case notification details
1. The defendant Feng Moumou, pseudonym Yang Baohua, male, born on **, 1985, resident ID number 3704811985*********, Han nationality, junior high school education, farmer, registered address No. ** Village, ** Town, Tengzhou City, Shandong Province. In September 2015, he was sentenced to ten months in prison by the Binjiang District People's Court of Hangzhou for committing fraud. On May 16, 2018, he was criminally detained by the Jimo Branch of Qingdao Public Security Bureau for suspected intentional injury. On June 19 of the same year, he was arrested by the People's Procuratorate of Qingdao Jimo District , and the next day he was arrested by the Jimo Branch of Qingdao Public Security Bureau.
2. This case was investigated by the Jimo Branch of Qingdao Public Security Bureau. On July 16, 2018, the defendant Feng Moumou was transferred to the People's Procuratorate of Jimo District, Qingdao for review and prosecution on July 16, 2018. The People's Procuratorate of Jimo District, Qingdao City submitted it to our court for review and prosecution on August 7 of the same year.
3. After accepting the case, this court informed the defendant on the same day that he had the right to appoint a defense lawyer, informing the victim's close relatives and parties involved in civil litigation had the right to entrusted the litigation agent , interrogating the defendant in accordance with the law, listening to the opinions of the defense lawyer and the victim's close relatives, and reviewing all case materials. During this period, the review and prosecution period will be extended twice and each for half a month. On September 22 and December 5, 2018, the public security organs were returned to the public security organs for additional investigation, and on October 22, 2018 and January 5, 2019, the public security organs re-transferred it.
4. After examination in accordance with the law, it was found that
: At around 17:00 on October 3, 2004, the victim Liu Mouyi (formerly named Liu Kaige, male, born in November 1985) and Zhao Liandong, Wan Kepeng (verified), Mao Xiaoning (on the fugitive) and others fought with the defendants Feng Mouyi and Liu Mouyi (on the fugitive) on the cement road of Xinyi Industrial Park Center of Jimo District, Qingdao City (formerly Jimo City). During this period, the defendant Feng Moumou chased and beat Mao Xiaoning to the duty room of Qingdao Yesheng Gift Co., Ltd., Xinyi Industrial Park, Jimo District Economic Development Zone, Qingdao City. Cao Yanhai, Liu Mouyi and others rushed over with iron pipes, pulled Feng Mouyi out of the duty room, punched Feng Mouyi in the company yard, and used iron pipes and other tools to hit Feng Mouyi. Feng Mouyi took out the dagger he carried with him and stabbed Liu Mouyi in the chest, causing Liu Mouyi to die on the spot. After forensic identification, the deceased Liu Mouyi died of a pericardial tampon due to a sharp device stabbing the chest while others were stabbed with a sharp device during his lifetime, causing the heart to rupture.
5. After the incident, the defendant Feng XX fled from the scene. On November 30, 2004, Feng was chased by the public security organs online. On April 18, 2018, the Gongshu Branch of the Hangzhou Public Security Bureau of Zhejiang Province discovered through a portrait comparison system that the person involved in the case who claimed to be Yang Baohua was similar to the facial features of the online fugitive Feng Moumou, and informed the Jimo Branch of the Qingdao Public Security Bureau. On May 16, 2018, investigators from the Jimo Branch of Qingdao Public Security Bureau escorted Feng Moumou back to Qingdao City. On May 24, 2018, the investigative agency confirmed Feng Moumou's identity through DNA identification. The evidence for identifying the above facts is as follows: 1. Issuing documentary evidence such as case resolution, household registration certificate; 2. Testimonies of witnesses Liu Moujia and Wang Moumou; 3. Confessions and defenses of the defendant Feng Moumou; 4. Forensic autopsy examination and identification opinion letter, forensic physical evidence examination and identification letter, etc.; 5. Transcripts of inspection, inspection, identification, etc.
Review results
should be held criminally responsible for intentional homicide
This court believes that the defendant Feng Moumou stabbed someone else's vital parts with a knife during the fight, causing death. His behavior violated Article 292, paragraph 2 and Article 232 of the Criminal Law of the People's Republic of China. The crime facts are clear and the evidence is true and sufficient. He should be held criminally responsible for intentional homicide. In accordance with Article 172 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is filed, please sentence it according to law.
case notification time
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