The death penalty!Hangzhou wife killing and mutilation case second trial upheld original verdict

2022-07-13 0 By

On April 8, 2022, the defendant Xu Guoli intentional homicide case (appeal) was sentenced in the second instance.Due to the epidemic prevention and control reasons, zhejiang Provincial High People’s Court entrusted Hangzhou Intermediate People’s Court to deliver the verdict on Xu guoli’s behalf and served the criminal ruling for the second instance.Zhejiang Higher People’s Court rejected the appeal and upheld the original judgment.Xu Guoli’s death sentence was submitted to the Supreme People’s Court for approval in accordance with law.In the second trial, Xu Guoli pleaded not guilty, and his defenders put forward the authenticity of xu Guoli’s guilty confession in the investigation, prosecution and the first trial.In this regard, the court listened to the opinions of both sides in the pre-court meeting, and the prosecution and defense sides carried out evidence, cross-examination and debate in the trial.The court held that Xu Guoli should be accepted for voluntarily making stable guilty confession in the face of different case handling personnel, especially in the case of prosecutors and judges who clearly informed him of his litigation rights and legal consequences, in the process of investigation, examination and prosecution, pre-trial meeting of first instance, trial of first instance and other proceedings.The evidence presented by the appellant Xu Guoli and the defense failed to reach the standard of ascertaining guilt.In this regard, the court held that Xu Guoli’s confession about the crime process was verified by objective evidence, and the evidence confirming Xu Guoli’s guilt in the original judgment had been verified. The evidence verified each other, and there were no irreconcilable contradictions and inexplicable doubts, and the proof process was in line with logic and experience.Xu Guoli repeatedly confessed to premeditated murder, the whistle-blowing verified by the relevant authorities can not constitute meritorious service, the original sentencing in accordance with the provisions of the criminal law.In conclusion, The Zhejiang Higher People’s Court held that Xu Guoli intentionally deprived his wife of life because of resentment towards her due to marriage and family conflict, which constituted the crime of intentional homicide.Xu Guoli premeditated the crime, and fabricated false information to cover up the crime, the subjective vicious very deep, the crime means is particularly cruel, great harm to the society, the crime is extremely serious, should be punished according to law.The reasons for Xu’s appeal and his defenders’ request for acquittal or leniency are insufficient and shall not be accepted.The opinion of the procurator in court is valid and shall be accepted.The original conviction and application of the law were correct.The punishment is appropriate.The trial procedure is legal.The foregoing ruling is therefore made.(Zhejiang Tianping)