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[Case Report]
Criminal suspects who admit guilt and accept punishment usually have a remorse attitude and defend themselves, but Li Yunjun, a prosecutor at the Kaifu District Procuratorate in Changsha City, Hunan Province, encountered an arrogant "confessor."
The warm man I met on the Internet turned out to be a person who had been released from prison, and the woman filed for divorce and was violently hammered. After the public security organs transferred the case for review and prosecution on suspicion of intentional injury, the procuratorate found that the criminal suspect Guo Mouchun had a frivolous attitude when he was examined, but voluntarily pleaded guilty, and after supplementing the investigation on his own, he prosecuted Guo Mouchun on suspicion of intentional homicide with sufficient evidence. In the end, Guo Mouchun was punished by the law.
Divorce leads to violent beatings
On February 23, 2022, the Kaifu District Public Security Branch of the Changsha Municipal Public Security Bureau received a report: At the divorce registration office of the government affairs center, Guo Mouchun, who was going through the divorce procedures, suddenly hammered Ms. Huang, causing Ms. Huang to be injured and fall in a pool of blood. When the police arrived at the scene, the victim, Ms. Huang, had been taken to the hospital, and Guo Mouchun was sitting on the sofa, and there were still blood stains on the hammer on the ground.
After arriving at the case, Guo Mouchun confessed the facts. In April 2021, Guo Mouchun, who was released from prison after completing his sentence, met Ms. Huang, a teacher at a school, through an online dating platform, and the two registered their marriage half a year after they met. Soon after the marriage, Ms. Huang learned that Guo Mouchun had been criminally punished for violent crimes, so she filed for divorce. During the divorce procedures, Ms. Huang's attitude eased, and she proposed to calm down with each other, and entrusted the divorce to her male friend Bi to deal with. Guo Mouchun thought that Huang and Bi had an improper relationship between men and women, and wanted to "teach them a lesson".
On February 23, 2022, Guo Mouchun carried a solid hammer with him and made an appointment with Ms. Huang and Bi to come to the Civil Affairs Bureau. During this period, due to Ms. Huang's cold attitude, Guo Mouchun felt hatred, and took advantage of Ms. Huang's unpreparedness to hit her head and face with a hammer. After being stopped by the staff, Guo Mouchun regained his composure and put down the hammer, saying that he would not hurt anyone, and was then taken away by the public security organs.
After investigation, the police found that the facts described by Guo Mouchun were basically consistent with the course of the case. In March 2022, the public security organs transferred the case to the Kaifu District Procuratorate for review and prosecution on suspicion of intentional injury.
Li Yunjun, the procurator in charge, discovered suspicious points when he was carrying out the review work.
The true intention behind the arrogant confession
It can be seen from the victim's injuries that although the injuries were minor at the first level, the parts attacked by the criminal suspect Guo Mouchun with a hammer were concentrated on the victim's head, and due to the large force of the blow and the critical part of the blow, the victim suffered multiple fractures. According to the attending doctor, Ms. Huang was in a state of shock when she arrived at the hospital, her vital signs were unstable, and she was arranged to be admitted to the ICU for rescue, and the hospital had issued critical illness notices several times.
The above testimony and injury evaluation can prove that Guo Mouchun objectively posed a fatal hazard to the victim.
Li Yunjun further discovered through the review of the case file that Guo Mouchun's confession seems to be complete and can corroborate with the testimony of witnesses, but there is one detail that has been overlooked: After the victim's attitude has eased, why did he suddenly entrust the divorce to a male friend?
Li Yunjun questioned the victim, Ms. Huang, and she said that after filing for divorce, she was dragged by Guo Mouchun at home and strangled her neck with a mobile phone charging cable. In the injury appraisal report, there is such a description: Ms. Huang's left arm was bruised and her neck was pinched red, which was different from the part where Guo Mouchun was hit with a hammer, and it was an old injury. This can corroborate Ms. Huang's statement, and it can also confirm that Guo Mouchun has obvious violent tendencies in the daily life of the two, which makes Ms. Huang afraid of her.
When Li Yunjun interrogated the criminal suspect Guo Mouchun, he questioned that he had caused personal injury to Ms. Huang without truthfully confessing, and Guo Mouchun actually avoided the prosecutor's question: "I just hit her with a hammer, sentence me early, don't waste time." ”
The criminal suspect's confession cannot be corroborated with other evidence, and the victim's injuries and statements cannot restore the truth of the case. Li Yunjun believes that a more complete chain of evidence is needed to characterize the case.
Through comprehensive analysis, Li Yunjun guided investigators to go to the scene of the crime several times, broaden the clues of witnesses, and further supplement evidence.
