On July 16, Red Star News reported that the case of "Chongqing Two Young Children's Fall to Death At the End of the Month The Prosecution Prosecuted the Child's Biological Father for "Intentional Homicide"," which was heard today. According to the opening information released by the Fifth Intermediate People's Court of Chongqing Municipality, Ye Chengchen and Zhang Bo were suspected of intentional homicide, and the trial time was 10:00 a.m. on July 26. At about 14:00 p.m., the court announced an adjournment and the sentencing would be pronounced at a later date.
The Red Star News reporter learned that a few days before the trial, Chen Meilin, a mother of two children, has not been very emotionally stable, and some are worried that they will have an emotional breakdown when they hold the trial.
As far as Chen Meilin knew, when Zhang Bo committed the crime, he was very hesitant in his heart, but at that time, Ye Chengchen communicated a video with him and threatened to cut his wrist, when the man saw that her hand was cut and bleeding, and finally made up his mind.
Chen Meilin said that due to the relevant management adjustments of the Fifth People's Court of Chongqing Municipality, the actual place of trial of the case was in the Nan'an District People's Court of Chongqing Municipality, and the court summons provided by him also showed that the place of trial of the case was in the Nan'an District People's Court of Chongqing Municipality.
On July 26, a Red Star News reporter noted that the Nan'an District People's Court of Chongqing Municipality had gathered dozens of citizens, including many local lawyers. Some citizens wanted to participate in the audit under their real names, but due to the requirements of epidemic control, they could not enter.
The community where the incident occurred
Lawyer interpretation
Ding Jinkun, a lawyer at Shanghai Dabang Law Firm, said in an interview with Red Star News that the defendant in this case, zhang Bo, was suspected of killing two young children with his lover, and the social impact was bad, which was a major case. Article 21 of the Criminal Procedure Law stipulates: "The intermediate people's courts have jurisdiction over the following first-instance criminal cases: (2) cases in which life imprisonment or the death penalty may be imposed". The adjudication organ in this case is the Fifth People's Court of Chongqing Municipality. The place of trial is in the Chongqing Nan'an District People's Court, which is borrowed from the local court, not the South Bank Court.
Screenshot of the hearing announcement
According to the indictment, Zhang Bo and the woman were "jointly murdered" and were legally joint crimes. If the allegations are true, the woman, even if she is not present at the scene, constitutes a crime as a non-perpetrator and will be punished according to law, but the sentencing circumstances are different from those committed. The traditional criminal law is "all the conspirators, with the intention as the first", and it is the first offender who comes up with the idea. In modern criminal law, those who have the idea of committing a crime are generally the main offenders.
"In this case, who came up with the idea first remains to be ascertained. At present, the trial is underway, the indictment is only a one-sided statement of the public prosecution organ, and the final determination of the facts by law must be based on the evidence, combined with the defense of the lawyer, and the court will determine the guilt or innocence or the seriousness of the misdemeanor. It is believed that the court will give an account to the victim's family and the society. Lawyer Ding Jinkun pointed out.
Lawyer Ding Jinkun also said that article 208 of the Criminal Procedure Law stipulates that "the people's court hearing a public prosecution case shall pronounce a judgment within two months after acceptance, and shall not exceed three months at the latest." In cases where the death penalty may be imposed or in cases with civil litigation attached, an extension of three months may be made upon approval by the people's court at the level above; where an extension is required due to special circumstances, it is to be reported to the Supreme People's Court for approval. "Therefore, the trial time of this case may be extended according to the needs of the case.
Case Review
Red Star News previously reported that the local procuratorate alleged that at about 3:30 p.m. on November 2, 2020, Zhang Bo was suspected of conspiring with Ye Chengchen, and he took advantage of the fact that there were no other adults in the family in the Huafu Community of Jinjiang in Chongqing's Nan'an District, and threw his own two young children (the eldest daughter Xuexue was two and a half years old, and the younger son Yangyang was one and a half years old) from the window of the second bedroom on the 15th floor, causing the two children to die after rescue.
