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Details of intentional homicide trial of Bogu Kailai, Zhang Xiaojun
                 English.news.cn | 2012-08-11 13:31:51 | Editor: 邓沙沙

合肥市人民检察院指控被告人薄谷开来和张晓军采取投毒手段杀人,犯罪事实清楚,证据确实充分,其行为触犯了《中华人民共和国刑法》第二百三十二条的规定,应当以故意杀人罪追究其刑事责任。本案系共同犯罪,薄谷开来是主犯,张晓军是从犯。

二被告人对起诉书指控的犯罪事实作了陈述,承认故意杀人的犯罪事实。公诉人、辩护人分别讯(询)问了被告人。

随后,法庭进入举证质证阶段,公诉人通过多媒体展示了被告人供述、证人证言、物证书证、勘验检查笔录、鉴定意见、视听资料等证据。控辩双方还就案件事实、证据及适用的法律等问题进行了法庭辩论。

合肥市人民检察院在公诉意见书中指出,本案是一起非法剥夺他人生命的故意杀人案件。生命权对于每个公民来说,是最基本、最重要的权利。世界各国法律无一例外地将生命权的保护置于极其重要的位置,这既是对生命本身的关爱,又是对人权的充分尊重。我国刑法历来都对故意杀人罪规定了严厉刑罚,充分保障每个公民的生命健康权。二被告人的行为不但使被害人失去了宝贵的生命,也破坏了几个原本幸福的家庭,造成了难以挽回的社会影响。法律面前人人平等,在建设社会主义法治社会的今天,任何人触犯了法律,都要受到追究。

15时10分许,庭审即将结束,薄谷开来在作最后陈述时说,对起诉书指控的案件事实我表示接受。这个案子像一块巨石一样压了我半年多,现在回想起来,真是噩梦一场。去年11月的那几天,当我确知儿子危在旦夕的时候,我的精神的确是崩溃了。一个悲剧因为我而发生,不仅对尼尔,而且延伸到几个家庭。这个案子的发生给党和国家带来了很大损失,我应当承担责任,我将永远难以心安。感谢办案人员对我的人道主义关怀,我向法庭郑重表示,为了维护法律尊严,我愿接受并坦然面对任何判决,我也期待法庭公平公正的判决。

张晓军最后陈述说,我对我的行为表示认罪,在此向受害人家属说声对不起。希望法庭给我一个重新做人的机会,我真的知道错了。

15时20分,法庭审理结束,审判长宣布休庭,择期宣判。

 

The People's Procuratorate of Hefei City accused the two defendants of murder by poisoning. With clear facts and substantial evidence, their behavior violated Article 232 of the Criminal Law of the People's Republic of China; therefore, the two defendants should be held criminally responsible for intentional homicide. The case is a joint offense, with Bogu Kailai as the principal and Zhang Xiaojun as the accessory.

The two defendants made statements on the facts presented in the indictment and confessed to intentional homicide. The prosecutors and the defense counsels cross-examined the two defendants.

Then, the hearing proceeded to the cross-examination of evidence phase. The prosecutors presented their evidence, including the defendants' statements, witness testimonies, material evidence, documentary evidence, records of inquests and examination, expert conclusions and video and audio materials. The prosecutors and defense counsels also debated issues, including the facts, evidence and the application of the law.

The People's Procuratorate of Hefei City pointed out in the indictment that the case is one of intentional homicide that illegally deprived another of life.

The prosecutor said that each citizen's right to life is the most basic and important right. The law of all countries, without exception, puts the protection of the right to life as paramount, which not only shows care for life, but also fully respects human rights. China's Criminal Law, which fully guarantees each citizen's right to life and health, has stipulated severe penalties for intentional homicide. The actions of the two defendants not only caused the victim to lose his life, but also damaged several happy families, bringing destructive social impact that is hard to repair. Everyone is equal before the law. In constructing the socialist society ruled by law, anyone who breaks the law will be held responsible.

When the trial was about to close at 3:10 p.m., Bogu Kailai said in her final statement that she accepted all the facts written in the indictment, saying, "This case has been like a huge stone weighing on me for more than half a year. What a nightmare. During those days last November, I suffered a mental breakdown after learning that my son was in jeopardy. The tragedy which was created by me was not only extended to Neil, but also to several families."

"The case has produced great losses to the Party and the country, for which I ought to shoulder the responsibility, and I will never feel at ease. I am grateful to the humanitarian care shown to me by those who handled the case. I solemnly tell the court that in order to maintain the dignity of the law, I will accept and calmly face any sentence and I also expect a fair and just court decision," she said.

Zhang Xiaojun said in his final statement that he confessed his guilt, and would say "sorry" to the relatives of the victim. "I hope the court can give me a chance to take a new lease on life. I really know that I did wrong."

At 3:20 p.m., the trial closed. The chief judge announced an adjournment and the judgment will be announced at a later date.

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Bogu Kailai stands trial for intentional homicide
Bogu Kailai, Zhang Xiaojun charged with intentional homicide
Bogu Kailai, Zhang Xiaojun prosecuted for intentional homicide
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