Hefei People's Procuratorate of Anhui Province

Indictment

HJGYQS [2018] No. 19

The defendant, Tao Zhenqing, male, was born in Huoqiu County, Anhui Province on * * *, 1973, with ID card number of 3424231973 *******************, Han nationality, illiterate, unemployed, registered permanent residence at * * Group, * * Village, * * Town, Huoqiu County, Anhui Province, and rented * * Room, * * Village, * * Village, Yaohai District, Hefei City. The defendant Tao Zhenqing was detained by Baohe Branch of Hefei Public Security Bureau on August 24, 2017 on suspicion of intentional homicide. On September 6 of the same year, he was approved by the People's Procuratorate of Baohe District of Hefei City and arrested by Baohe Branch of Hefei Public Security Bureau the next day.

The case was investigated and concluded by Baohe Branch of Hefei Public Security Bureau. On November 3, 2017, the defendant Tao Zhenqing was suspected of rape and intentional homicide and was transferred to the People's Procuratorate of Baohe District, Hefei for examination and prosecution, which was transferred to our court for examination and prosecution on November 30 of the same year. After accepting the case, the court informed the defendant of the right to entrust defenders and the close relatives of the victim of the right to entrust agents ad litem according to law, interrogated the defendant according to law, listened to the opinions of the close relatives of the victim, and reviewed all case materials. During the period, it shall be returned to the public security organ for supplementary investigation once.

After legal review, it is found that:

At about 4:30 a.m. on August 21, 2017, the defendant Tao Zhenqing went to the * * self built room * *, * * Group, * * Road, Baohe District, Hefei City to have sexual relations with a woman who had lost her footing (the victim, who died at 47 years old) and was refused by Wu, and they quarreled. After that, Tao Zhenqing took off his clothes, went to bed, rode on the victim, grabbed the victim's neck with both hands, and forced him to commit adultery. After the adultery, Tao Zhenqing had the idea of killing the victim again. First, he used disposable chopsticks to poke the victim's head. After the chopsticks were broken, he used a black ink pen to poke the victim's mouth. Finally, he grabbed the victim's neck with both hands, causing him to suffocate and die on the spot. Tao Zhenqing fled the scene and was arrested by the public security organ on August 24 of the same year.

After identification, the dead Wu Moumou died of mechanical asphyxia due to strangulation of neck and covering mouth and nose.

The evidence for ascertaining the above facts is as follows:

1. Pictures of physical evidence such as black ink pen;

2. Registration form of documentary evidence, process of case arrival, call records, household registration certificate, etc;

3. Testimony of witnesses Wang and Zhu;

4. The confession and defense of the defendant Tao Zhenqing;

5. Forensic autopsy report, forensic DNA identification certificate, etc;

6. On site investigation records, extraction records, identification records and relevant photos;

7. Monitoring video, etc.

The Court believes that the defendant Tao Zhenqing raped the victim by force against the will of women by means of violence, and then intentionally and illegally deprived the victim's life in order to kill him. His behavior has violated the first paragraph of Article 236 and Article 232 of the Criminal Law of the People's Republic of China. The criminal facts are clear, the evidence is reliable and sufficient, and the crime of rape Criminal responsibility shall be investigated for intentional homicide. Tao Zhenqing, who committed several crimes before the judgment was announced, shall be punished for several crimes in accordance with the provisions of Article 69 of the Criminal Law of the People's Republic of China. In accordance with the provisions of Article 172 of the Criminal Procedure Law of the People's Republic of China, if you initiate a public prosecution, please be sentenced according to law.

Sincerely

Hefei Intermediate People's Court of Anhui Province

Inspector Chen Sheng

March 21, 2018