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关于犯罪嫌疑人王春仙等人故意杀人案审查情况及处理意见的请示
市局：
2008年12月1日，市局刑侦总队会同延庆县公安局侦破了犯罪嫌疑人王春仙、王菊仙、白毅勇等人故意杀人案。由于该案疑难复杂，我处领导十分重视，当日即派专人介入审理，并于12月4日将该案上提我处。审查后取得一定进展，具体情况如下：
一、嫌疑人基本情况
犯罪嫌疑人王春仙，绰号：二根，女，1964年出生，河北省人，汉族，高中文化，河北省怀来县北辛堡镇甘字堡村农民，住该村。因涉嫌故意杀人罪，2008年12月2日被我局刑事拘留。
犯罪嫌疑人王菊仙，绰号：仙子，女，1961年出生，河北省人，汉族，初中文化，无业，住北京市延庆县延庆镇。因涉嫌故意杀人罪，2008年12月2日被我局刑事拘留。
犯罪嫌疑人白毅勇，男，1959年出生，北京市人，汉族，初中文化，无业，住北京市延庆县延庆镇。因涉嫌故意杀人罪，2008年12月2日被我局刑事拘留。
二、案件来源及侦破经过
2007年8月29日11时许,延庆县谢金龙报案称：他父亲谢宗海于2007年4月下旬失踪。接报后，延庆县局开展工作。经工作发现，谢宗海的妻子王春仙用自己手机以谢宗海的名义，给谢宗海的朋友发短信，制造谢宗海没有失踪的假相。后又发现王春仙以谢宗海名义给她姐王菊仙汇款30万。为此，12月1日将王春仙、王菊仙及王菊仙的丈夫白毅勇三人传唤，王春仙、王菊仙先后交代了伙同白毅勇在河北省怀来县王春仙家中杀害谢宗海的事实。
三、简要案情
2007年4月30日下午，犯罪嫌疑人王春仙伙同犯罪嫌疑人王菊仙、白毅勇在河北省怀来县北辛堡镇甘字堡村王春仙家中用木棍将谢宗海殴打致死后焚尸。
四、审查情况
据犯罪嫌疑人王春仙、王菊仙交代： 2007年4月底的一天下午，王春仙、王菊仙及谢宗海饭后乘黑出租车从延庆县东江饭店门口前往河北省怀来县甘子堡村王春仙家。到家后谢宗海调戏王菊仙，要和王菊仙发生性关系。因王春仙惧怕谢宗海淫威，也央求她姐应付谢宗海，王菊仙无奈即和谢上床。后因谢宗海酒后没有能力发生性关系，王菊仙就想离去。谢宗海继续纠缠，王菊仙电话让丈夫白毅勇尽快赶来。一个小时后白毅勇赶到，当即与谢宗海发生争吵。王春仙也十分愤怒，与白毅勇分别持木棍对谢宗海殴打。把谢宗海打死后，将谢的尸体拖入家中地窖焚烧。
根据二人交代，勘查现场发现地窖中确有焚烧尸体痕迹，并提取了部分炭化人骨。经走访相关人员证实，案发当日14时，王春仙、王菊仙、谢宗海饭后前往怀来县甘子堡村，之后谢宗海失踪。现白毅勇拒不交代犯罪问题。
五、处理意见
鉴于该案犯罪地在河北省怀来县，我局没有管辖权，我市检察机关明确也不同意在北京进行诉讼。我局刑侦总队与公安部五局四处研究案件指定管辖未果。我处会同刑侦总队、延庆县局于2008年12月18日、27日先后两次前往怀来县局进行案件移交。河北省怀来县公安局以未查清尸源、证据不足为由拒绝接受案件。故提请由法制办协调检察机关批捕后再行移送。
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二〇〇八年十二月二十九日
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英文翻译
Request for Instructions Regarding the Review of the Intentional Homicide Case of Criminal Suspect Wang Chunxian and Others and Handling Opinions
Municipal Bureau:
On December 1, 2008, the criminal investigation team of the municipal bureau together with the Yanqing County Public Security Bureau detected the intentional homicide case of suspects Wang Chunxian, Wang Juxian, Bai Yiyong and others. Due to the difficulty and complexity of the case, the leaders of our office attached great importance to it, and immediately sent special personnel to intervene in the trial on the same day, and brought the case to our office on December 4. Some progress has been made after the review, the details are as follows:
- Basic information of the suspect
Criminal suspect Wang Chunxian, nicknamed: Ergen, female, born in 1964, native of Hebei Province, Han nationality, high school education, farmer in Ganzibao Village, Beixinbao Town, Huailai County, Hebei Province, where she lives. On December 2, 2008, he was criminally detained by our bureau on suspicion of intentional homicide.
