Contents
关于犯罪嫌疑人白毅勇等人故意杀人案审查情况
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。2009年3月11日，经北京市人民检察院第一分院批准，以涉嫌故意杀人罪对白毅勇、王春仙、王菊仙执行逮捕。在处领导的精确指挥下，项目组利用逮捕的有利时机，固定王春仙、王菊仙的口供。并灵活运用讯问策略，对坚决不供认罪行的白毅勇政策攻心。经过艰苦努力，在法律政策的感召下，迫使白毅勇彻底交代了杀人并焚尸灭迹的犯罪事实。案件取得突破性进展。具体情况如下：
一、嫌疑人基本情况
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。经北京市人民检察院第一分院批准，2009年3月11日被逮捕。
犯罪嫌疑人王春仙（王菊仙之妹），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。经北京市人民检察院第一分院批准，2009年3月11日被逮捕。
犯罪嫌疑人王菊仙（白毅勇之妻），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。经北京市人民检察院第一分院批准，2009年3月11日被逮捕。
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、白毅勇先后交代了在河北省怀来县王春仙家中杀害谢宗海并焚尸灭迹的犯罪事实。
三、简要案情
2007年4月30日下午，犯罪嫌疑人白毅勇在河北省怀来县北辛堡镇甘字堡村王春仙家，发现谢宗海（王春仙之夫）与王菊仙发生两性关系。白毅勇持木棍将谢宗海殴打致死。后白毅勇、王春仙、王菊仙将谢宗海拖入家中地窖内焚尸。
四、审查情况
据犯罪嫌疑人白毅勇、王春仙、王菊仙交代：2007年4月底的一天中午，白毅勇、王菊仙家领了新分楼房钥匙后，请王春仙及朋友郭元启、丁秀立等人在延庆县东江饭店聚餐。席间谢宗海到来喝酒。就餐后，王春仙打电话叫来李安民开黑出租车准备送谢宗海、王春仙、王菊仙回家。谢宗海提出前往河北省怀来县甘子堡村王春仙家玩。到甘字堡村王春仙家后，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。王菊仙无奈即与谢发生性关系，恰被赶到现场的白毅勇发现。在愤怒之下，白毅勇持木棍击打谢宗海头部。将谢打死后，白毅勇、王春仙、王菊仙三人将谢宗海的尸体拖入家中地窖，用柴火、柴油焚烧。后白毅勇分别伙同王春仙、王菊仙又前往甘字堡村多次烧尸。又过几日，白毅勇伙同王菊仙又去甘字堡清理现场。将尸骨装在麻袋及编织袋中，将麻袋内尸骨抛于村南官厅水库中，将编织袋内尸骨抛于村北路边果园内。后王春仙、王菊仙二人又去甘字堡清理现场，并将剩余碎小尸骨装在编织袋中，掩埋于村北路边沙坑内。
五、证据情况
1、经走访郭元启、丁秀立、赵庆来等相关人员证实：2007年4月底一天中午，白毅勇、王菊仙、王春仙家新房下来在延庆东江饭店请几个朋友吃饭。中途谢宗海也从一楼上来喝酒。后王菊仙、王春仙、谢宗海乘黑出租车离开饭店，以后谢宗海失踪。
2、证人李安民证实：2007年4月底的一天下午2点钟，当时正在延庆县医院门口趴活。接到谢老海媳妇的电话让去东江饭店接人。到东江后，谢老海和他媳妇还有一个女的上了车，开车准备往胜利街村委会谢的住处。不知谁说去甘字堡，就直接往甘字堡去了。到村口结了80元，就回延庆了。
3、调取白毅勇家领取楼房钥匙并签字记录，显示为2007年4月30日。
4、调取2007年4月30日天气气象记录，证实该日下午15时至21时怀来县下小雨。
5、经走访甘字堡村王春仙家东院街坊刘宗顺证实：2007年上半年天暖时，先后两次看见王春仙和她姐夫来到甘字堡王春仙家，并与王的姐夫打招呼。
6、证人谢金龙证实：2007年4月底一天，在格兰山水小区物业领钥匙时看见谢宗海。第二天他与谢宗海失去联系。曾多次通过王春仙打听谢宗海的消息，王春仙不是说晚上回家早上刚走，就是说和别的女人走了，以此推脱。2007年8月29日，谢金龙报案。
7、2007年9月1日延庆刑警对王春仙询问。王春仙讲，谢宗海经常外出，最后见到谢是2007年8月20日左右。后她与谢宗海失去联系。
8、证人时文营、鲁志文证实：自2007年4、5月份以后，就没再见过谢宗海，电话关机。也曾通过王春仙打听谢宗海的消息，王春仙称谢宗海到外边玩去了。2007年9月10日上午，时文营、鲁志文分别收到以谢宗海名义发的短信，意思是不要找我，到时自然回去，照顾好你小嫂子。经技侦部门侦查，此短信（号码13264404559）是从王春仙手机发出的。
9、证人宗振芳证实：2008年10月，白毅勇准备出资88万元购买格兰山水小区9号楼42号铺面房，已经交5000元定金。经讯问白毅勇、王春仙交代：购买此房两家各出资44万准备开小卖部。
10、在王春仙指认下，刑侦部门在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。
现白毅勇、王春仙、王菊仙三人口供在作案动机、目的及时间、地点、手段、情节等方面基本一致，并均对杀人、焚尸、抛尸现场进行了指认。且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。经走访大量相关人员证实，谢宗海自2007年4月至今失踪。
六、存在问题
鉴于该案在地窖内所提取的部分炭化人骨，经公安部鉴定已不具备DNA比对条件，无法确认尸源，故存在诉讼风险。
为确保案件诉讼工作顺利开展，我处于2009年3月间，组织村民对抛尸骨的果园、官厅水库等地进行了查找和打捞工作。后于5月间，请巡特警总队打捞队人员开展打捞工作，均未果。
2009年7月21日
相关图书
本文链接
相关链接
英文翻译
Review of the Intentional Homicide Case of Criminal Suspect Bai Yiyong and Others
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. On March 11, 2009, with the approval of the First Branch of the Beijing Municipal People’s Procuratorate, Bai Yiyong, Wang Chunxian, and Wang Juxian were arrested on suspicion of intentional homicide. Under the precise command of the leaders of the department, the project team took advantage of the favorable opportunity of arrest to fix the confessions of Wang Chunxian and Wang Juxian. And flexibly use the interrogation strategy to attack Bai Yiyong who firmly refuses to admit to the crime. After hard work and under the influence of legal policies, Bai Yiyong was forced to fully confess the criminal facts of murder and burning his body. A breakthrough has been made in the case. Details are as follows:
