, the ruling is as follows:
The appeal was dismissed and the original judgment was upheld.
(The characters in the text are pseudonyms)
Intern Li Yufei Xiaoxiang Morning News reporter Zhou Dun