The woman reported that the "father was beaten to death" and the main culprit was sentenced to life imprisonment

　Henan woman reports "father was beaten to death" and the main culprit is sentenced to life imprisonment

　　On the morning of December 20, 2022, the Intermediate People's Court of Kaifeng City, Henan Province issued the first-instance public judgment on the defendants Liu Qingyi and Liu Dejian's intentional injury case, and sentenced the defendant Liu Qingyi to life imprisonment and deprivation of political rights for life for the crime of intentional injury. Defendant Liu Dejian was sentenced to eight years in prison; defendants Liu Qingyi and Liu Dejian were ordered to jointly compensate the plaintiff in the attached civil lawsuit for a total economic loss of RMB 119,240.08.

After the trial, it was found that:

Xu Guoli, a native of Sumu Township, Qi County, contracted land to grow wheat in Banmu Township, contacted Liu Dejian, a villager of Houtang Village, and hired brothers Liu Qingyan and defendant Liu Qingyi to operate a harvester to harvest wheat.

On June 28, 2021, Xu Guoli invited Liu Dejian, villagers Ye Guishen and Ye Guiqi of Qianying Village, and the victim Ye Hongqing to participate because he owed Liu Qingyan and Liu Qingyi money for wheat.

While eating and drinking, Xu Guoli, Liu Qingyi, and Liu Qingyan calculated that the payment for wheat should be 1,800 yuan. Liu Qingyi took the initiative to reduce the price by 100 yuan. Ye Hongqing asked for another 100 yuan reduction, and Liu Qingyi agreed.

Because Liu Qingyan could not find the payment QR code, Liu Qingyi took Liu Qingyan's mobile phone to charge Xu Guoli 1,600 yuan for the operation.

For this reason, Ye Hongqing mocked Liu Qingyan and belittled Liu Qingyan's father-in-law who had passed away for many years, causing Liu Qingyan and Liu Qingyi to be unhappy, and Liu Qingyan left the private room.

Ye Hongqing and Liu Qingyi had a quarrel, Ye Hongqing tried to smash Liu Qingyi with a beer bottle, but Xu Guoli dissuaded him.

Liu Qingyi, Ye Hongqing and others left the private room to the courtyard one after another. Ye Hongqing yelled loudly. Liu Qingyi and Ye Hongqing fought. Liu Qingyi hit the corner of Ye Hongqing's mouth with his fist.

Liu Dejian hugged Ye Hongqing's waist from behind, Ye Hongqing broke free and chased Liu Qingyi to the outside of the hotel gate, the two continued to beat each other's face, head and other parts with their fists, Liu Dejian also punched Ye Hongqing's face and body with his fists.

After Liu Dejian was pulled away, Liu Qingyi knocked Ye Hongqing down so that his head hit the ground and stomped on Ye Hongqing's head.

Ye Hongqing got up from the ground and continued to fight with Liu Qingyi, but was pulled away by everyone.

Liu Qingyi, Liu Dejian, Ye Hongqing and others walked to the southwest corner of Guangxin Gas Station 50 meters away. Liu Dejian yelled and cursed. Ye Hongqing walked towards Liu Dejian. The two fell to the ground and fought, but were persuaded to leave by the people present.

Ye Guidong, the village cadre of Qianying Village, drove Ye Hongqing home in an electric tricycle.

Meanwhile, Wu Yu, Liu Qingyi's wife, heard the news and rushed to the scene and called the police at 22:41. When the police arrived at the gas station at 22:51, Ye Guishen, Ye Guiqi and others had left the scene. Liu Dejian, Liu Qingyi and others were on the scene and reported to the police. Said to solve it on his own, and the police left.

After Ye Hongqing got home, he called Ye Guishen at about 23:00, and Ye Guiqi said that he would look for Liu Qingyi tomorrow.

In the early morning of the 29th, Ye Hongqing felt unwell. His wife Li Shuxiang called 120 at 0:29, and Ye Hongqing was sent to the hospital for treatment. At 2:36, Ye Hongqing's family called the police.

On July 7, Ye Hongqing died of multiple organ failure mainly involving the central nervous system due to severe craniocerebral injury.

　　It was also found that Ye Hongqing was hospitalized in Qixian Hospital of Traditional Chinese Medicine for 8 days due to injuries caused by Liu Qingyi and Liu Dejian, spending 78,211.94 yuan in medical expenses.

　　After the trial, the court held that the defendants Liu Qingyi and Liu Dejian intentionally injured others, causing the death of one person, and their actions constituted the crime of intentional injury, and they were joint crimes.

In the joint crime, Liu Qingyi played the main role and was the principal offender; Liu Dejian played the secondary role and was the accomplice, and his punishment could be mitigated according to law; Compensation, the close relatives of the victim did not grant forgiveness and other circumstances, so the above-mentioned judgment was made.

　　After the verdict was pronounced, Liu Qingyi, the plaintiff and defendant of the incidental civil lawsuit, appealed in court, and Liu Dejian, the defendant, expressed in court that he would not appeal.

　　Deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, media reporters and relatives of the parties attended the verdict.

