The Fudan poisoning case, which has attracted much attention, will be heard in Shanghai High Court today. In the first-instance judgment of February 18 this year, the defendant Lin Senhao was sentenced to death and deprived of political rights for life for intentional homicide. Lin Senhao subsequently appealed, denying that he had the intention to kill the victim, Huang Yang.

On April 2013 15, Fudan University released the official Weibo late at night. A graduate student of Fudan University School of Medicine was admitted to the hospital because of physical discomfort, and then his condition became serious. The school organized many expert consultations and found no cause. The school then asked the police to intervene. On April 16, Huang Yang, the victim of the poisoning incident, passed away. After on-the-spot investigation and investigation, the police found that Lin Senhao, a classmate from Huang Yang dormitory, was suspected of committing a major crime. On June 19 of that month, the Shanghai police applied to the procuratorate for approval to arrest the suspect Lin Senhao on suspicion of intentional homicide.

2013165438+127 October, the case was heard in Shanghai No.2 Intermediate People's Court. The prosecution accused Lin Senhao and Huang Yang of living in the same dormitory. Because of trivial matters and discord, I gradually bear a grudge against Huang. 20 13 at the end of March, Lin Senhao decided to poison and kill Huang Yang. On the afternoon of March 3 1, Lin Senhao obtained reagent bottle and syringe filled with highly toxic chemical dimethylnitrosamine from the imaging medical laboratory of Zhongshan Hospital affiliated to Fudan University. At about 7: 50 on the same day/kloc-0, Lin Senhao injected all the highly toxic chemicals into the dormitory drinking fountains. The next morning, Huang Yang took the drinking water filled with highly toxic chemicals from the water dispenser and drank it. After that, Huang Yang vomited and went to the hospital for treatment. On April 16, Huang Jing died after being rescued. After identification, Huang Yang meets the death conditions of liver, kidney and other organ damage and functional failure caused by dimethylnitrosamine poisoning.

At the trial of first instance, Lin Senhao said that Huang Yang had joked that he wanted to "play tricks on people" in the coming April Fool's Day, and he had the idea of fooling Huang Yang, which led to poisoning. He said that his relationship with Huang Yang was average and there was no direct contradiction, but they were "somewhat uncomfortable" with each other. In his view, Huang Yang is smart, diligent and excellent, but a little self-righteous. Before the trial ended, he said, "My behavior led to the death of my classmate Huang Yang, which brought a great blow to his family. I'm sorry for my parents' nearly 30 years of parenting. I am guilty, and I accept any trial given to me by the court. "

Before the trial of the first instance, Huang Yang's father, Huang Guoqiang, said that Huang Yang's body had been stored in the funeral home for more than half a year, and they would only let Huang Yang be buried after the murderer was punished. After the verdict was pronounced in the first instance, Huang Yang's relatives cremated Huang Yang's body on February 6, 2009.

2065438+On February 25th, 2004, Lin Senhao's agent of second instance, Tang Zhijian, formally accepted Lin Senhao's entrustment to appeal to our court.

After the incident, it caused great controversy in Fudan campus and even in society. Huangyanggu insisted on handling it according to law and refused to accept an apology, but the voice of pleading for Lin Senhao kept coming. At the beginning of this year, Fudan University 177 students jointly signed a petition not to sentence Lin Senhao to death, and sent it to the Shanghai Higher People's Court, suggesting that the defendant Lin Senhao be given a chance to turn over a new leaf and take care of the parents of the victim Huang Yang in the future. Later, some media reported that a retired teacher from Guizhou wrote to the Shanghai High Court, demanding that Huang Yang's parents "beg for death" for Lin Senhao. At that time, Huang Guoqiang said this behavior was "naive". Huang Guoqiang said that if the sentence is changed in the second instance, he will definitely go to the relevant departments to ask why. His lawyer said, "I believe the court will handle this case fairly."

"If life is like the first time, it would be great ... Now, I can only say that I am very pale, and I am sorry ..." Earlier, some media reported that Lin Senhao had recently written an apology letter to the parents of the victim Huang Yang, begging them to forgive his soul. Huang Guoqiang said in an interview with the media that he did receive a letter of apology, but not recently, but in May and June this year. Moreover, this letter is not written by hand, but printed by computer, and only Lin Senhao's signature is attached to the bottom of each page. Signed "Sinner: Lin Senhao" at the end.

Huang Guoqiang said, "The tone in the letter is not like Lin Senhao himself, but a bit like a defense lawyer." Because Lin Senhao still said in his letter that he was only joking, they didn't accept the apology. In the face of the upcoming second trial, Huang Guoqiang still has a firm attitude: "Severely punish the murderer and kill for life."

The defense does not affect the sentencing, nor does it uphold the original judgment.

According to Lin Senhao's appeal, he said that he didn't intentionally kill Huang Yang, and the fact that the dosage of dimethyl nitramine that Huang Yang drank could directly lead to the victim's death is unclear. It was found that it constituted a factual error of intentional homicide and requested the court of second instance to revise the sentence.

However, there is no obvious indication that Lin Senhao has obtained the understanding of the victim Huang Yang's family. Whether his defense lawyer can provide enough evidence to prove that Lin Senhao did not intentionally kill Huang Yang subjectively, and his behavior will not inevitably lead to Huang Yang's death objectively, which will become the focus of the second trial.

Previously, the court had received a letter of pleading. However, the joint appeal has little legal significance. Experts said that apart from the letter of understanding of the victim's family or the request for "exemption from death", other people's similar requests should not be an influencing factor in sentencing.

In this case, the defendant Lin Senhao only has the plot of "can be given a lighter punishment" (instead of "should be given a lighter punishment") and has a good attitude of pleading guilty (the nature of excessive defense is not a bad attitude of pleading guilty), that is, there is such a plot, and the court has its own discretion on whether to give a lighter punishment, which is not enough to give a lighter punishment compared with Lin Senhao's motives, cruelty of means and murder that is extremely harmful to society. Some lawyers said that China is not a country that abolished the death penalty. Under the current legal framework, the court made a death sentence in this case according to law, following the principle of criminal law that crime and punishment should be commensurate.

According to Chinese laws, if the death penalty is pronounced in the second instance, it shall be executed within seven days after the Supreme Court approves the death penalty.