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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

——死亡原因。

公诉人出示的证人证言显示:薄谷开来通过他人非法获取了含有氰化物的毒药(俗称“三步倒”)。

法庭上,公诉人出示的公安部物证检验报告、物证检验意见书等证据显示:在对案发现场提取的痕迹物证以及由重庆市公安局在尼尔·伍德死亡后提取并保存的尼尔·伍德心血重新检验、鉴定后,验明尼尔·伍德心血和现场提取的部分呕吐物中含有氰离子,尼尔·伍德的死亡原因系氰化物中毒所致。

法庭上,薄谷开来和张晓军的辩护人对心血等物证检材的流转、保管等问题提出了辩护意见。公诉人在答辩时指出,心血等关键检材的保管正常,证明了物证的合法性。

公安部物证鉴定中心专家出庭作证并回答了公诉人和辩护人的提问。

——司法鉴定。

在案件审查起诉阶段,薄谷开来聘请的律师向检察机关提出了对薄谷开来案发时的精神状态进行司法精神医学鉴定的申请。检察机关经审查,依法委托上海市精神卫生中心司法鉴定所对其进行鉴定。

专家鉴定组在查阅病历、讯问笔录、证人证言,与被鉴定人薄谷开来单独交谈并进行讨论分析后认为,薄谷开来曾先后因“慢性失眠症”、“焦虑抑郁状态”、“偏执状态”等接受过治疗,使用过抗焦虑抑郁、镇静催眠药物,甚至合并使用过抗精神病药物治疗,但疗效并不持久,并且对镇静催眠药物也形成了一定的躯体和心理依赖,并致精神障碍。但是,被鉴定人本次作案有明确目的和现实动机,作案之前经过了预谋准备,如向他人索要并存放毒药、策划将被害人带到重庆、安排作案地点等;对作案环境辨认良好;存在较强的自我保护意识。综上,被鉴定人薄谷开来对本次作案行为性质和后果的辨认能力完整,控制能力削弱,应评定其具有完全刑事责任能力。

-- CAUSE OF DEATH

Witness testimony provided by prosecutors showed that Bogu Kailai illegally obtained the poison that contained cyanide compound through other people.

During the trial, the Ministry of Public Security's reports and position papers on the examination of material evidence, as offered by prosecutors, showed that blood extracted from Heywood's heart and samples of his vomit collected at the crime scene contained cyanide ions, and Heywood's death was caused by cyanide poisoning. The conclusion was based on renewed examination and identification of trace evidence taken at the crime scene as well as the blood from Heywood's heart, which was collected and preserved by the Public Security Bureau of Chongqing after his death.

During the trial, defense counsels of Bogu Kailai and Zhang Xiaojun raised questions concerning the transfer and preservation of the blood from Heywood's heart and other material evidence. Prosecutors pointed out that the blood and other key pieces of evidence were preserved in normal conditions, proving the validity of the material evidence.

Experts with the material evidence identification center under the Ministry of Public Security appeared in court to testify and answered questions raised by the prosecutors and defense counsels.

-- EXPERT TESTIMONY

During the examination and prosecution phases of the case, defense counsels entrusted by Bogu Kailai filed an application to the prosecuting body to evaluate Bogu Kailai's mental state at the time of Heywood's death through forensic psychiatric expertise.

After examination, the prosecuting body entrusted the forensic examination institute under the Shanghai Mental Health Center to conduct an evaluation of Bogu Kailai's mental state in accordance with the law.

After studying her medical records and interrogation transcripts, hearing the testimony of witnesses, talking with Bogu Kailai alone and conducting discussion and analysis, the expert group concluded that Bogu Kailai had been treated for chronic insomnia, anxiety and depression, and paranoia in the past.

She used to take anxiolytics, antidepressants and sedative hypnotic drugs, and she also received combined treatment by taking antipsychotic drugs, but the curative effect was not enduring. She developed a certain degree of physical and psychological dependence on sedative hypnotic drugs, which resulted in mental disorders.

However, Bogu Kailai had a clear goal and a practical motive in committing the alleged crime. Preparations were made prior to the alleged criminal act, including, for example, asking for poison from others and storing the poison, planning to take the victim to Chongqing and arranging the location for committing the alleged crime, among others.

She was also able to determine the environment for committing the alleged crime, and she had a relatively strong awareness of protecting herself.

Taking all of the above factors into consideration, Bogu Kailai has an intact ability to identify the nature and consequences of this alleged criminal behavior and a weakened ability to control herself. Therefore, she should be identified as having the capacity to accept full criminal responsibility.

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Bogu Kailai stands trial for intentional homicide
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