　　Liu Qingyi and Liu Dejian Answer Reporter's Questions on Intentional Injury Case

　　On December 20, 2022, the Intermediate People's Court of Kaifeng City, Henan Province issued a public judgment on the defendants Liu Qingyi and Liu Dejian in the case of intentional injury.

The defendant Liu Qingyi was sentenced to life imprisonment and deprived of political rights for life for the crime of intentional injury; the defendant Liu Dejian was sentenced to eight years in prison;

　　Why did the actions of defendants Liu Qingyi and Liu Dejian constitute the crime of intentional injury?

Does Liu Qingyi's behavior constitute self-defense?

What are the main considerations for the sentencing of the two defendants?

Is there a defendant missing from this case?

Does the gang involved in the crime reported by the victim's close relatives exist?

Did the inaction of the Banmu Police Station promote the death of the victim as reported by the victim's close relatives?

Regarding these issues of social concern, the reporter interviewed the presiding judge of this case.

1. Reporter: Why did the actions of Liu Qingyi and Liu Dejian constitute the crime of intentional injury instead of intentional homicide?

Presiding judge:

Intentional injury causing death has the same result as intentional homicide, and they are both intentional crimes. Therefore, in practice, it is sometimes easy to confuse the two crimes, but there is a clear difference between the two crimes.

In the crime of intentional injury, subjectively, the perpetrator only intends to damage the health of others, and does not want the victim to die. The result of death is against the perpetrator's will, and subjectively, he only has negligence for the result of death.

The crime of intentional homicide is different. In the crime of intentional homicide, the perpetrator either actively pursues the death of the victim or takes a laissez-faire attitude knowing that the victim may die. The result of the death of the victim does not violate the will of the perpetrator.

　　Specifically in this case, the defendants Liu Qingyi and Liu Dejian had no conflict with the victim Ye Hongqing, and the dispute was only due to a verbal discord after drinking.

The two defendants beat the victim by punching and kicking, and did not hold any crime tools.

Although the victim's head touched the ground when the victim was knocked down during the fight, Liu Qingyi stomped the victim's head, but then the victim got up and continued to fight with the defendant and walked around normally until he was finally sent home by fellow villagers.

At the hotel and the nearby gas station, the victim did not appear to be seriously injured and unable to move, and the two defendants did not chase him or show "doing nothing" when he left. Due to the reasons, means of injury, and the state of the victim after the end of the injury, the two defendants subjectively did not intend to illegally deprive the victim of life, which did not constitute the crime of intentional homicide.

However, the two defendants repeatedly beat the victim, and the victim eventually died of multiple organ failure mainly caused by the central nervous system due to severe craniocerebral injury. Intentional injury crime.

2. Reporter: Does the defendant Liu Qingyi's actions constitute self-defense?

Presiding judge:

According to the law, "in order to protect the state, public interests, the person, property and other rights of oneself or others from the ongoing illegal infringement, the act of stopping the illegal infringement causes damage to the illegal infringer, It belongs to legitimate self-defense and does not bear criminal responsibility." In this case, although Ye Hongqing tried to smash Liu Qingyi with a beer bottle, he was stopped immediately, and later Ye Hongqing smashed Liu Qingyi with a stainless steel basin and failed. Liu Qingyi was pushed and pulled by the persuaders After leaving the restaurant, he returned to fight with Ye Hongqing.

Judging from the whole fighting process, both Liu Qingyi and Ye Hongqing hit each other with bare hands, and the people present repeatedly tried to dissuade them but failed to persuade them to leave.

Liu Qingyi does not meet the conditions of urgency and necessity of defense, and his actions do not constitute legitimate defense.

3. Reporter: What are the main considerations for the sentencing of Liu Qingyi and Liu Dejian?

Presiding Judge:

The sentence of life imprisonment for the defendant Liu Qingyi and eight years for the defendant Liu Dejian was made after repeated deliberation and careful study by the collegial panel and the judicial committee.

According to the Criminal Law, whoever intentionally injures another person's body and causes death shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death.

The intentional injury committed by the second defendant in this case caused the serious consequence of the death of the victim, Ye Hongqing, and also caused irreparable harm to the victim's family, and should be punished according to law.

　　The following factors were mainly considered in the sentencing of this case: First, Ye Hongqing was responsible for triggering this case.

The evidence in the case shows that Ye Hongqing mocked Liu Qingyi's brother Liu Qingyan that night for not being able to use QR codes to collect money on his mobile phone, and disparaged Liu Qingyan's father-in-law, who has passed away for many years, which caused Liu Qingyi and Liu Qingyan's displeasure. After Ye Hongqing and Liu Qingyi had a verbal conflict, Ye Hongqing wanted to smash Liu Qingyi with a beer bottle The latter two fought.

Judging from the antecedents of the case, Ye Hongqing was responsible for triggering the case.

Second, the defendant Liu Dejian was an accomplice in the joint crime, and his punishment could be mitigated according to law.