Li Yunjun found that the tool Guo Mouchun used in the robbery in 2008 was a hammer, and this time he used a hammer to commit the crime. "There are dozens of hammers available on the market, each with different uses. Was Guo Mouchun's choice of this hammer accidental or deliberate?"
With questions, Li Yunjun visited the person in charge of the store where Guo Mouchun bought the hammer. The shopkeeper recalled: "He (Guo Mouchun) said that he wanted to buy a hammer, and I asked if I would buy a carpenter's hammer or a mason's hammer, and he finally bought a mason's hammer." The owner also explained that the mason hammer is mainly used to smash walls and floor tiles. Li Yunjun found that carpentry hammers were relatively small and lighter, while masonry hammers were larger and stronger.
This testimony convincingly confirms that Guo Mouchun deliberately purchased a murder weapon with a certain lethality, waiting for an opportunity to cause harm to the victim. Combined with the characteristics of Guo Mouchun's murder and the consequences caused, it can be determined that his conduct has reached the level of intentionally depriving others of their lives.
After comprehensive evidence collection and careful argumentation, the truth behind this case has finally been restored.
The sin behind "a hammer".
In fact, Guo Mouchun is not only not the "rich and handsome" he described on the marriage platform, but has a lot of criminal records, and was sentenced by the court for theft in 1991 and robbery in 2008, and was only released from prison in January 2020. After that, Guo Mouchun deliberately created the illusion that he was financially strong and considerate, deceived the trust of the victim Ms. Huang, and registered her marriage.
Ms. Huang found out that Guo Mouchun had served a prison sentence in the past, and after realizing that she had been deceived, she filed for divorce from her, and Guo Mouchun entangled Ms. Huang in every way by asking for money and violent treatment, and because she suspected that Huang and Bi had an improper relationship between men and women, she held a grudge against her, so she bought tools for committing the crime, hid them on her body and brought them into the government affairs service center, and violently attacked Ms. Huang while knowing the consequences of hitting others on the head with a hammer.
During the review period, because of his experience in similar crimes, Guo Mouchun had a certain understanding of relevant laws and regulations, and after learning that Ms. Huang's injuries were identified as minor injuries of the first degree, he believed that as long as he cooperated with the procuratorate to complete the plea work, he could be convicted of intentional injury, and the sentencing may be less than three years in prison, so he readily pleaded guilty.
After review, the procuratorate found that although criminal suspect Guo Mouchun caused the victim minor injuries of the first degree, he prepared a solid hammer, the tool used to commit the crime, in advance, and repeatedly attacked the victim's head, and the subjective purpose was not intentional injury, but knowing that his actions would cause a real and imminent danger to the lives of others, and that he was a recidivist and that the harm to society was great, and that the crime of intentional injury could not be determined, and should be characterized as the crime of intentional homicide (attempt).
So far, on the premise that all the apparent evidence points to the crime of intentional injury, the procuratorate has guided the investigating agency to collect evidence in an all-round way, forming a closed loop of the evidence chain, and successfully changing the characterization of the case. On August 9, 2022, the Kaifu District Procuratorate indicted the suspect Guo Mouchun on suspicion of intentional homicide.
On January 10, 2023, after trial, the court recognized the characterization and sentencing recommendation of the procuratorate, and sentenced the defendant Guo Mouchun to 11 years in prison for intentional homicide, and compensated the victim more than 120,000 yuan.
In February 2023, the judgment was executed. In order to help the victim Ms. Huang relieve difficulties, during the handling of the case, the Kaifu District Procuratorate cooperated with relevant units to explain the law to the criminal suspect Guo Mouchun, patiently persuaded him, urged him to sign divorce-related documents, and applied for judicial relief funds for the victim Ms. Huang.
【Rescue process】
When handling the case of Guo Mouchun's intentional homicide, the criminal prosecution department of the Kaifu District Procuratorate found that Huang might face urgent difficulties in family life due to the case, and transferred the clues of judicial assistance to the prosecution department for accusation and appeal. After investigation and verification, after the incident, Huang spent more than 100,000 yuan in medical expenses for treatment, because his face and head were seriously injured to varying degrees, resulting in the destruction of his facial appearance, and he had gone to the hospital three times for facial plastic surgery, and he still needed a large amount of treatment costs to undergo multiple facial plastic surgeries in the later stage; Guo Mouchun had no property to enforce, and the attached civil lawsuit compensation of more than 120,000 yuan could not be executed, and Huang did not receive compensation; after the case, Huang suffered serious physical and mental trauma, was unable to perform his original job, and his income was reduced after being transferred; Huang's parents were farmers, had no ability to work, had no source of income, and suffered from high blood pressure, cerebral infarction and other diseases, which require long-term medication, and both parents need Huang's support. Huang is a divorced family, his personal income is the main source of income for the family, and he has not received financial compensation, and his family life is facing urgent difficulties due to the case.
