laitimes

Chinese doctor "beheading" case: A 22-year-old female student was poisoned by her compatriots, and the murderer argued that he loved her too much

author:Lawyer Jiang Minkun

The abolition of the death penalty is highly controversial, and some countries have abolished it altogether, even in retentionist countries.

China can be said to be one of the countries with the largest number of executions, but there are also some restrictive provisions, the first paragraph of article 48 of the Criminal Code stipulates that the death penalty applies only to criminals whose crimes are extremely serious.

Chinese doctor "beheading" case: A 22-year-old female student was poisoned by her compatriots, and the murderer argued that he loved her too much

Article 49 of the Penal Code clearly stipulates that the death penalty shall not apply to women who were under the age of 18 at the time of the commission of the offence and who were pregnant at the time of trial.

Although the United States also retains the death penalty, but the United States is divided into federal law, state law, in the state that retains the death penalty, only the jury unanimously passed the death penalty can carry out the death penalty, and the abolition of the death penalty in the state, the maximum penalty is life imprisonment.

On April 19, 2010, Zhu was convicted of first-degree murder in the Montgomery County Circuit Court in Virginia, and sentenced to life in prison without parole.

Zhu Haiyang, born in 1984 in Ningbo a relatively rich family, played a small Zhu Haiyang has been loved by his parents, after going to school, his grades are very excellent, in school he also got the attention of the teacher, in 2001 was admitted to a famous university in Shanghai, after entering the university, his results are also very top-notch.

In 2003, he scored 663 on the TOEFL test, out of 677, and he was only 14 points behind.

Chinese doctor "beheading" case: A 22-year-old female student was poisoned by her compatriots, and the murderer argued that he loved her too much

In 2004, he took the GRE exam, with a full score of 800 points in the mathematics part, only one point was deducted for the composition, and in the same year, he participated in the national British university competition and won the first prize.

It can be said that Zhu Haiyang did not encounter the above resistance in his studies, because he was too excellent, and there were some relevant interviews about Zhu Haiyang in the school.

However, excellence does not mean omnipotent, especially in interpersonal communication, there is a big gap in the evaluation of Zhu Haiyang's personality in the impression of classmates.

Some people say that he is very kind, very polite, and a very modest person.

Others say he has a very eccentric personality, aggressive, extremely grumpy, and a small problem can lead to quarrels.

In fact, everyone has two-sidedness, but hides a bad side in daily life, just like Wu Xieyu of Peking University, excellent results are his shining points, but who would have thought that he would do such a cruel act of killing his mother.

In the fall of 2008, Zhu Haiyang studied at the University of Virginia in the United States to pursue a doctorate in applied economics, and since coming here, Zhu Haiyang found it difficult to integrate into the American environment, and had no friends, and the landlord Will Seeger broke out many conflicts, sometimes the conflict between the two was just a cigarette butt.

Chinese doctor "beheading" case: A 22-year-old female student was poisoned by her compatriots, and the murderer argued that he loved her too much

Seeger had complained to the local police, but the police could not handle the matter, so Sieg went to the head of the school, and Seeger signed a rental contract with him, and if he did not make too much mistake, he could only wait for the contract to expire.

On January 8, 2009, Yang Xin also arrived in Virginia, the same as an international student, Zhu Haiyang is responsible for picking up, 22-year-old Yang Xin looks sweet, Zhu Haiyang was attracted to her at the first sight of her, in order to get Yang Xin's favor, Zhu Haiyang is busy.

Because Yang Xin did not know anyone, the emergency contact person in the enrollment registration personnel file was Filled in by Zhu Haiyang, but such a mutual aid relationship is also a common practice among international students.

However, Zhu Haiyang did not think so, at that time, the school dormitory was not yet open, Yang Xin borrowed a few days in Zhu Haiyang's apartment, it was these few days, so that Zhu Haiyang completely liked Yang Xin, he also thought that Yang Xin must have a good feeling for him, but this is just Zhu Haiyang felt.

Chinese doctor "beheading" case: A 22-year-old female student was poisoned by her compatriots, and the murderer argued that he loved her too much

When Zhu Haiyang expressed his heart to Yang Xin, Yang Xin rejected him and moved out of his apartment. Yang Xin's refusal did not make Zhu Haiyang give up, and zhu Haiyang tried to contact Yang Xin several times since then, but whether it was to call her or chase her to class, Yang Xin explicitly refused him.

The number of refusals increased, Zhu Haiyang's temper also came up, at 7 p.m. on January 21, Yang Xin was drinking coffee at the Café of the Graduate Life Center of Virginia Tech, Zhu Haiyang also entered the café on his back feet, the two did not quarrel, or even any conversation, and Zhu Haiyang suddenly attacked Yang Xin with a knife.

Zhu Haiyang went to cut her neck like crazy, it was a chaos, several other people in the café did not dare to come forward to stop it, and by the time the police officers in the university arrived at the scene, Yang Xin was already dead, and Zhu Haiyang was still carrying Yang Xin's head in the café's hand.

The knife held by Zhu Haiyang is a knife commonly used in the kitchen, and this knife should be prepared in advance by Zhu Haiyang, that is to say, this is not a crime of passion caused by verbal contradictions, but a cold-blooded and precisely calculated crime.

The American judge adopted the criminal motive of the idea of killing because of the unsuccessful courtship, and Zhu Haiyang himself revealed that he loved Yang Xin too much, and Yang Xin's refusal forced him to kill.

Chinese doctor "beheading" case: A 22-year-old female student was poisoned by her compatriots, and the murderer argued that he loved her too much

The local court sentenced him to life imprisonment for first-degree murder.

Zhu Haiyang's despicable motives, cruel means, and premeditated crimes have constituted intentional homicide in China's Criminal Law.

According to Article 232 of the Criminal Law of the People's Republic of China, whoever intentionally kills people shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years;

The crime of homicide with serious circumstances includes killing people by extremely cruel means such as burning by fire, prolonged starvation, and gradual dismemberment.

Zhu Haiyang meets this rule, and if he is judged according to the Criminal Law, Zhu Haiyang will not escape the death penalty. Zhu Haiyang's behavior and motivation all show that his psychological pressure is too low and his emotional intelligence is too low, which is greatly related to family education.