Hawker stabbed to death in a capital case defense

Case Description: May 9, Shenyang hawkers Xia Junfeng two urban management officers with a knife case, the High Court of second instance verdict in Liaoning. Second instance upheld the Shenyang Intermediate People's Court sentenced Xia Junfeng intentional homicide death penalty verdict. This decision aroused great concern to challenge the ruling, many Internet users. Yesterday, the trial judge responded to the public through the media questioned. However, the judge's response, Xia Junfeng families and their attorneys still have different views. Today, Xia Junfeng second instance the case of defense lawyer Teng Biao response to the court ruling on the interpretation.
· Hawker Xiajun Feng Shenyang City Administration finally killed the death penalty trial

· formal response to the High Court of Liaoning Xia Junfeng case questioned

1, 6 why the witnesses did not let?
Miao Xin said the judge, court trial, these materials have been delivered; but six witnesses and parties Xia Junfeng contradictory statements, it has not been accepted.
Article 47 of the Criminal procedure rules must be the witness to testify, the testimony of witnesses must be in court by prosecutors, victims and the accused, defense counsel questioned both sides, cross-examination, listen to all witnesses and verified through then, can serve as the basis for deciding.
another, the Supreme Court Dec. 7,evening gown dresses, 2005 release of (French [2005] No. 214) hearing death penalty cases of second instance, the following circumstances witnesses and expert witnesses should appear: (a) prosecution and defense witness testimony, expert disagrees with the conclusion of the testimony, conclusions have a significant impact on the conviction and sentencing of the testimony of witnesses, objections, Liaoning High Court to arrange the attendance of witnesses, cross-examination in the direct words. The second trial constituted a violation of procedure.
judge said, Since the testimony of contradictions, why inadmissible testimony in favor of the accused? A witness appearing before the same is not, and why the adoption of the witnesses Zhang, mold, Cao's written testimony, rather than the adoption of Zhang Jing, Shi Chunmei, Zhang Jie, Gu Ziqiang, Blending the Traditional Zhang Zhongwen testimony?
2, hawker Xia Junfeng in the market has not beaten?
judge said, , Xia Junfeng said: caught from behind, grabbed my car out. like bandits, like the pots and pans thrown to the ground, and we beg for mercy, saying, 'Today on Saturday', they said do not bullshit, hit me back of the head of a city management, urban management and dragging me three or four to their car. I struggled to resist, do not want to go with them. testimony.
3, the victim is beaten in the office of the Xia Junfeng?
judge said, subcutaneous bleeding obvious, but could not confirm when the system formed. the process of formation, we can not deny Xia Junfeng testimony to be determined scars formed in the urban management office. The prosecution can not bear the burden of proof onto the defense.
word in my defense has also carefully analyzed, and found traces of the dead from a stab wound in Bangui Xia Junfeng defensive position under the bar for human logic. The deceased left chest and back stab Shen Kai Chong, Zhang Xudong left upper chest stab the deceased record, and have left or upper right lower left lower right Traveling Traveling thorn record. Shen Kai height 1.82 meters, 1.80 meters tall and Zhang Xudong, and Xia Junfeng only 1.65 meters, if we are all standing postures, it is impossible to form more than in the chest or upper right upper left lower right lower left Traveling Traveling thorn record; was Xia Junfeng to Bangui posture,wholesale cycling jerseys, right hand knife, only the top and to the left shoulder forward after the Luantong can a victim's left upper chest or upper right lower left lower right Traveling Traveling thorn record.
Blending the Traditional proof of 6 individual testimony, Xia Junfeng before being beaten to the City Administration Office, soles were destroyed, things spilled over the floor and was forced to wear chased the car. Because Xia Junfeng resistance, was taken to the office after being beaten by a great possibility. Evidence also shows that the local urban management vendors often use violence and assault. Also, phone calls to family members after the incident Xia Junfeng Xia Junfeng my call list and testimony show that under Xia Junfeng was anger,cycling jerseys, This indicates that there is no Xia Junfeng intentional homicide,custom cycling jerseys, but was beaten during the angry resistance.
such evidence can be tied directly or indirectly, Xia Junfeng person proved to be beaten. Calmly say, Liaoning High Court that the evidence even if identified.
judge said:
4,sale evening dresses, Xia Junfeng kill motivation?
body is not dominant, you need to set up a stall to feed their families of laid-off workers, went to the City Administration Office kill two physically strong urban management, motive? Xia Junfeng was hit in the downtown area does not fight back, something was robbed did not respond when their love does not fight back hard for mercy, not in the hands on the car was pulled, not in the hands-off before the last in the office, but in into the office, lost opportunity to escape when the active application Kai and Zhang Xudong knife injuries? Verdict of intentional murder Xia Junfeng has completely illogical, unreasonable.
victims of the consequences of the two deaths and one injury, while serious, but can not be used to exclude self-defense or defensive, in the prevention of the moment,strapless wedding dresses, difficult to predict the consequences of unlawful infringement, the way of defense, defense degree of choice is very limited. General Xia Junfeng was arrested, beaten, forced to look at the whole process of defense, did not have the active pursuit of the death of the victim or the subjective laissez-faire attitude, their behavior patterns are also patterns of behavior with the intentional homicide is completely different. Teng Biao

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