The constellation of the old banyan tree and the constellation of Ying Ying.

Is there enough evidence in the case of old Rong Zhi?

On the morning of August 18, the case of old Rong Zhi suspected of intentional homicide, robbery and kidnapping was heard for the second time in Jiangxi Higher People's Court.

At the pre-trial meeting, Rong Zhi Sr and his defenders indicated that they would not apply for withdrawal. The court mainly asked the procuratorate and Lao and his defenders to express their opinions on the report of the old case at the pre-trial meeting on June 14, 2022, and to express their opinions on the situation that the pre-trial meeting failed to reach an agreement. At present, the trial in the morning has ended and will continue in the afternoon.

According to public information, Rong Zhi Sr was born in 1974, graduated from Jiujiang Normal School at the age of 18, and was assigned to a school in Jiujiang. After working as a teacher for a year, old Rong Zhi met a married woman-Faying, who was 10 years older than her. 1996, old Rong Zhi left Jiujiang with Fa Ziying after leaving his job without pay. These two men fled many places and participated in the murder of seven people. Fa Ziying was arrested while committing a crime in Hefei and was shot on February 28th. 1999.

This afternoon (18), the court will formally hold a hearing on this case. The appellant may put forward reasons for appeal according to the facts ascertained in the first instance.

1

The court rejected the jurisdictional objection raised by Lao Rong Zhi.

On August 18, Jiangxi Higher People's Court held a formal hearing to conduct the second trial of Lao Rong Zhi's case. Old Rong Zhi appeared in court wearing protective clothing, goggles and a mask. Because she complained that she was deaf, her defender suggested that old Rong Zhi might feel uncomfortable during the long trial, and the judge allowed old Rong Zhi to take off her goggles and protective clothing cap. Old Rong Zhi was in a stable state during the morning trial.

During the trial, Rong Zhi Sr mentioned that she disagreed with the accusation of intentional homicide, kidnapping and robbery brought by the procuratorate against her, and appealed the criminal part of the first-instance judgment.

In the morning, the court mainly asked the procuratorate, Rong Zhi Sr. and his defenders to express their opinions on the relevant situation reported at the pre-trial meeting on June 14, 2022, and the situation that the pre-trial meeting failed to reach an agreement.

The collegial panel failed to reach an agreement, including the dispute over jurisdiction objection, one-sided trial, the difference between synchronous audio-visual recording and recording, whether the victims in Changzhou case should testify in court, the old application (Friends of France and Britain), Sun Zuli (old classmate) to testify in court, and the identification of letters and notes made by Yin's wife in Hefei case.

On the issue of jurisdictional objection, Rong Zhi Sr. and his defenders suggested that after the capture of Fa Ying Ying, the case of Rong Zhi Sr. was accepted by Hefei police, and Nanchang police had handed it over to Hefei. Moreover, there is a substantial difference of 10 between the first-instance judgment of Old Rong Zhi, which has not yet come into effect, and the judgment of Faziying.

The procuratorate believes that the procedure is due, and the relevant materials of the Franco-British case have indicated that Rong Zhi Sr. was "handled in another case" and "at large". After old Rong Zhi committed the Nanchang case, the local public security had intervened, and the jurisdictional objection was not established. The court rejected the jurisdictional objection in court.

The judge allowed old Rong Zhi to take off his goggles and protective clothing hat.

2

Prosecution: There is no fatigue trial.

On the problem of excluding illegal procedures raised by Rong Zhi Sr and his defenders. Rong Zhi Sr. and his defenders believe that the trial of Rong Zhi Sr. involves fatigue. After being arrested in Xiamen, he was transferred to Nanchang public security organs. According to the regulations, the interrogation of Lao should not exceed 24 hours, while the interrogation time of Lao by public security organs was accurate to 23 hours and 58 minutes, only 2 minutes away. Whether the fatigue trial should be based on the feelings of old Rong Zhi constitutes the unbearable pain of old Rong Zhi.

On the question of fatigue interrogation, the procuratorate mentioned that during the interrogation of old Rong Zhi, the case handlers fully ensured the rest and diet of old Rong Zhi, and repeatedly asked old Rong Zhi if he needed a rest. Old Rong Zhi replied that he didn't need it, and returned cigarettes and water to old Rong Zhi during the trial.

Rong Zhi Sr. claimed that she was threatened by investigators on February 5th, 20 19, and she was bent on dying for fear of being beaten, so she signed the verification report. Defender Rong Zhi Sr suggested that the investigators also bought cosmetics and lipstick for Rong Zhi Sr. I don't know if it is a hallucinogenic substance, but I suspect it is used to deceive old Rong Zhi.

↑ Laoshengqiao 17 was interviewed by Red Star News outside the Jiangxi Higher People's Court.

three

The problem of handwriting identification in Hefei case will be further verified.

