Fudan poisoning case

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Fudan poisoning case (2015) was a criminal case tried from 2013 to 2015 in which the suspect Lin Senhao was accused of intentional homicide by poisoning the victim Huang Yang. Lin Senhao's death penalty was executed on December 11, 2015.

On February 18, 2014, the Second Intermediate People's Court of Shanghai sentenced the defendant, Lin Senhao, to death for intentional homicide, depriving him of political rights for life. Then the defendant decided to appeal. On January 8, 2015, Shanghai High people's Court upheld the original sentence: death penalty for intentional homicide.[1]

This case was debated in Chinese jurisprudential circle and public opinion at the time of the trial.

Background[edit]

Relationship[edit]

Lin Senhao and Huang Yang were both graduate students of the medical school of Fudan University. They majored in different medical specialties. Since August 2010, Lin had been checked in to dormitory room 421. One year later, Huang Yang came to live in the dormitory and became Lin's roommate. After that, Lin was angry with Huang for a trivial matter, and gradually developed a grudge against him.[2]

On March 29, 2013, Lin heard that Huang Yang and other classmates wanted to make fun of other classmates on April Fools' Day.

Lin wanted to pull a poisoning prank on Huang Yang and to make him sick.[3]

Motivation[edit]

The Supreme People's Court was confirmed by review: the defendant Lin Senhao and the victim Huang Yang were graduate students of the same medical university, and lived in the same dormitory. Lin was dissatisfied with the victim Huang because of trifles, and decided to use poison to harm Huang Yang.

Poison[edit]

On November 27, 2013, in the courtroom of Shanghai no.2 Intermediate People's Court, Lin Senhao said, on March 31, 2013, he found his classmate LLü Peng and tried to ask him for N-nitrosodimethylamine he used in his experiment. Lin then got the key of laboratory from Lü Peng, then went to the laboratory and took a bottle containing 75 ml of N-nitrosodimethylamine and a syringe containing about 2 ml of the same.[3]

Poisoning dose[edit]

Prosecutors accused Lin of infusing at least 30 ml of N-nitrosodimethylamine into the water dispenser, which was more than 10 times the deadly dose for humans.[4]

The case[edit]

Poisoning details[edit]

On the afternoon of March 31, Lin Senhao borrowed the key from another person. Lin then got into 204 imaging medical laboratory, building 11 of Zhongshan hospital affiliated to Fudan University, took out the reagent bottle and syringes with the rest of poisonous chemicals N-nitrosodimethylamine stored after the medical animal experiments in 2011, put them into a yellow medical waste bag and took it out of the room.

Police investigation[edit]

On April 11, 2013, the cultural security bureau of the municipal public security bureau answered the incident of Huang Yang's poisoning. Police immediately organized a task force to conduct an investigation. Lin Senhao never told the truth previously, including when he accepted investigation by the police.

About 0:00 on April 12, 2013, after the police determined that Lin was a suspect and summoned him, Lin then confessed the fact that he put N-nitrosodimethylamine in the 421 water dispenser.

On April 12, 2013, Lin was detained by the police.

On April 16, 2013, Huang Yang died at 3:23 pm after failing to revive. After authentication by forensics, the acute liver necrosis caused by N-nitrosodimethylamine poisoning caused the death by multiple organ failure.

Formally arrested[edit]

On April 19, 2013, Shanghai police charged the procuratorate with the arrest of a suspect, Lin, of the "4·1" case of Fudan University.

On April 25, the Huangpu district procuratorate gave the permission to arrest the criminal suspect Lin of the "4·1" case of Fudan University.

Prosecution[edit]

On October 30, 2013, Shanghai No.2 Intermediate People's Court received the prosecution of the suspect Lin. The prosecution accused Lin of the crime of intentional homicide using poison.[5]

Judicial procedure[edit]

The first-instance court: Shanghai No.2 Intermediate People's Court[edit]

At 9:30am on November 27, 2013, Shanghai No.2 Intermediate People's Court held a public hearing of the "Fudan poisoning case". In the hearing, the prosecutor alleged that Lin murdered Huang Yang by poisoning intentionally just because of trifles. The means were cruel, and the social harm was heavy. Lin's acts constituted intentional homicide, so prosecutors asked the court to punish Lin severely.

The defendant Lin Senhao argued that, the motivation of poisoning was just to make fun of Huang Yang on April fool's day. He had no intent to kill Huang Yang. Defenders had no objection of the indictment, but put forward that Lin was indirect intentional homicide, and could confess guilt, should be given a lighter punishment in accordance with the law.

