Chapter 58 Section 3

The trial hall of the ancient city court was packed.  The outside of the Judgment Hall was filled with crowds who had been there early, and they wanted to see for themselves what the demon who had disturbed their peaceful life for eight years looked like.  Gucheng Detention Center.  The rattling sound of iron manacles and fetters sounded again in the long corridor, Shi Yongzheng, Ye Qianshan, Xia Xiaoqi followed the judicial police to pick Chen Mo up to the courtroom... Just last night, Huang Sha was finally unable to see the final trial due to advanced cancer lesions. On the morning of the trial, Huang Sha was lying in the morgue of the hospital...

Before getting into the car, Chen Mo turned to Ye Qianshan and said, "Qianshan, I will have to push in court later, I can't admit it!" "Why didn't you admit it?" Ye Qianshan and the others expected Chen Mo to retract his confession in court. Yesterday, the court held a preparatory meeting and decided on two plans. Regardless of the trial, no matter what, the evidence must ultimately speak.Ye Qianshan knew about this, but he still asked on purpose.  "This case has too much influence in the ancient city. It has become the number one in the whole country, and there must be no empty seats. If I confess to such people, I will lose face! Then I will not sing. In addition, our family People from our family will definitely go. If I admit it with our family members, our family members will not be able to go out in the future and will be shameful! When we walk on the road, people will point at the back of our family members. Based on these two points, I am The confession will be retracted in court!"

The trial went through a long process, and Chen Mo overturned all the confessions.The most common sentence he said in court was: "I didn't do it!"  The tossing and turning of verbal swords echoed under the gray sky.  After Chen Mo was sentenced to death and deprived of political power for life in the first instance, Chen Mo appealed against the conviction. So the sound of judgment echoed again in the courtroom of the ancient city and in the sky: H Province Higher People's Court Criminal Ruling (1996) H Xing Yi Zhong Zi No. 499 The original public prosecution organ Gucheng People's Procuratorate. 

The appellant (defendant in the original trial) Chen Mo, male, born on June 24, 1964, Han nationality, from Gucheng, H Province, lives in Room 403, Gate 4, Building 10, Huagang District, Gucheng City, and is an investigator of the Third Brigade of the Criminal Police Detachment of the Gucheng Public Security Bureau . He was placed under residential surveillance on December 29, 1995. He was detained and inspected on January 24, 1996. He was arrested on May 4 of the same year and is currently in custody in the Gucheng City Detention Center.  The Gucheng Intermediate People's Court tried the defendant Chen Mo's robbery and intentional homicide case, and issued a criminal judgment (1996) Gu Xing Chu Zi No. 66 on May 31, 1996. The defendant Chen Mo refused to accept the case and appealed.This court formed a collegial panel according to the law to hear the case, and the trial has now come to an end. 

The original judgment found that the defendant, Chen Mo, premeditated to grab guns for the purpose of robbing money. At around 19:00 on November 1, 1987, at a quiet place in Xiejie Street, Hongshan Road Police Station, Qiaobei District, Gucheng City, when policeman Song Changzhong passed by unprepared, he used an iron The stick slammed Song Changzhong on the head, causing serious injuries, because he did not carry a gun and failed to grab the gun; at about 20:00 on December 11 of the same year, Chen Mo used a wooden stick, Sun Guiqing, a policeman from the Zhongshan Road Police Station who was passing by the stone, hit him several times on the head, resulting in his death from craniocerebral injury. To kill Sun Guiqing, he shot Lin Tiange in the abdomen with the "May 4th" pistol that robbed Sun Guiqing in front of Building 6 of Guangmingli Community, Xishan Road, Qiaonan District, at around 21:00 on the 24th of the same month. After Lin fell to the ground, Chen Mo took out another Lin Tiange's "May 4th" pistol hit Lin Tiange's head, resulting in Lin Tiange's skull fracture, severe brain contusion, abdominal aorta rupture and massive hemorrhage, and Lin Tiange's pistol and more than ten bullets were taken away; At around 18:00 on the 15th, Chen Mo used the "May 4th" pistol that he robbed Lin Tiange to shoot at Cao Jianhua and Bai Xiaoqin, salesmen on the way to the Caihong Road Savings Bank in Qiaobei District, and shot Cao in the chest, causing damage to his lungs and cardiovascular system. Severe damage to death, hit Bai's arm and caused minor injuries, caused hemorrhage due to shock and caused fetal death in the abdomen, robbed more than 45,000 yuan of business funds, and shot passers-by Yi Huashan and Zhao Lanxiang with a pistol on the way to escape from the scene. die.The above facts are confirmed by the on-site investigation, forensic medical appraisal conclusions on the bodies of the deceased and the wounded, criminal science and technology appraisal and witness testimony.The defendant Chen Moyuan also confessed to the case many times.It is enough to determine that Chen Mo committed the crime of robbery and intentional homicide, and he was sentenced to death. He decided to execute the death penalty and deprive him of political rights for life.Chen Mo appealed mainly: no crime was committed, and the evidence in the original judgment was insufficient. 

After the trial, it was found that the facts and circumstances of the original judgment that the defendant Chen Mo committed the crime of robbery and intentional homicide were correct, and the evidence was reliable and sufficient.Chen Mo had confessed to the criminal facts of robbery and murder many times, and the circumstances he confessed were consistent with the relevant evidence, so the grounds for his denial of committing the crime on appeal cannot be established. This court holds that the appellant Chen Mo robbed and murdered, the circumstances and consequences of the crime were particularly serious, and the social harm was great, so he should be sentenced to death.The original judgment found the facts and applied the law correctly, the sentencing was appropriate, and the trial procedure was legal.After discussion and decision by the judicial committee of this court, in accordance with the provisions of Article 136 (1) of the "Criminal Procedure Law of the People's Republic of China", the ruling is as follows:

The appeal was dismissed and the original judgment was upheld.  This ruling is final.  According to the provisions of the Supreme People's Court on authorizing higher people's courts to approve some death penalty cases, this ruling is also a ruling to approve the death penalty for the defendant Chen Mo for the crime of robbery and intentional homicide, decide to execute the death penalty, and deprive him of political rights for life.  Presiding Judge: Liu Xiaomin Judge: Wang Liqing Acting Judge: Ding Ran June 22, 1996 Clerk: Xu Hui