- Basic information of the suspect
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. Approved by the First Branch of the Beijing Municipal People’s Procuratorate, he was arrested on March 11, 2009.
Criminal suspect Wang Chunxian (sister of Wang Juxian), 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. Approved by the First Branch of the Beijing Municipal People’s Procuratorate, he was arrested on March 11, 2009.
Criminal suspect Wang Juxian (wife of Bai Yiyong), 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. Approved by the First Branch of the Beijing Municipal People’s Procuratorate, he was arrested on March 11, 2009.
- 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, Wang Juxian, and Bai Yiyong successively confessed the criminal facts of killing Xie Zonghai at Wang Chunxian’s home in Huailai County, Hebei Province, and burning his body to destroy his traces. - Brief case
On the afternoon of April 30, 2007, the criminal suspect Bai Yiyong found Xie Zonghai (Wang Chunxian’s husband) having sexual relations with Wang Juxian at the home of Wang Chunxian, Ganzibao Village, Beixinbao Town, Huailai County, Hebei Province. Bai Yiyong beat Xie Zonghai to death with a wooden stick. Later, Bai Yiyong, Wang Chunxian, and Wang Juxian dragged Xie Zonghai into the cellar of his home and cremated his body. - Review
According to criminal suspects Bai Yiyong, Wang Chunxian, and Wang Juxian’s confession: One day at noon at the end of April 2007, after Bai Yiyong and Wang Juxian received the keys to the new building, they invited Wang Chunxian, friends Guo Yuanqi, Ding Xiuli and others to have dinner at the Dongjiang Hotel in Yanqing County. During the banquet, Xie Zonghai came to drink. After the meal, Wang Chunxian called Li Anmin to drive a black taxi to take Xie Zonghai, Wang Chunxian, and Wang Juxian home. Xie Zonghai proposed to visit Wang Chunxian’s house in Ganzibao Village, Huailai County, Hebei Province. After arriving at Wang Chunxian’s house in Ganzibao Village, Xie Zonghai molested Wang Juxian and wanted to have sex with him. Because Wang Chunxian was afraid of Xie Zonghai’s power, he also begged her sister to deal with Xie Zonghai. Wang Juxian had no choice but to have sex with Xie, only to be discovered by Bai Yiyong who rushed to the scene. In anger, Bai Yiyong hit Xie Zonghai on the head with a wooden stick. After beating Xie to death, Bai Yiyong, Wang Chunxian, and Wang Juxian dragged Xie Zonghai’s body into the cellar of his home and burned it with firewood and diesel. Later, Bai Yiyong and Wang Chunxian and Wang Juxian respectively went to Ganzibao Village to burn the corpses many times. A few days later, Bai Yiyong and Wang Juxian went to Ganzibao to clean up the scene. Put the bones in sacks and woven bags, throw the bones in the sacks in the Guanting Reservoir in the south of the village, and throw the bones in the woven bags in the orchard on the roadside in the north of the village. Later, Wang Chunxian and Wang Juxian went to Ganzibao to clean up the scene, packed the remaining broken bones in woven bags, and buried them in the sandpit by the roadside in the north of the village.