The evidence in the case shows that Liu Dejian first put his arms around Ye Hongqing's waist for the purpose of persuading a fight, then punched Ye Hongqing after he was beaten due to the chaos at the scene, and then kicked Ye Hongqing at the gas station, combined with the time when Liu Dejian participated in the crime Liu Dejian played a secondary role in the joint crime, and should be identified as an accomplice, and his punishment can be mitigated according to law.

The third is that in this case, the two defendants pleaded not guilty in court, Liu Qingyi refused to pay civil compensation, and Liu Dejian expressed his willingness to mediate but did not actually pay compensation.

The close relatives of the victim did not forgive the two defendants and other factors.

Therefore, considering the antecedents of the crime, the means of committing the crime, the status of the principal and accomplices, the consequences of the crime, and the circumstances of confession and repentance, the court imposed the aforementioned sentencing on the two defendants within the statutory range.

4. Reporter: The victim's family reported that the criminal suspect Liu Qingyan was omitted. According to your trial, is there such a situation?

Presiding judge:

The public prosecution agency in this case only accused Liu Qingyi and Liu Dejian of committing crimes, and the court only tried the defendants charged in the indictment and the facts of the crime.

According to the evidence currently on file, two witnesses surnamed Ye among the participants in the wine bureau that night did say that they saw Liu Qingyan and also participated in beating the victim when they testified for the first time, but the two witnesses later expressed their opinions on the person who "saw Liu Qingyan beating someone". The testimony was denied, and said that the first testimony was inaccurate, Liu Qingyan was only in the middle of persuading the fight, and did not participate in the beating, and the subsequent testimony was stable and consistent.

The content of the testimony of the two witnesses surnamed Ye regarding "Liu Qingyan did not participate in the fight" is consistent with the statement of Liu Qingyi, the testimony of Liu Qingyan himself and the testimony of other witnesses at the scene.

Therefore, the existing evidence cannot determine that Liu Qingyan participated in intentional injury.

5. Reporter: After the case happened, the close relatives of the victim Ye Hongqing reported that "when the case happened, the defendant called the

village

Presiding judge:

The relevant evidence in the case shows that after the fight that night, Liu Guoguo, Liu Qingyi's daughter, called her mother, Wu Yu, who arrived at the scene.

After another conflict at the gas station, Liu Dejian fell to the ground. Wu Yu and Liu Qingyi called Liu Qingquan, Liu Dejian's younger brother, saying that Liu Dejian had been beaten.

Because Liu Qingquan and his wife Wang Xiangying were driving on the highway at the time, Wang Xiangying contacted the party secretary of the village and asked him to visit the scene.

The on-site surveillance video shows that the Party Secretary of Houtang Village arrived at the scene by car alone, but it did not show that there were other people in the car and that someone was holding a murder weapon. When he arrived at the scene, the village cadres and others from the victim's village were also present, and the fight was over. End.

Therefore, the problem reported by the victim does not match the evidence on file.

6. Reporter: After the case happened, the close relatives of the victim Ye Hongqing reported that "Ye Hongqing was beaten. After the masses called 110 to call the police, the Banmu

Did the inaction of the Banmu Police Station promote the death of the victim as reported by the

's close relatives ?

Presiding judge:

Judging from the evidence in the case, when the fight happened on the evening of June 28, 2021, the daughter of the defendant Liu Qingyi contacted her mother Wu Yu. The opponent fell to the ground.

Wu Yu called 110 at 22:41 that night to call the police, and the police from Banmu Police Station arrived at the scene at 22:51.

The law enforcement recorder video showed that Ye Hongqing was no longer at the scene when the police arrived. Only Liu Qingyi, Liu Dejian and others were present. Wu Yu claimed that they were the ones who called the police and that Liu Qingyi was beaten.

The police questioned Liu Dejian and Liu Qingyi at the scene, but both of them were unable to give a complete account of the incident due to drinking alcohol. Later, Liu Qingyi and Liu Dejian were picked up by relatives and friends. Report the case to the police station the next day.

The evidence in the case also shows that at 22:59 that night, Ye Hongqing was sent home, got out of the car and entered the house by himself, then walked in the courtyard by himself and called others.

In the early morning of the 29th, Ye Hongqing felt unwell. At 0:29, Ye Hongqing's wife Li Shuxiang called 120, and Ye Hongqing was sent to the hospital for treatment.

At 2:36, Ye Hongqing's daughter, Ye Huanhuan, called the police, saying that her family members had suffered cerebral hemorrhage, and the hospital had issued a critical illness notice.

The Banmu police station immediately understood the situation after receiving the police, and went to Liu Qingyi's home at about 4 o'clock to summon him to the case and interrogated him. Liu Qingyi confessed that Liu Dejian also participated in the fight.

At about 7 o'clock that day, the police went to Liu Dejian's home and summoned Liu Dejian to the case.

The public security organ opened a case for investigation on June 30.

Therefore, judging from the current evidence in the case, it does not show that there is a problem of inaction by the Banmu Police Station, and there is no causal relationship between the death of the victim and the police behavior of the Banmu Police Station.

(CCTV News client headquarter reporter Ge Ziyi)