The second trial! Defendant Lu Shibing in the "12.5" bus bombing in Jiajiang, Leshan, sentenced to death with a suspended death sentence
Sichuan Online reporter Zhang Tingming
On October 17, the reporter learned from the China Judgment Documents Network that recently, the second instance of the “12.05” Jiajiang No. 3 bus bombing case in 2018 was found to be approved as the crime of explosion, and the defendant Lu Shibing was sentenced to death with a two-year reprieve. , Deprived of political rights for life, and limit commutation of criminal rulings.
The Intermediate People's Court of Leshan City, Sichuan Province tried the case of the People's Procuratorate of Leshan City, Sichuan Province accusing the defendant Lu Shibing as guilty of bombing, and issued a criminal sentence of (2019) Chuan 11 Xing Chu No. 30 on November 15, 2019.
The original verdict found that the defendant Lu Shibing was guilty of explosion and was sentenced to death with a two-year reprieve and deprived of political rights for life; the defendant Lu Shibing was restricted to commutation of his sentence; the criminal tools impounded in the case, electric drills, plastic basins, wrenches, and lighters were confiscated.
Lu Shibing appealed and demanded that the death penalty be executed immediately.
The Sichuan Higher People's Court held that, in accordance with the basic principle of no additional penalty on appeal, Lu Shibing appealed for a death sentence, and the reason for immediate execution cannot be established.
The facts found in the original judgment and the applicable law were correct, the sentence was appropriate, and the trial procedure was legal.
In accordance with the provisions of Article 236, Paragraph 1, Item (1) of the Criminal Procedure Law of the People’s Republic of China, the ruling is as follows: the appeal shall be rejected and the original judgment shall be upheld.
At 8 pm on December 5, 2018, the Jiajiang County Public Security Bureau of Leshan City issued a police report saying: At 5:31 pm on the 5th, a No. 3 bus in Yancheng Town, Jiajiang County went to Yingchun South Road for unknown reasons. It caused an explosion, the vehicle glass shattered, 17 people were injured, and no one died at the scene.
At about 18:30 two days later, the Jiajiang County Public Security Bureau issued a notice stating: After the explosion of the Jiajiang No. 3 bus on "12.05", after careful investigation and full arrest, at 17:00 on December 7th, the suspect Lu Shibing was arrested and brought to justice in Lianhe Village, Sanbao Town, Hongya County, Meishan City.
After preliminary interrogation, Lu Shibing confessed to the crime.
The Intermediate People's Court of Leshan City, Sichuan Province found that in the second half of 2018, the defendant Lu Shibing was dissatisfied with the compensation plan for land occupation, coupled with personal and family reasons, and became dissatisfied with the government and society, and the idea of making bombs to retaliate against the society was born.
In late November 2018, the defendant Lu Shibing extracted gunpowder and fuse from the firecrackers he picked up and used lunch boxes, steel bars, bamboo chips, iron wires and other items to make bombs.
According to the verdict, the Intermediate People's Court of Leshan City, Sichuan Province tried the case of the People's Procuratorate of Leshan City, Sichuan Province against the original trial defendant Lu Shibing guilty of bombing, and issued a criminal sentence of (2019) Chuan 11 Xing Chu No. 30 on November 15, 2019.
The defendant Lu Shibing refused to accept the trial and lodged an appeal.
The original verdict found that the defendant Lu Shibing was guilty of explosion and was sentenced to death with a two-year reprieve and deprived of political rights for life; the defendant Lu Shibing was restricted to commutation of his sentence; the criminal tools impounded in the case, electric drills, plastic basins, wrenches, and lighters were confiscated.
Lu Shibing appealed and demanded that the death penalty be executed immediately.
The appointed defender believed that Lu Shibing was the first offender and had a good attitude of confession and repentance, and hoped to be punished lightly.
The Sichuan Higher People’s Court held that the appellant (defendant in the original trial), Lu Shibing, ignored national laws and endangered public safety by exploding. He made a homemade bomb and exploded on the bus, causing one person to be seriously injured at second level, one person with minor injury at first level, and seven people with minor injury. Injury two people, seven people were slightly injured, and many other passengers were injured to some extent. The bus was seriously damaged, causing heavy losses to public and private property. His behavior constituted an explosion crime.
After Lu Shibing arrived at the case, he truthfully confessed the facts of the crime, and he confessed that he could be given a lighter punishment according to law.
The original sentence was sentenced to death due to Lu Shibing's confession. The sentence was not executed immediately and the sentence was appropriate.
According to the basic principle of no additional penalty on appeal, Lu Shibing appealed for the death penalty, and the reason for immediate execution could not be established.
The facts found in the original judgment and the applicable law were correct, the sentence was appropriate, and the trial procedure was legal.
In accordance with the provisions of Article 236, Paragraph 1, Item (1) of the Criminal Procedure Law of the People’s Republic of China, the ruling is as follows: the appeal shall be rejected and the original judgment shall be upheld.
This ruling is final.
According to the provisions of Article 248 of the Criminal Procedure Law of the People’s Republic of China, this ruling is to approve the crime of explosion, and sentence the defendant Lu Shibing in the original trial to death, with a two-year suspension of execution, deprivation of political rights for life, and restrict commutation. Ruling.