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on september 25, the reporter learned from the families of both parties that the second instance of the case in which a cppcc member in liling, hunan, hit and killed a national people's congress deputy upheld the original verdict.

in september 2019, liu, the director of huabu village in liling, was hit and killed by chen, the director of tangfang village, while mediating the land exchange between the village enterprise and tangfang village. liu was a member of the liling municipal people's congress at the time, and chen was a member of the liling municipal cppcc. in the first instance of the case, chen was sentenced to death for intentional homicide. the hunan high court ruled to revoke the original verdict and sent it back for retrial. during the mediation, chen's family compensated liu's family 6.5 million yuan and obtained forgiveness.

in january 2024, the zhuzhou intermediate people's court sentenced chen to 15 years in prison for intentional injury. the families of both parties were dissatisfied with the first-instance verdict, and chen appealed. the second-instance court upheld the original verdict. chen's father said that his son thought there would be a conflict, so he lowered his head to take the spray while driving, causing the vehicle to lose control and hit someone. the verdict shows that the evidence of this view was found by chen's family during the appeal period, and the court did not adopt it.

red star news previously reported:

a village director in hunan killed a village director from a neighboring village. after paying 6.5 million yuan in compensation and being forgiven, his death sentence was commuted to 15 years in prison.

in 2019, liu bo, a village director and municipal people's congress representative in liling city, hunan province, was hit and killed by chen xu, a 31-year-old village director from a neighboring village.

in 2021, chen xu was sentenced to death for intentional homicide in the first instance of the case. later, the hunan high court ruled to revoke the original verdict and sent it back for retrial. during this period, chen xu's family compensated liu bo's family 6.5 million yuan and obtained forgiveness. in january 2024, the zhuzhou intermediate court retrialed chen xu and sentenced him to 15 years in prison for intentional injury.

on april 2, liu bo's daughter, ms. liu, told red star news that although she and her family had signed a letter of understanding, they still could not accept the result of the retrial in which chen xu was re-sentenced and sentenced to 15 years in prison in the absence of any important new evidence.

the original first instance debated whether there was intention to kill someone

the court sentenced him to death for intentional homicide

on september 16, 2019, liu bo, the village chief of huabu village, liting town, liling city and a representative of the 15th national people's congress of liling city, went to the village committee of tangfang village in the neighboring village to participate in the mediation of land exchange between a company under the name of chen xu, the village chief of tangfang village, and another company.

the judgment materials show that during the mediation process, liu bo had a verbal dispute with chen xu's father chen youping, and was persuaded by others to stop. later, chen xu received a call from another participant saying that chen youping "had a fight with someone." chen xu mistakenly believed that liu bo had beaten chen youping, and was angry, so he drove to the tangfang village committee. in front of the xianggan stage of the tangfang village committee, he saw liu bo standing next to a car. in order to teach liu bo a lesson, chen xu accelerated his car towards liu bo, causing the left front of his car to collide with the right rear of the car on the scene, and knocked liu bo to the wall of the xianggan stage nearly 10 meters away from him, and liu bo died on the spot.

the day after the incident, chen xu was criminally detained and prosecuted in june 2020.

the zhuzhou people's procuratorate believes that the defendant chen xu drove his car at an accelerated speed to hit the victim liu bo out of anger in order to teach him a lesson, knocking him to the wall of the xianggan opera stage nearly 10 meters away, causing the victim to die on the spot. chen xu knew that his accelerated car hitting others might result in the death of the victim, but he still did not slow down and allowed this result to happen. this is an act of intentionally and illegally depriving others of their lives. his behavior has violated relevant provisions of the criminal law. the facts of the crime are clear and the evidence is sufficient. he should be held criminally responsible for intentional homicide.

the zhuzhou municipal people's procuratorate also believed that the victim liu bo was killed for no reason because he mediated the dispute between the defendant chen xu and others as the village director together with other village and town leaders, and the victim was not at fault. it is recommended that chen xu be sentenced to death for intentional homicide.

chen xu argued that he did not see liu bo when he drove to the playground, and he hit liu bo out of anger, not to teach him a lesson. he did not intend to kill liu bo, and because of his impatience and carelessness, serious consequences did not constitute intentional homicide. during his interrogation at the public security bureau, the police lured him to confess by threatening his family's personal safety, which led to his psychological breakdown. his confessions in the third and fourth interrogation records of the public security agency were not true.

