The man molested and killed a neighbor's 11-year-old girl, the court said he suffered from epilepsy and intellectual disability, and the verdict was how the case details case analysis and follow-up

2021-11-07 21:49:32

In Quanzhou, Guangxi, Jiang Mou, a 33-year-old man, stole from a neighbor's house and was found by the 11-year-old girl. Fearing the revelation, he forcibly carried the girl back to his old house, covered her mouth and nose until the girl gave up the struggle, and then threw her into the cellar. When Jiang returned from the neighbor's house, he found that the girl was still alive, so he molested her and strangled her, packed the body in a woven bag, and threw it into a pit in a neighboring village to bury.

At the time of the trial, Jiang and his defender said that Jiang suffered from epilepsy and had a second-degree intellectual disability, pleaded guilty and accepted punishment, hoping to give him a lighter punishment.

The man molested and killed a neighbor's 11-year-old girl, the court said he suffered from epilepsy and intellectual disability, and the verdict was how the case details case analysis and follow-up

The cellar where the crime occurred

The final outcome of the trial, of course, did not go as expected.

First, under the Penal Code, criminals suffer from mental illness and not all of them are given a mitigated or mitigated punishment. In this case, although Jiang Mou suffered from mental illness, he was not in a state of illness at the time of the crime, and his consciousness was normal at the time of the crime.

In this regard, the Criminal Law stipulates that a mentally ill person who commits a crime while he is mentally normal shall bear criminal responsibility in accordance with law. In addition, the Penal Code also provides for the rules of punishment for the other two types of mentally ill persons when committing crimes.

First, if the perpetrator commits a harmful act at the time of illness and is identified as unable to recognize and control his own conduct, the perpetrator is found to have no capacity for criminal responsibility. Only at this time, the perpetrator is not criminally responsible, but should be strictly supervised by his family, and if necessary, compulsory treatment is carried out, and the losses caused shall be compensated by his guardian.

Second, if, after appraisal, the perpetrator became ill at the time of the commission of the criminal act, but did not completely lose the ability to recognize and control his own conduct, the perpetrator still bears criminal responsibility, but may (but should not) be given a mitigated or mitigated punishment.

In this case, Jiang first stole, then molested, and then killed. According to the police investigation, shotguns, barrels, sand and other guns and ammunition were also found in Jiang's home. Because China is extremely strict with gun management, and the guns and ammunition held by Jiang Mou have also reached the standard for filing a case, he also constitutes the crime of illegal possession of firearms. The provisions of the Penal Code for this offence are:

Whoever illegally possesses or possesses firearms or ammunition shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Looking at several crimes, Jiang Mou's subjective malignancy is extremely bad, the legal benefits of the infringement are extremely many, and the harmful consequences caused are also very serious. According to the Penal Code, the death penalty may be applied to "persons whose crimes are extremely serious". The defence made by his defender is no longer valid.

Killing pays for your life, and it is righteous. What's more, Jiang Mou did not kill people simply because family conflicts and neighborhood conflicts could not be resolved for a long time, but based on bad motives, he took the initiative to endanger the killing of society. His conduct cannot be judged at all as a "lesser circumstance" in the crime of intentional homicide, but should be treated severely and severely.

At present, the first-instance trial of the case has been concluded, and Jiang Mou has been sentenced to death for several crimes and immediately executed.

However, if Jiang appeals, he will enter the second-instance trial procedure. According to the provisions of the Code of Criminal Procedure, the penalty for the defendant will not be increased in the case of the defendant's appeal. Therefore, under the premise that the facts of the first instance are determined, if Jiang appeals, the second instance will most likely uphold the original judgment.

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The man molested and killed a neighbor's 11-year-old girl, the court said he suffered from epilepsy and intellectual disability, and the verdict was how the case details case analysis and follow-up

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