Crime and Punishment - Surrender at the end of 14 years on the run

Author | Criminal Center, Attorney Gan Dingzhong

(Part 1) Crime and Punishment - Surrender at the end of 14 years on the run

One night in April 2008, a homicide case occurred in a rented house on a certain street in Longhua, Shenzhen. The victim, Li Moumou, met Shi, a "prostitute" woman, and the two parties negotiated terms with Shi. When the two were about to have sex, Li Moumou found that someone had broken into the house and stolen his wallet. Li Moumou immediately stopped him, and the two parties quarreled.

Shi took the opportunity to escape, and Li Moumou went out of the house to chase the thief. During the pursuit, Zeng Moumou, the thief's accomplice, was stabbed in the abdomen with a knife, and died in the hospital after the rescue failed.

When I first saw this indictment, I was deeply angry. Zeng Moumou and his accomplices (all of whom have been sentenced) actually invited the king into the urn by means of seduction, and then stole other people's property in the name of sex trafficking. The parties often dare not call the police because of privacy and illegal sex trafficking (prostitution), which makes the theft successful.

This method is despicable and despicable, and it is outrageous. At that time, I thought that such a case should really be sentenced severely. First, the means of committing the crime are evil and hateful, immoral and immoral, which is really shameful; second, the result of the crime led to the death of the victim Li Moumou, and a good life was buried in the hands of the wicked; third, the behavior of Zeng Moumou's accomplice was discovered by Li Moumou, and he not only did not stop, but also committed murder.

Such despicable and cruel illegal and criminal acts should be severely punished.

Such a despicable and shameful client, I really want the court to sentence him severely. I haven't done legal aid cases for many years, and I didn't expect to take on such an infuriating role. But as a legal aid duty, after returning from a business trip, I went to meet him as soon as possible.

In the meeting room of Bao'an Detention Center. After waiting for a while, an unattractive male came. After verifying his identity, it was confirmed that it was him. After explaining the relevant legal aid matters and declaring legal knowledge such as rights and obligations, we began to inquire about the beginning and end of the case. The duty of criminal defense is to defend the guilt and innocence of the parties, and to reduce the defense. Therefore, it is our basic responsibility and obligation to grasp the case and analyze and grasp the factual evidence.

Judging from the meeting, Zeng had confirmed the main facts of the crimes he had committed, except for some ambiguities in some details. It seemed that more than ten years of escape had not only made him deeply feel the majesty of the law, but also the basic human ethics of facing up to his crimes and bearing the legal consequences.

Zeng Moumou surrendered voluntarily.

After hearing of his death on that night in 2008, he left Shenzhen, fearing serious legal repercussions, and took a bus to Wuxi via Huidong. He has since worked anonymously in Wuxi to make a living and lived a life of escape.

When asked why he finally chose to surrender voluntarily, he said that he was always on the run. Before surrendering, he felt that the public security was going to arrest him, so he took the initiative to call the public security number in Wuxi and voluntarily accepted the legal trial.

He said that he did the math. He surrendered now and tried to reform it for more than ten years. He was almost sixty years old and could still spend the rest of his life.

If I had known why today was the beginning. His own one-thought mistake not only ruined the lives of others, but also his own life. It's really sad and hateful. The compassion for the present life made me feel some pity.

You can't come back from the dead.

Only silently mourned for the deceased Li Moumou.

When is the time for revenge?

And the living, even the once despicable and vicious murderers, still hope that they can really put down their butcher knives and become Buddhas on the spot.

Based on the legal role of criminal defense, Zeng Moumou, who has repented and is willing to bear his own legal responsibility, even if he used to be so detestable and shameless, based on his every turn and turn over for more than ten years, and based on the ever-present hammer and reprimand suffered by his soul in the past ten years, should still give him a way to live, whether it is society or human nature.

"The Analects of Confucius" says: "Heaven has the virtue of good life, and the earth has the thickness of things. The" benevolence "and" benevolence and righteousness "that have dominated traditional Chinese culture for thousands of years contain the meaning of love and compassion for human life. This is also a Confucian interpretation of human nature. Perhaps this is a valuable part of Confucianism today.

In "Confessions", Rousseau confessed with a heavy heart that he had passed the blame on to the maid Marion after a theft, causing her misfortune; confessed that he had despicably abandoned his friend Le Maitel who needed him the most at a critical moment; confessed that he had betrayed his Protestant faith and converted to Catholicism in order to get a bite to eat...

