China News Service, Beijing, February 2 (Reporter Zhang Su) Wang Shujin, a criminal who committed intentional homicide and rape, was executed on February 2.

He once received attention for confessing that he was the real murderer in the Nie Shubin case.

Since the verdict of the first instance was announced in 2007, the case has undergone ups and downs in the second instance, death sentence review, remand for retrial, and sentencing again, and the public has different opinions.

　　To this end, the person in charge of the Third Criminal Tribunal of the Supreme People's Court of China accepted an interview and answered the factual and legal basis for ruling and approving the death penalty, why only four crimes of rape and intentional homicide were found.

　　What is the factual and legal basis for ruling and approving the death penalty?

　　The court found that Wang Shujin’s crimes included rape and murder of 3 people, and another attempted murder after rape.

　　The person in charge of the third court of the Supreme Court stated that Wang Shujin was sentenced to three years in prison for rape in September 1982. He did not want to repent after he was released from his sentence. He has repeatedly committed rape and intentional homicide. The subjective malignancy is extremely deep. It is extremely dangerous and socially harmful. The crime is extremely serious. Although there are circumstances of surrendering, it is not enough to follow the crime according to the crime, nature, circumstances and degree of harm to society, and considering its subjective malignancy and personal danger. Lighter punishment.

Therefore, the Supreme Law ruled and approved his death penalty according to law.

　　It is worth noting that the Supreme Court sent the case back for retrial in November 2020 because of the emergence of new evidence during the Supreme Court’s death penalty review and technological advancement that confirmed the true identity of the victim.

The first-instance judgment and second-instance ruling of the second trial found more crime facts than the first-instance judgment and second-instance ruling of the first trial.

　　The person in charge of the third criminal court of the Supreme Court said that this is fully in line with the requirements of evidence judgment, no principle of suspected crime, and indifference.

　　Why are only 4 crimes of rape and intentional homicide identified?

　　After Wang Shujin came back to the case, he voluntarily confessed that he had committed 6 rapes and intentional homicides, of which 4 rapes and intentional homicides were confirmed by judicial organs.

　　Wang Shujin is widely known, largely because he was arrested and confessed to the 1994 "Rape and Murder Case in the Western Suburbs of Shijiazhuang", which became a key node on the road to the redress of Nie Shubin's case.

Although Wang Shujin continued to emphasize that he was the "true murderer" in the Nie Shubin case during the proceedings, the crimes found by the court did not include this case.

　　The person in charge of the Criminal Tribunal of the Supreme Court stated that the two other rapes and intentional homicides confessed by Wang Shujin were found to be untenable after inspection by the investigative agency and the prosecution.

People's courts hearing public prosecution cases should be based on the criminal facts charged by the public prosecution agency. In this case, the court did not affirm the other two crimes committed by Wang Shujin that were not charged in the indictment in accordance with the law.

　　According to the law, it can be determined to have surrendered but not meritorious

　　According to the criminal law, after committing a crime, he voluntarily surrenders to the crime. If he truthfully confesses his crime, he is surrendered.

The person in charge of the third court of the Supreme Court said that according to law, Wang Shujin can be found to have surrendered.

　　Wang Shujin and his defenders proposed that Wang Shujin's voluntary confession of the "Rape and Murder Case in the Western Suburbs of Shijiazhuang" should be deemed a major meritorious service.

　　The person in charge of the Third Criminal Division of the Supreme Court pointed out that for criminals who confessed their crimes after being brought back to the case, it is not only unfounded by law, but also contrary to legal principle and reason. Even if it is verified to be true, it can only be regarded as surrender or confession. At the same time, criminals shall bear criminal responsibility for the crimes that are verified to be true.

Wang Shujin confessed that the many rapes and intentional homicides committed by him, regardless of whether they were verified to be true or not, were not in compliance with the criminal law and judicial interpretations.

　　Some commentators said that it is perhaps the greatest significance of Wang Shujin's case to let the heinous people die clearly and let the public see fairness and justice truly.

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