Criminal suspect Wang Juxian, nicknamed: Fairy, female, born in 1961, native of Hebei Province, Han nationality, junior high school education, unemployed, living in Yanqing Town, Yanqing County, Beijing. On December 2, 2008, he was criminally detained by our bureau on suspicion of intentional homicide.
The criminal suspect Bai Yiyong, male, born in 1959, is a native of Beijing, Han nationality, with a junior high school education, unemployed, and lives in Yanqing Town, Yanqing County, Beijing. On December 2, 2008, he was criminally detained by our bureau on suspicion of intentional homicide.
- The source of the case and the process of detection
At about 11 o’clock on August 29, 2007, Xie Jinlong from Yanqing County reported that his father Xie Zonghai disappeared in late April 2007. After receiving the report, the Yanqing County Bureau started work. It was found through work that Xie Zonghai’s wife, Wang Chunxian, used her mobile phone to send text messages to Xie Zonghai’s friends in Xie Zonghai’s name, making it appear that Xie Zonghai hadn’t disappeared. Later, it was discovered that Wang Chunxian had remitted 300,000 yuan to her sister Wang Juxian in the name of Xie Zonghai. For this reason, Wang Chunxian, Wang Juxian and Wang Juxian’s husband Bai Yiyong were summoned on December 1. Wang Chunxian and Wang Juxian successively confessed the fact that they collaborated with Bai Yiyong to kill Xie Zonghai at Wang Chunxian’s home in Huailai County, Hebei Province. - Brief case
On the afternoon of April 30, 2007, criminal suspect Wang Chunxian, together with criminal suspects Wang Juxian and Bai Yiyong, beat Xie Zonghai to death with wooden sticks at Wang Chunxian’s home in Ganzibao Village, Beixinbao Town, Huailai County, Hebei Province, and then burned his body. - Review
According to criminal suspects Wang Chunxian and Wang Juxian, one afternoon at the end of April 2007, Wang Chunxian, Wang Juxian and Xie Zonghai took a black taxi from the gate of Dongjiang Hotel in Yanqing County to Wang Chunxian’s home in Ganzibao Village, Huailai County, Hebei Province after dinner. After arriving home, Xie Zonghai molested Wang Juxian and wanted to have sex with Wang Juxian. Because Wang Chunxian was afraid of Xie Zonghai’s power and begged her sister to deal with Xie Zonghai, Wang Juxian had no choice but to sleep with Xie Zonghai. Later, because Xie Zonghai was incapable of having sex after drinking, Wang Juxian wanted to leave. Xie Zonghai continued to pester, and Wang Juxian called her husband Bai Yiyong to come as soon as possible. An hour later, Bai Yiyong arrived and immediately quarreled with Xie Zonghai. Wang Chunxian was also very angry, and he and Bai Yiyong beat Xie Zonghai with wooden sticks. After beating Xie Zonghai to death, they dragged Xie’s body into the cellar of their home and burned it.
According to the confession of the two, the investigation site found that there were indeed traces of burning corpses in the cellar, and some charred human bones were extracted. Interviews with relevant personnel confirmed that at 14:00 on the day of the incident, Wang Chunxian, Wang Juxian, and Xie Zonghai went to Ganzibao Village, Huailai County after dinner, and Xie Zonghai disappeared afterwards. Now Bai Yiyong refuses to explain the crime.
- Handling opinions
Given that the case was committed in Huailai County, Hebei Province, our bureau has no jurisdiction, and the city’s procuratorate clearly does not agree to proceed with the lawsuit in Beijing. The Criminal Investigation Corps of our Bureau and the Fourth Bureau of the Fifth Bureau of the Ministry of Public Security have failed to designate jurisdiction over the case. Our office, together with the Criminal Investigation Corps and the Yanqing County Bureau, went to the Huailai County Bureau twice on December 18 and 27, 2008, to transfer the case. The Public Security Bureau of Huailai County, Hebei Province refused to accept the case on the grounds that the source of the corpse had not been identified and the evidence was insufficient. Therefore, it was requested that the Legislative Affairs Office coordinate with the procuratorate to approve the arrest before transferring him.
No properly, please instructions.
December 29, 2008