It is through the dissection of the "evil" ideology in self-humanity that Rousseau writes about the goodness and beauty in society that future generations see his truth and courage.

The purification of society and the progress of human civilization require the repentance and redemption of more souls. From the confession and atonement of individual crimes, to the correction of social mistakes, to the rectification and self-correction at the national level, this is the spiritual self-salvation from evil to good.

There was the sound of the wind howling outside, and today seemed to be another cooling down after the Spring Festival. Although the sun was still sunny during the day, it dropped to thirteen degrees at night.

The Buddha said: "The present you is made by the past you; the future you is made by the present you". Guru Rinpoche (founder of Tibetan Buddhism) further said, "If you want to know your past life, look at your present situation; if you want to know your future life, look at your present behavior". (***** p. 114)

I hope that Zeng Moumou can correct his past mistakes with his own pain and be willing to bear the attitude to seek peace in the future; I also pray that Li Moumou, who was killed and passed away, will have a safe and auspicious future life.

Crime and Punishment - Surrender at the End of 14 Years on the Run (Part 2)

On February 26, 2023, the author wrote an article "Surrender at the end of 14 years on the run" in the official account "blind spot focus highlight", revealing a homicide case that took place in Longhua, Shenzhen 14 years ago:

One night in April 2008, the victim, Li Moumou, met Shi, a "prostitute" woman, and the two sides negotiated terms to go to Shi's rental house. When the two were about to have sex, Li Moumou found that someone had broken into the house to steal his wallet, Li Moumou immediately stopped it, and the two sides quarreled. Shi took the opportunity to escape, and Li Moumou went out of the house to chase after him. During the pursuit, Zeng Moumou, an accomplice of the burglar, was stabbed in the abdomen with a knife, and died in the hospital after the rescue failed.

I believe that I have a sense of justice since I was a child, and I often can't help but criticize the injustice in the world. Although I am powerless, I have always hated barbarism and ugliness, ferocity and brutality. (This may also be the internal motivation for finally engaging in legal work later). After entering the legal profession, my original intention has not changed. As a judge, I have severely cracked down on criminals who severely endanger social order, such as robbers and murderers, violent perpetrators, arson revenge, those who endanger social order by wanton violence, those who buy and sell drugs, oppress kindness and endanger the lives of ordinary people, and those who abduct and sell women and children.

Later, with the change of identity, he changed from a court judge to a practicing lawyer, and mainly engaged in criminal defense. The change of identity also brought about changes in the way of thinking and the perspective of looking at issues. Moments and public opinion fields have a "butt determinism", which means that "butt" determines position. People's ideas and thinking positions are easily influenced by their position, identity, and role in society.

Sitting on top of the temple, it is easy to be condescending and speak from the perspective of the ruler; while as a grass-roots person, it may be more about considering the lives and living conditions of the common people, as well as the protection and realization of individual rights and interests. Therefore, the phenomenon of "butt determines head" exists objectively in reality, and there is a good market.

However, from the perspective of the development of human history and the theory of biological evolution, disasters and blessings are interdependent: hatred and tolerance, war and peace, attack and protection, suppression and support are mutually exclusive. The theory of "butt determines head" is not valid, or it is biased. It is easy to violate the original law of development of facts, and it does not conform to the logic of social operation that respects facts and respects the law of development of things.

There is a common French saying in the legal profession: "The law must be obeyed, otherwise it is useless," which means that everyone should obey the established law. This is also an essential element of the idea of the rule of law.

But the law also needs to be developed. The law is a specific reflection of the level of political and economic development in the real world, and the traditional concepts of morality and culture. And the law is enforced by people, so there is a combination of law, reason and emotion. The judicial department's handling of cases also requires that it can stand the test of law, society and history.

Therefore, the law is not a mechanical and indifferent tool, but more education and salvation. While punishing evil, it is more for the promotion of good. This good is not only to promote the good of society, but also to inspire the good of evildoers.

In the past, learning legal knowledge was said to be "an expression of the will of the ruling class and a tool for the ruling class to rule." As they engaged in social activities for a long time, had more contact with all social strata, and learned about history and reality, the East and the West, cultural comparisons, rich political systems, economic development and prosperity, and increasingly frequent globalization exchanges, more and more realized that the law should be an important political means to balance and reconcile various social relations, even the main means.

From a criminal law perspective, it is not a single crackdown or repression.

