Tian Jiwei, deputy director of the Inner Mongolia chifeng city second hospital radiology department because of dissatisfaction with zhang, director of the works, in two years time, continue to zhang modulation of the water glass on the elaborate of the drug.
this means despicable crime, causes the victim zhang, with pain has been diagnosed with lumbar bone hyperplasia, lumbar vertebral compression fractures, 1 lumbar degeneration, ischemic necrosis of femoral head, eye cataracts, diabetic, Cushing’s syndrome, right ovarian cyst, hysteromyoma, 20 multiple symptoms.
more unfortunately, by zhang in Tian Jiwei tripp remedy to the case and report to the police after the capture of the process, the victim zhang by illness, medication to suicide.
net written judgment has released in Inner Mongolia, the court second trial of criminal verdict, Tian Jiwei was found guilty of murder, sentenced to life imprisonment. In one, a second trial, Tian Jiwei & other; Intentional killing & throughout; Charges, think they should be intentional injury (attempted) convicted and punished, should not be investigated for criminal responsibility according to law, or from criminal punishment.
Tian Jiwei during the period of custody, will also be the first reported the case of the Inner Mongolia morning paper reporter Chen Xiujun and its unit to court, said the reputation infringement, in the end, Tian Jiwei withdrew its appeal again after losing.
& other; The defendant’s family are now moved away and not in chifeng city. Throughout the &; On January 7th, Chen Xiujun said to surging news (www.thepaper.cn).
reported dissatisfaction tell reporter, think & other; Qualitative no & throughout;
on March 19, 2016 morning, the chifeng city public security bureau police punavuori bureau in chifeng city the radiology department on the second floor, the second hospital emergency floor will Tian Jiwei captured. On April 26, Tian Jiwei by prosecutors on suspicion of murder. ‘
on May 4, 2016, Inner Mongolia morning post reporter Chen Xiujun according to content provided by prosecutors, made to the name and hao after processing, such as in the Inner Mongolia morning post new media published a “chifeng city hospital doctors with hormone against colleagues, suspected of murder was arrest” of news. Chen Xiujun is the first report of chifeng doctor coagulant dosage of journalists.
the May 10, has been in custody Tian Jiwei wife and lawyer, lawsuit to Inner Mongolia morning post and Chen Xiujun, said & other; Without court to determine whether a crime cases reported, belongs to the news reports untrue, infringed the plaintiff’s reputation, and has adverse effects to the plaintiff and their families spiritually & throughout; .
request Tian Jiwei ordered two defendants emotional distress compensation of 50000 yuan; In the mobile terminal, today’s headlines, splashed across the front page of the Inner Mongolia morning post, WeChat male & other The morning paper chifeng in Inner Mongolia news & throughout; Admitting prominently to plaintiff news reports and published apologies to the plaintiff.
in chifeng punavuori court believes that the manuscript to the case from the procuratorial organs, in the content of the article and is real, the plaintiff filed for lack of evidence, therefore has overruled the plaintiff claims.
the case on September 12, 2016 after the first-instance judgment, Tian Jiwei appeal, think the first-instance court & other; Articles from legitimate sources & throughout; The cognizance of improper, because this manuscript source is not a public document of procuratorial organs functions and powers in accordance with the production, and the defendant did not fulfill the duty of examination and verify the authenticity of news source.
& other; On the day of the second instance court plaintiff dropped throughout the &; , Chen Xiujun tell surging news, & other; Their main thought report alleged & lsquo; Intentional killing & rsquo; Qualitative inaccurate, they think just deliberately harm & throughout; .
a, the second focus: intentional homicide or intentional injury
in Inner Mongolia, the court decision, according to the case of a focus of the debate is: Tian Jiwei behavior of department director zhang remedy to the case, is intentional injury or murder? A, the second instance court that Tian Jiwei constitute intentional homicide.
in the first instance, for the public prosecution organ charges of intentional homicide Tian Jiwei the defendant and his defenders put forward & other; Tian Jiwei deliberately did not kill zhang, whose behavior is harm behavior, shall be deemed to be intentional injury (failed), should not be criminal responsibility shall be investigated for Tian Jiwei, or from criminal punishment & throughout; . Chifeng then defend this opinion is not adopted, think Tian Jiwei because of dissatisfaction with zhang works, in order to reach the goal of the work not see zhang, plotting revenge, and from the crime motive, cause, criminal tools and victim behavior means, the body organ damage and so on various factors taken into account, the subjective psychological and behavior consistent with the basic features of intentional homicide, intentional killing cime in the criminal law should be investigated for criminal responsibility according to law.
after the court decision of first instance of chifeng then Tian Jiwei life imprisonment, Tian Jiwei to & other; The first-instance court ascertained that the truth is wrong, should with intentional injury (attempted) convicted and punished; Because there is no evidence that its actions cause harm to the victim as a result, therefore, should not be investigated for criminal responsibility according to law, or from criminal punishment & throughout; Appeal, such as. Tian’s defenders put forward Tian Jiwei & other; Subjective not deprive the victim’s life intentionally, ascertaining the facts the lack of evidence to support the victim suicide on the appellant is unfair, the request for the appellant’s punishment & throughout; Such as defence.
in Inner Mongolia, the court second trial that Tian Jiwei behavior constitute intentional homicide, and & other; Means bad, bad circumstances, serious consequences, shall be punished in accordance with the law & throughout; . Tian Jiwei has embarked on the crime, because its will cause an offender, attempted crime, but in comparison with light punishment.
Tian Jiwei and its defenders, and appeal the defence, the court thought of Inner Mongolia, the statement of confession and the victim zhang Tian Jiwei and chifeng city, the second hospital of medical personnel’s testimony are confirmed, Tian Jiwei to no longer see zhang, meticulously, plotting revenge, Tian Jiwei knowing that long-term use of them to drugs can cause serious harm to human body, and even death, still, caused zhang left eye cataracts, thoracolumbar compression fractures, bilateral femoral head necrosis, Cushing’s syndrome, such as serious damage, and let the injury consequence, the subjective intent of criminal law, criminal responsibility shall be investigated for its intentional killing cime in the criminal law should be, so the appeal reason and defend opinion cannot be established, not be adopted.
in Inner Mongolia, according to the court orders Tian Jiwei think & other; Zhang symptoms is not necessarily caused by long-term intake of its delivery drugs, not exclusive, on the basis of uncertain facts, so not as evidence finalized & throughout; , and put forward the new appraisal application.
the court held that as, appraisal institution on the basis of zhang check-up report, the hospital medical records, inspection inspection report and the living examination of the patient, demonstrated zhang has involved drug intake exogenous conditions for a long time, and the appraisal organization and appraisal personnel with legal qualifications, identification of programs, procedures, methods, all conform to the laws and regulations and industry standard, appraisal opinions clearly, have objective relevance to the case to the facts.
therefore, Inner Mongolia ruled Supreme Court second trial & other; To reject the appeal and upheld & throughout; .