After the incident, many residents of the Huafu community in Jinjiang went to the place where two children fell off the building and saw Zhang Bo wearing pajamas and crying while hitting the wall with barefoot, because Zhang Bo's second bedroom was not equipped with anti-theft windows, and many people thought that this was an accident caused by inadequate parental supervision.
But Chen Meilin, a mother of two, remains skeptical about the cause of her child's death. On August 17, 2017, Chen Meilin married Zhang Bo, who had known each other for more than half a year due to an unexpected pregnancy, and after marriage, she gave birth to her eldest daughter Xuexue and her youngest son Yangyang, and the eldest daughter Yangyang has been raised by Ms. Cao, who lives in Jiangbei District. Chen Meilin said that Zhang Bo rarely cared about the two children before the crime, and Xuexue did not know her father for a time because she rarely saw Zhang Bo.
Chen Meilin and two children
According to the indictment of the Fifth Branch of the Chongqing Municipal People's Procuratorate provided by Chen Meilin, after the prosecution found out, in April 2019, Zhang Bo filed for divorce with Chen Meilin, and after meeting with netizen Ye Chengchen, he concealed his identity as a married and childbearing to pursue Ye Chengchen, and in August of the same year, he confirmed his relationship with Ye Chengchen, and at the end of the same year, Ye Chengchen learned through others that Zhang Bo had children and still interacted with Zhang Bo.
On February 26, 2020, Zhang Bo and Chen Meilin agreed to divorce, and the two parties agreed that Xuexue would be raised by Chen Meilin, and the son Yangyang would be raised by Zhang Bo before the age of 6, and Chen Meilin after the age of 6, and Zhang Bo would need to pay Chen Meilin 800,000 yuan as compensation. After the divorce, Xuexue has been living with Chen Meilin and Chen Meilin's parents in a community in Jiangbei District, and Yangyang has followed Zhang Bo and Zhang Bo's mother in the Huafu Community of Jinjiang. At the same time, Ye Chengchen repeatedly told Zhang Bo that he and his parents could not accept the fact that Zhang Bo had children, and if Zhang Bo had children, he would not be with Zhang Bo.
The indictment also shows that since around February 2020, Zhang Bo and Ye Chengchen have repeatedly conspired to kill two children through interviews, WeChat chats, etc., and agreed to kill Xuexue and Yangyang by accidentally falling high, and in June of the same year, Ye Chengchen repeatedly urged Zhang Bo to commit crimes through WeChat. From late June 2020 to mid-September 2020, Zhang Bo and Ye Chengchen had a dispute and broke up, and in mid-September, Zhang Bo took the initiative to contact Ye Chengchen, and after the two reconciled, they still conspired to kill two children. In October, the two agreed to take Xuexue to his home on the pretext of buying clothes for Xuexue, and on October 25, Zhang Bo took the initiative to contact Chen Meilin to take Xuexue to his home, because Chen Meilin had not committed a crime. During the period, Ye Chengchen asked Zhang Bo to leave Xuexue overnight, and Zhang said that he was looking for an opportunity to plan to start next week.
On November 1, 2020, Zhang Bo once again took the initiative to contact Chen Meilin to pick up Xuexue to his home in Huafu, Jinjiang, and stayed at home that night, but Zhang Bo's mother was at home, Zhang Bo did not commit a crime but rushed to the Longevity Area to meet Ye Chengchen, at 10:00 a.m. on November 2, Zhang Bo returned home, and at about 3:30 p.m., when Zhang Bo's mother was out, he would hold Xuexue and Yangyang in the second bedroom playing with both legs, and throw them downstairs from the window of the second bay window together, causing Xuexue and Yangyang to die. On November 10, Zhang Bo and Ye Chengchen were arrested by local police and transferred to the Fifth Branch of the Chongqing Municipal Procuratorate for prosecution.
Red Star News reporter Chen Qingyuan Zhang Qian Intern Lin Qianbing Zou Jiayu
Edited by Guo Yu
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