I still remember reading Dostoevsky's novel "Crime and Punishment" decades ago, which depicted Raskolnikov, a poor college student who studied law, but was forced to drop out of school because he couldn't pay the tuition fees. He lived on the money his mother and sister saved from the poor living expenses.

He was depressed and poor in a small room in Petersburg. He often pawned goods in exchange for money to support his daily life. The old lady who ran the pawn shop was stingy and paid very little for the goods pawned by the students. Raskolnikov thought the old lady was guilty of greed and wanted to "do the right thing for heaven", so he killed the old lady, and also killed the old lady's sister who happened to be returning home, and robbed her of jewelry and money.

After the murder, Raskolnikov did not have a smooth life and suffered a lot in his heart. After he met the kind prostitute Sonia, he finally surrendered under the persuasion of the kind girl Sonia. Raskolnikov was sentenced to 8 years of hard labor and exiled to Siberia.

The work not only reminds of the hardships and sufferings of the people at the bottom of the Russian real life, but also reminds a perpetrator of the process of self-redemption in his soul and the courage to face reality in the end.

In the previous article, I quoted the sentence from "The Analects of Confucius", "Heaven has the virtue of good life, and the earth has the thickness of the load". People cannot be resurrected after death. In participating in the defense of this case, the author can only silently mourn the deceased. But for the living, even the alleged offender or murderer, from the meaning of the construction and application of the law, it is by no means to kill someone once, or to expel the perpetrator from the human team forever. The function of the law is more about how to help them reform, put down the butcher's knife, and become a Buddha on the ground.

Returning to the case of Zeng Moumou introduced by the author, Shi, a "prostitution" woman, and her co-conspirators, Xie Moumou and Zeng Moumou, seduced the victim Li Moumou, robbed people of money and harmed people's lives, and their crimes should be severely punished according to law. After the incident, Zeng Moumou was also in a state of panic. On the way to escape, he learned that the knife was fatal and Li Moumou died.

After more than ten years of desperation, he was also tortured by sin and repented of his soul. He hid his name and left his hometown. Finally, he decided to surrender under the condemnation of his conscience and the deterrence of the law.

Therefore, according to the specific circumstances of the case at the time of the incident and the circumstances of the co-criminal's intention to commit a crime, the author put forward a legal opinion for a lighter defense. And according to the wishes of the defendant himself, actively coordinate the families of both parties to reach civil compensation to resolve the grievances between the two parties. The wishes of the parties themselves still hope that they can serve their sentences as soon as possible and return to society to be a new person.

Although this was a legal aid case, the author still applied for many interviews and coordinated civil compensation. I proposed a lighter treatment to the court. But in the end, Zeng was still severely punished by the law. Basically, he had to be reformed and repented in prison for the rest of his life.

The case was heard on April 12, and the court verdict was only received on Thursday, October 12. Although the author hopes that the law can give more warmth to the parties involved, so that the guilty and penitent can return to society as soon as possible, and continue to atone for their sins with their labor and service to the society. At the same time, they can also maintain their own family. But the law must be obeyed, and the court's judgment must be enforced.

Zeng's own home is estimated to be untenable (the "wife" who has not received a marriage license). This is a reality that we legal workers sometimes have to accept when serving the society and serving the parties.

Rest in peace.

May the living move forward bravely.

October 16, 2023 in Shenzhen

Lawyer Profile

Lawyer Gan Dingzhong

Partner of

Director of the Financial Crime Defense Department of Zhiheng Criminal Center

Member of Economic Crime Defense Committee of Guangdong Lawyers Association

Member of the Duty Crime Defense Committee of Shenzhen Lawyers Association

Head of the Legal Advisory Group of Shenzhen Pingxiang Chamber of Commerce

Publications:

**** *** - Chinese Bar Lawyers (published by People's Daily Press)

"Defense Records of Excellent Lawyers in China" (published by Law Publishing House)

"Starting from Fairness" (People's Daily Publishing House)

"Chinese Lawyers Yearbook" (2011)

"China's Contemporary Excellent Lawyers" (Law Press)

Center Profile

Criminal Center

The Criminal Center is one of the professional centers of

. Its main business includes commercial crime defense, criminal litigation, financial crime defense, common crime defense, and criminal-civil intersection. It brings together talents, platforms, and professional advantages. At the same time, it has the advantage of quickly forming cross-business and cross-regional cooperation teams, and can provide comprehensive, timely and accurate legal services to clients.

The Criminal Center is dedicated to professional cultivation, and continues to move forward with the goal of "building an excellent business card for national criminal legal services".

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