chen xu's defense lawyer argued that chen xu mistook the accelerator for the brake and should not be convicted of intentional homicide or intentional injury. the defendant's behavior only constituted a traffic accident.

the zhuzhou intermediate people's court (hereinafter referred to as "zhuzhou intermediate court") ruled that the defendant chen xu, because during the land exchange mediation process, mistakenly believed that his father was beaten by others, out of anger, in order to teach others a lesson, he drove his car at an accelerated speed towards the victim liu bo. he subjectively had the intention of allowing others to die, and objectively caused the death of others on the spot. according to the law, he should be convicted of intentional homicide, and cannot be convicted of intentional injury (causing death), let alone a negligent crime in causing a traffic accident.

on july 12, 2021, the zhuzhou intermediate people's court ruled that the defendant chen xu was guilty of intentional homicide and sentenced him to death with deprivation of political rights for life. chen xu was dissatisfied with the verdict and appealed.

the original trial sentenced him to death for intentional homicide

the retrial found that "there was no subjective intention to kill"

changed to intentional injury

on july 4, 2023, the higher people's court of hunan province made criminal ruling no. (2022) xiangxingzhong 264, ruling to revoke the original judgment and send it back to the zhuzhou intermediate people's court for retrial.

ms. liu told red star news that after the case was sent back for retrial, chen xu's family contacted her and her family through an intermediary many times to discuss compensation and forgiveness. afterwards, ms. liu and her family received 6.5 million yuan in compensation and signed a letter of forgiveness.

on october 19, 2023, the zhuzhou intermediate people's court held a public hearing on the case at the liling people's court.

during the retrial of the first instance, the zhuzhou people's procuratorate still believed that the defendant chen xu's criminal facts were clear and the evidence was sufficient, and he should be held criminally responsible for intentional homicide.

chen xu's defense attorney argued that the evidence used by the public prosecution agency to prove that chen xu was suspected of intentional driving to kill someone was mainly chen xu's third and fourth confessions to the public security organs. the two pieces of evidence were obtained by investigators through threatening means. they were neither legal nor true. they should be excluded according to law and could not be used as the basis for the verdict. chen xu had many mitigating circumstances such as surrendering himself, voluntarily compensating, being a first offender and an occasional offender, and should be given a lighter or reduced punishment according to law.

in response to the above defense opinions, the zhuzhou intermediate people's court ruled that chen xu stated in his third confession that he saw liu bo standing on the right side of the white car. this confession was corroborated by the video analysis report, judicial appraisal opinion and other evidence and should be accepted according to law. his argument that he did not see liu bo was inconsistent with the facts. chen xu's guilty confession, combined with the video of the confession, could prove that the public security police did not use illegal forms of evidence collection such as torture and inducement.

the zhuzhou intermediate court ruled that, based on the analysis of the evidence on file, there was no hatred or conflict of interest between chen xu and liu bo, and chen xu had no subjective intention to kill. objectively, the car driven by chen xu first hit the right rear wheel of the car, and then knocked liu bo away, resulting in liu bo's death. based on the existing evidence and chen xu's confession, his behavior should constitute intentional injury. the zhuzhou people's procuratorate's accusation that the defendant chen xu committed intentional homicide cannot be established. after the incident, chen xu's family actively compensated the victim's family for economic losses and obtained the victim's family's forgiveness. according to the law, he can be given a lighter punishment at his discretion.

on january 5, 2024, the zhuzhou intermediate people's court made a judgment that the defendant chen xu was guilty of intentional injury and sentenced him to 15 years' imprisonment; the white car used as the defendant chen xu's criminal tool was confiscated and turned over to the state treasury.

retrial changed the verdict to intentional injury and sentenced to 15 years in prison

"i know that we signed a letter of understanding and he may not be sentenced to death. but the retrial directly changed the sentence from death penalty to 15 years in prison in the absence of any important new evidence. the gap is too big and we cannot accept it." ms. liu told red star news on april 2 that after the case was sentenced, her mother submitted an appeal to the procuratorate, but it was not accepted.