V. Evidence
- Interviews with Guo Yuanqi, Ding Xiuli, Zhao Qinglai and other relevant personnel confirmed that at noon one day at the end of April 2007, Bai Yiyong, Wang Juxian, and Wang Chunxian came down from their new homes to invite some friends to dinner at the Dongjiang Hotel in Yanqing. On the way, Xie Zonghai also came up from the first floor to drink. Later, Wang Juxian, Wang Chunxian, and Xie Zonghai left the hotel in a black taxi, and Xie Zonghai disappeared afterwards.
- Witness Li Anmin confirmed that at the end of April 2007, at 2 o’clock in the afternoon, he was lying down in front of the Yanqing County Hospital. Received a call from Xie Laohai’s wife and told her to pick her up at the Dongjiang Hotel. After arriving in Dongjiang, Xie Laohai, his wife and another woman got into the car and drove to Xie’s residence at the Shengli Street Village Committee. I don’t know who said to go to Ganzibao, so I went directly to Ganzibao. At the entrance of the village, I paid 80 yuan and went back to Yanqing.
- Call Bai Yiyong’s house to collect the building key and sign the record, which shows April 30, 2007.
- Retrieving the weather and meteorological records on April 30, 2007, it was confirmed that there was light rain in Huailai County from 15:00 pm to 21:00 pm on that day.
- Liu Zongshun, who visited the east courtyard neighbor of Wang Chunxian’s house in Ganzibao Village, confirmed that in the first half of 2007, when the weather was warm, he saw Wang Chunxian and her brother-in-law coming to Wang Chunxian’s house in Ganzibao twice, and greeted Wang’s brother-in-law.
- Witness Xie Jinlong testified: One day at the end of April 2007, he saw Xie Zonghai when he was picking up the keys at the property in Lanshanshui Community. He lost contact with Xie Zonghai the next day. He had inquired about Xie Zonghai through Wang Chunxian many times. Wang Chunxian either said that he had just left in the morning when he came home at night, or that he had left with other women, and used this as an excuse. On August 29, 2007, Xie Jinlong reported the case.
- On September 1, 2007, Yanqing criminal police questioned Wang Chunxian. Wang Chunxian said that Xie Zonghai often went out, and the last time he saw Xie was around August 20, 2007. Later she lost contact with Xie Zonghai.
- Witnesses Shi Wenying and Lu Zhiwen confirmed: Since April and May 2007, they have not seen Xie Zonghai again, and the phone was turned off. He also inquired about Xie Zonghai’s news through Wang Chunxian. Wang Chunxian said that Xie Zonghai had gone out to play. On the morning of September 10, 2007, Shi Wenying and Lu Zhiwen respectively received text messages in the name of Xie Zonghai, meaning not to look for me, but to go back naturally and take care of your sister-in-law. According to the investigation by the technical investigation department, this text message (number 13264404559) was sent from Wang Chunxian’s mobile phone.
- Witness Zong Zhenfang confirmed that: In October 2008, Bai Yiyong planned to invest 880,000 yuan to purchase the paved room at No. 42, Building 9, Grand Shanshui Community, and had already paid a deposit of 5,000 yuan. After interrogation, Bai Yiyong and Wang Chunxian confessed: The two buyers of this house each invested 440,000 yuan to open a small shop.
- Under the identification of Wang Chunxian, the criminal investigation department found traces of burning corpses in the cellar at the scene, and extracted some carbonized human bones.
The confessions of Bai Yiyong, Wang Chunxian, and Wang Juxian are basically the same in terms of motive, purpose, time, place, means, and plot of the crime, and they all identified the scene of the murder, burning, and dumping of the corpse. And the investigation site found that there were indeed traces of burning corpses in the cellar, and some carbonized human bones were extracted. Interviews with a large number of relevant personnel confirmed that Xie Zonghai has been missing since April 2007.
Six, there are problems
In view of the fact that some of the carbonized human bones extracted in the cellar in this case are no longer qualified for DNA comparison after identification by the Ministry of Public Security, and the source of the corpse cannot be confirmed, so there is a risk of litigation.
In order to ensure the smooth progress of the case litigation, in March 2009, I organized villagers to search and salvage the orchard where the bones were thrown, Guanting Reservoir and other places. Later in May, personnel from the Salvage Team of the Patrol Special Police Corps were invited to carry out salvage work, but all failed.
July 21, 2009