[Live] Hello everyone, my name is Guo Qiyu, a reporter from China News Service. Now I am in the Hangzhou Intermediate People’s Court. This morning (May 14), the much-watched Xu Guoli murder case was heard in the Hangzhou Intermediate Court. After nearly 4 hours of trial, the trial of the first instance of the criminal incidental civil lawsuit is over, and the sentence will be announced at an elective date.
[Scene] During the court trial that day, the prosecutors charged in the indictment that the facts of the crime in this case were clear and the evidence was indeed sufficient. Xu Guoli's criminal methods were extremely cruel, and the consequences of the crime were extremely serious, causing extremely bad social impact, and constituted the crime of intentional homicide according to law.
[Explanation] According to the news released by the Hangzhou Intermediate People’s Court that day, the Hangzhou Municipal People’s Procuratorate alleged that the defendant Xu Guoli and the victim came to XX as a husband and wife, and the two had conflicts due to emotional, financial and other reasons. Xu Guoli had a passion for Lai XX. Resentment, successively bought utility knives, cutting machines, etc., determined to kill Lai Mo.
On the evening of July 4, 2020, Xu Guoli put sleeping pills into the milk that XX had always drank before going to bed at his home. When XX came to sleep after drinking, he used tape to seal his mouth and pillow to press his mouth and nose. death.
After that, Xu Guoli moved the victim's body to the bathroom, used the tools prepared in advance to mutilate the body, and then scattered and discarded it.
[Explanation] In the court trial that day, the defender proposed to find that Xu Guoli's specific chain of evidence for killing Lai XX was lacking, and that it was not a premeditated crime.
In response to this, the reporter interviewed Wang Xiaohui, director of the Criminal Law Professional Committee of the Hangzhou Lawyers Association. He said that the defender was referring to the lack of evidence in the process of Xu Guoli's crime, not his wife's murder itself.
[Concurrent] Wang Xiaohui, Director of the Criminal Law Professional Committee of Hangzhou Lawyers Association
The meaning of his sentence itself shows that the killing itself is not problematic in evidence.
Generally speaking, only the defendant’s confession is required. If there is no other evidence to confirm the case, the decision must be prudent. However, this case may not only be his personal confession, but also other evidence and basic facts to confirm it.
Including the defender himself, that is to say, the chain of evidence in the process of killing his wife was not very sufficient, so he showed that the fact of the killing was evidenced, and I understand it this way.
[Commentary] It is reported that the victim came to XX's close relatives to file a criminal incidental civil lawsuit, demanding the defendant Xu Guoli to compensate for various economic losses totaling more than 2.71 million yuan (RMB).
Attorney Wang Xiaohui said that in such cases, the victim has the right to file ancillary civil compensation, and the specific amount will be determined by the court based on the specific circumstances of the case and executed according to the judgment.
[Concurrent] Wang Xiaohui, Director of the Criminal Law Professional Committee of Hangzhou Lawyers Association
First of all, in these cases of intentional homicide and intentional injury, the victim has the right to bring incidental civil compensation.
Under normal circumstances, because life is priceless, when a criminal case is accompanied by a civil case (case), it may cause such a direct economic loss.
[Concurrent] Wang Xiaohui, Director of the Criminal Law Professional Committee of Hangzhou Lawyers Association
As for how to enforce it, it means that civil compensation is generally related to the final result of a criminal case. But in such a case, it means the amount of compensation that the court will judge in the later period is also based on the case. A comprehensive determination is made based on the specific circumstances, and if the conditions and capabilities are available after it is made, the execution will be decided based on the results of the judgment.
[Explanation] On the same day, the Hangzhou Intermediate People's Court chose a date for the judgment on this case. Although Xu Guoli pleaded guilty and repented at the scene of the trial, the specific judgment is not yet known.
Earlier, Xu Guoli and Lai XX’s daughter had a letter of understanding. In response to this situation, lawyer Wang Xiaohui said that her daughter is both the daughter of the defendant and the victim, and her letter of understanding is one of the factors considered in the final judgment. .
[Concurrent] Wang Xiaohui, Director of the Criminal Law Professional Committee of Hangzhou Lawyers Association
(Daughter) The basic cognition of 13 years old should also be said, so it is the most painful thing for her.
So she understands that we are considering a factor in how to handle this case.
In this case, as the defendant is also the victim's daughter, whether there is any (impact) on the handling of this case, I can only say that this is a very important factor.
Shen Yishan, Guo Qiyu, Zhou Sunyu reports from Hangzhou, Zhejiang
Editor in charge: 【Luo Pan】