Analysis Of Evidence On Zhang Mou's Murder Case

This article conducts a comprehensive discussion on Zhang's intentional murder case through case analysis.The victim in this case,Wang,was poisoned by "drug rat strong".The suspect Zhang confessed to the facts of the crime.in his confession.However,the investigators did not collect evidence in time,which caused a series of questions about the authenticity of the evidence.In addition,there are some doubts about the relevance and legality of some of the evidence,so the procuratorate made a decision not to prosecute.This case caused considerable controversy in the local area,and internal opinions of the public and prosecutors differed.First of all,in terms of physical evidence,the investigating agency di d not collect physical evidence as soon as the case occurred,which caused the source of physical evidence to be full of uncertainty and greatly affected the originality of physical evidence.Many of the physical evidence obtained during the search of the suspect's home,the suspected "drug strong" packaging paper obtained from the garbage dump near the suspect's home,and the poisonous fruit skin extracted from the sewage pond,etc.,all came from the case.Fifteen days after it was issued,its authenticity was greatly reduced.Among them,the suspicion of poisonous peel is the biggest.The physical evidence was extracted from the sinkhole at the door of the victim's house,but it was impossible to determine whether it was abandoned by the victim,nor could it be ruled out by other villagers crossing the road.It was not even certain that it had been carried before being thrown into the sinkhole.The component of "rat poison" is that the peel is non-toxic,but the water in the sewage pond is toxic and may be poisoned after soaking.Therefore,the evidence has significant doubts on its relevance and authenticity.In addition,the prosecutor did not see the legal source of the peel,and the investigators could not give the reason for the extraction of the peel and the clue source.There is a possibility of fabricating evidence,so there are certain flaws in the legitimacy.The same legal flaws also appeared in the identification report.Investigators did not find "rat poison" when they took the deceased's blood for the first time at the scene of the crime,but found "drat poison" in the re-examination seven days later,and the investigators could not explain the specific reasons.There are doubts about the identity of the two samples.When it is difficult for the investigating authority to provide a valid certificate,the appraisal is also suspected of fraud,and there are major flaws in authenticity and legality.Secondly,in terms of verbal evidence,due to the concealment of drug-related cases,in the absence of direct witnesses,the witness testimony in this case mostly focused on the villagers 'daily impressions of the suspects and victims,showing a weak correlation..Among them,Xie Mou's testimony is the key evidence of the source of the suspect's poison in this cas'e.There are many points that cannot be verified with the suspect's confession.Therefore,it is impossible to determine whether Xie Mou is the Xie from the suspect population who bought the rat poison.Certainly,the source of the poison of the suspect could not be determined directly.Although many villagers have provided testimony,there are various degrees of doubt about the relevance and authenticity.Although the suspect Zhang Mou in this case confessed to the criminal facts,due to the lack of other evidence,plus many flaws and doubts in the evidence,the procuratorate believed that the facts were not clear and the evidence was insufficient to determine the intention of the suspect Zhang Mou.Murder,decided not to prosecute in doubt.The author uses the theory of evidence science in the research method to analyze the important evidence of the case from two aspects:evidence related to the suspect's poisoning behavior and evidence related to the death of the victim.In the second part of the analysis on whether the suspect can be determined to have committed intentional homicide by poisoning,the author mainly investigates from the actor's motivation,purchase behavior and poisoning behavior,that is,from the actor's subjective and objective level,Based on the existing evidence,based on the analysis of theory,to determine whether it constitutes a crime.In the third part of the evidence analysis of the death of the victim,the author starts with the autopsy report and the peel in the sewage tank to discuss the cause of Wang's death.Finally,in the comprehensive analysis,the effective information of the currently analyzed evidence is integrated into a conclusion,and the causal relationship between the behavior of the suspect and the death of the victim is discussed.This paper summarizes the issues that need to be paid attention to in judicial practice and theoretical research by analyzing the evidence of Zhang's intentional murder case:1.Analysis methods for the legality,relevance,and authenticity of physical evidence and verbal evidence.2.An analysis method for cross-contrast and comprehensive judgment on multiple evidences.