At 6:15pm on November 27, 2013, the hearing ended. Shanghai No.2 Intermediate People's Court announced the judgment of this case will be pronounced on a date of choice.

On February 18, 2014, made the first-instance judgment. The defendant, Lin Senhao, was sentenced to death penalty for intentional homicide, and denied political rights for life.

The second-instance court: Shanghai High People's Court[edit]

On February 25, 2014, Lin's lawyer, Tang Zhijian, was formally appointed by Lin Senhao to appeal.

On January 8, 2015, Shanghai High People's Court announced the original judgment of Lin Senhao poisoning case was affirmed. The second-instance court did not accept the defendant's contention, and said although Lin confessed the guilt after arrest, his means of killing were cruel and the consequences were serious, so Lin couldn't get a lighter punishment. The second-instance sentenced Lin Senhao to death penalty for intentional homicide. According to Criminal Procedure Law, the death penalty sentence of Lin Senhao was submitted to The Supreme People's Court for approval.[2]

The Supreme People's Court[edit]

On May 26, 2015, the Supreme People's Court heard Lin Senhao's defence contention. The defender claimed that the second-instance court's sentencing was too heavy.[6] The judge of The Supreme People's Court said the case will be reviewed in accordance with the law.

On December 9, the "Fudan poisoning case" had made new progress. The result of Lin Senhao's death penalty review came out. The Supreme People's court issued the verdict approving Lin Senhao's death penalty.[7]

Details and development[edit]

Supreme Court judge met Lin's father, setting a precedent[edit]

The chief justice met Lin's father in the courtroom, and the lawyer said: "It's the first."

The lawyer of Lin's father, Xie Tonxiang said, on July 28, 2015, by his application and communication, the chief justice agreed the defendant's father, Lin Zunyao's request to meet after asked for instruction superior and careful consideration. Lin Zunyao and the chief justice of Fudan poisoning case exchanged some parts of the case in the courtroom of The Supreme People's Court. Lin Zunyao said, this meeting lasted for hours, the judge and the clerk made a detailed record.

The lawyer, Xie Tongxiang said, there was no precedent that the chief justice meets the defendant's relatives, "This is the first time since The Supreme People's Court has repossessed the right to review the death penalty, the judges of the death penalty have met directly with the relatives in the courtroom."[8]

The suspect is approved for the death penalty[edit]

On December 10, 2015, the defendant of Fudan poisoning case, Lin Senhao's father, Lin Zunyao, said he received a notification from the court. The notification said that The Supreme People's Court has approved Lin Senhao's death penalty, and issued the verdict of Lin Senhao's death penalty.

Lin Zunyao said: "My heart breaks, I can't think now." He was told by The Supreme People's Court that he must go to see Lin Senhao before December 11.

The lawyer used of the defendant, Xie Tongxiang said that he will submit a written application to help Lin Senhao apply for a pretest, in order to make a final effort.[9]

Public opinions[edit]

"This sentence sparked heated debate. Professional and knowledgeable elite students not abiding by the basic line of ethics makes people vigilant. A too utilitarian social environment allows us to ignore the cultivation of the most basic health personality; the indoctrination of animosity makes the restless youth narrow-minded and intolerant. From intimate roommate to poison, it's not just education that needs to rethink."[5]

References[edit]

  1. ^ "百度百科:林森浩".
  2. ^ a b "权威发布 - 中华人民共和国最高人民法院". www.court.gov.cn. Retrieved 2017-11-06.
  3. ^ a b 孙建. "复旦投毒案终审 三大疑问跌宕起伏引关注-中国农业新闻网". www.farmer.com.cn. Retrieved 2017-11-06.
  4. ^ 网易. "上海一周:反思"复旦投毒案"中的舆论角色_网易财经". money.163.com. Retrieved 2017-11-06.
  5. ^ a b "百度百科:复旦投毒案".
  6. ^ "最高法复核复旦投毒案被告人死刑判决". news.ifeng.com. Retrieved 2017-11-06.
  7. ^ ""复旦投毒案"续:最高法已核准林森浩死刑". news.ifeng.com. Retrieved 2017-11-06.
  8. ^ 于艳彬. "复旦投毒案:最高法死刑复核法官接见凶手父亲_中国新闻_南方网". news.southcn.com. Retrieved 2017-11-06.
  9. ^ "复旦投毒案嫌犯被核准死刑 律师将向最高检抗诉_新闻_腾讯网". news.qq.com (in Chinese). Retrieved 2017-11-06.

Further reading[edit]