After review, the Kaifu District Procuratorate found that Huang met the conditions for judicial assistance, and belonged to the situation of women in difficulty who "suffered domestic violence" in the activity of "Paying Attention to Difficult Women's Groups and Strengthening Special Judicial Assistance", and should be given key assistance. In order to further improve the effect of assistance and promote social harmony and stability, the Kaifu District Procuratorate actively coordinated with relevant functional departments to carry out diversified and comprehensive assistance.
The first is to gather consensus and strengthen safeguards, and open a "green channel" for judicial assistance. The public opinion caused by Guo Mouchun's vicious criminal case of intentional homicide caused by marital and family conflicts and disputes has brought adverse effects on the social governance of Kaifu District, how to turn the crisis into an opportunity, and do a good job in the second half of the article on judicial assistance, the Kaifu District Procuratorate under the organization and leadership of the Political and Legal Committee of the Kaifu District Party Committee launched the judicial aid procedure in a timely manner, designated a special person to give priority to handling, opened the "green channel" for approval and allocation, completed the approval and allocation work within 3 days, and issued 30,000 yuan of judicial aid in place, giving full play to the judicial aid "emergency relief" functional role.
The second is to work together to make concerted efforts to discuss the implementation of rescue and assistance measures for "women". In the process of handling Huang's judicial aid case, the Kaifu District Procuratorate took the initiative to connect with the Women's Federation to jointly study comprehensive assistance measures. On April 10, 2023, the provincial, municipal, and district procuratorates jointly held a joint meeting with the Hunan Provincial Domestic Violence Crisis Intervention Center, Changsha City, and Kaifu District Women's Federation, and decided that the Women's Federation of Tianxin District, where Huang lives, will provide assistance measures organized by the Women's Federation. On April 13, the Women's Federation of Tianxin District gave condolences to Huang and gave 1,000 yuan of condolences to ensure that psychological counseling, marriage and family relationship guidance were provided at any time, and Huang was included in the focus of attention, and jointly carried out normalized visits and condolences. The Women's Federation of Tianxin District took the initiative to coordinate with Huang's school to help with job adjustment and help Huang's physical and mental health recover.
The third is to strengthen responsibility and good deeds, from case handling to similar case management and regional governance, and provide procuratorial plans for social governance. The Kaifu District Procuratorate took the handling of Huang's judicial aid case as an opportunity to sort out the situation of the public security organs in the jurisdiction of the "domestic violence" in the past three years, dissect typical cases, and put forward countermeasures from the aspects of functional convergence, performance methods, departmental linkage, and source management in view of the problems existing in the comprehensive management of "domestic violence" society, which is of great significance for promoting the "source of litigation governance" of marital and family conflicts and disputes, and improving the level of grassroots social governance, On May 30, 2023, the Kaifu District Procuratorate issued a procuratorial suggestion to the public security organs. On June 20, 2023, a reply was received from the public security organ.
【Typical Significance】
This case is a typical case in which the Hunan procuratorate implemented the Supreme People's Procuratorate and the All-China Women's Federation's campaign to "pay attention to women groups in difficulty and strengthen special judicial assistance", and cooperated with the Women's Federation to provide judicial assistance to women in distress who have been harmed by domestic violence.
In this case, the Kaifu District Procuratorate initiated judicial aid procedures in the process of handling criminal cases, opened a "green" channel, accelerated the progress of case handling, and issued judicial aid funds in a timely manner. The three-level procuratorates are linked, and cooperate with the women's federation to jointly study and carry out diversified comprehensive assistance and joint return visits, so that the rescued people can feel the warmth of the procuratorate and the warmth of the "mother's family". Under the leadership of the Political and Legal Committee of the Kaifu District Party Committee, the relevant functional departments jointly reviewed the "Cooperation Mechanism for the Protection of Women's Rights and Interests in Kaifu District", and took Huang's vicious criminal case caused by marital and family disputes as a "small incision" to achieve a "big deed" for the comprehensive protection of women's rights and interests. Sort out the situation of "domestic violence" in the jurisdiction, put forward suggestions and countermeasures for social governance, formulate and issue procuratorial suggestions to the public security organs, deepen the promotion of governance at the source, and reflect the function of not only doing a good job in back-end governance and treating the disease, but also promoting front-end governance and treating the disease before it happens, realizing the integration and interaction of judicial assistance and social governance, and playing a good role in "handling one case and governing one".
This case was selected as the "Second Batch of Typical Cases of Procuratorial Organs and Women's Federations Strengthening Judicial Aid Cooperation" issued by the Supreme People's Procuratorate and the All-China Women's Federation, which was featured in CCTV's "Frontline" column and was also included in the 2023 Hunan Provincial People's Procuratorate Work Report.