Handwriting identification in Hefei case. Lao and his defender suggested that the public security organs had previously ruled out that the handwriting was written by two people, and the handwriting appraisal report had six pages, while Yin's wife mentioned only three pages. I don't know which three pages were said by Yin's wife. In addition, it is not excluded that the handwriting is written in French and English, and an application is made to identify the handwriting in French and English.

The procuratorate said that according to handwriting identification, some words on the note were written by old Rong Zhi. Previously, the public security organs only inferred that it was written by one person. Handwriting identification is also legal. On the issue of handwriting identification, the court said that it can be further verified in the court investigation stage, and handwriting appraisers will testify in court.

Regarding the old application (friend of France and Britain) for Sun Zui (old classmate) to testify in court, the court held that France and Britain were indeed known before, but they were not accomplices. When Faying got out of prison, he didn't, and Liu Jun didn't want to appear in court. The collegial panel agreed that Liu Jun would not appear in court, and Sun Jianli did not need to appear in court.

During the lunch break, my elder sister said that when the old lawyer met him before the trial, he always mentioned that France and Britain had threatened her many times, and Liu Jun had also been threatened by France and Britain. Old Sister Rong Zhi thought that old Rong Zhi was intimidated by France and Britain, while old Rong Zhi stayed with France and Britain because he was worried that his family would be killed by France and Britain.

Whether the victim of Changzhou case should testify in court. Rong Zhi Sr. and his defenders said that it was an escape that the victim of Changzhou case did not appear in court to cross-examine the defendant in the first instance. Defendants also have the right to cross-examine and ask them to appear in court, if they have the right. The procuratorate mentioned that a victim in Changzhou case was suffering from illness and was receiving chemotherapy. Prior to this, they had truthfully stated the facts to the public prosecution agency. They believed that the case involved privacy and were unwilling to appear in court. The collegial panel decided not to summon two victims of Changzhou case to appear in court.

This afternoon (18), the court will formally hold a hearing on this case. The appellant may put forward reasons for appeal according to the facts ascertained in the first instance.

four

Lawyer entrusted in the first instance of Old Rong Zhi case:

Whether to participate in the murder or not, whether the evidence is sufficient is the key.

Before the trial, Zhou Zhaocheng, a lawyer entrusted by the first trial of the old Rong Zhi case, translated the second trial.

1, what might be the focus of the debate in the second instance?

Zhou Zhaocheng pointed out that whether the old Rong Zhi conspired to kill or participated in the murder will be the focus of controversy between the prosecution and the defense in the second instance.

First, whether old Rong Zhi was involved in the murder.

The court of second instance shall confirm the facts of the case ascertained by the court of first instance, and at the same time, in combination with the defendant's confession after he was brought to justice, verify the earlier confession of the criminal in France and Britain with objective evidence to confirm whether Lao participated in the murder. Then Franco-British confessed that old Rong Zhi would leave before killing each person. Whether this can prove that Rong Zhi Sr had no intention or motive to kill people still needs to be determined by the court of second instance.

Second, whether the evidence of various crimes in old Rong Zhi is sufficient.

Robbery and kidnapping are violent crimes that seriously violate personal and property safety, and the criminal constitution contains the bad circumstances of intentional homicide. Therefore, there must be evidence to prove that old Rong Zhi had intentional cognitive factors and will factors at that time, including the actual act of killing people. The standard of proof in criminal law is to exclude all reasonable doubts. Therefore, the public prosecution organ of second instance should produce strong evidence to prove whether the murder of old Rong Zhi was established.

Finally, whether Lao has the intention and motive to kill, whether it constitutes a joint crime, whether it is coerced, whether it constitutes an accomplice in intentional murder, robbery and kidnapping, what is the plot of Lao's crime, the exclusion of illegal evidence and whether there are problems in the first-instance procedure may become the focus of controversy between the prosecution and the defense in the second instance.

2. What is the key of the second trial? What is the legal significance of the old Rong Zhi case?

Zhou Zhaocheng believes that since the case of Old Rong Zhi lasted for more than 20 years, France and Britain have already been shot, so whether many evidences in this case are true and sufficient and whether a complete chain of evidence can be formed is the key to this case.

The proof standard of excluding all reasonable doubts in criminal law will have higher requirements for cases and evidence, which also reflects the cautious attitude in criminal punishment.

The legislative purpose of China's criminal law is to punish crimes and protect human rights. While punishing crimes, we must protect human rights, not only the human rights of victims, but also the human rights of criminal suspects and defendants. Justice can be realized in two directions, namely, substantive justice and procedural justice. Justice should not only be realized, but also be realized in a way that people can see. This is the so-called visible way of justice, which refers to the fairness of the referee process and the legitimacy of legal procedures. The judgment result of the case should be fair and just, in line with the provisions of substantive law, and let the parties including the defendant feel the justice of the judgment process, that is, procedural justice.

Therefore, both the substantive trial and the procedural trial in the second instance of Old Rong Zhi should be seamless. Because this case will be a model case of governing the country according to law.

End—