Fudan poisoning case
The Fudan poisoning case was a criminal case in China. Lin Senhao, a graduate student at Shanghai Medical College of Fudan University, was accused of murdering his roommate Huang Yang by poisoning him with N-nitrosodimethylamine. He was tried from 2013 to 2015. Lin was executed on December 11, 2015 after he was convicted and sentenced to death.[1]
This case was debated in Chinese jurisprudential circles and was a popular topic at the time of the trial.
Background
Relationship
Lin Senhao and Huang Yang were both graduate students at the medical school of Fudan University. Lin began living in dormitory room 421 in August 2010. One year later, Huang Yang became Lin's roommate. While living together, Lin became angry with Huang over disagreements and gradually developed a grudge against him.[2]
On March 29, 2013, Lin heard that Huang Yang and his classmates wanted to play April Fools' Day pranks on their fellow students. Lin later stated that he only wanted to make Huang Yang sick through poisoning as a prank.[3]
Motivation and poisoning
The Supreme People's Court confirmed these findings in its review of the trial: Lin and Huang were graduate students of the same university; they lived in the same dormitory room; Lin was angry with Huang because of trifles; Lin decided to use poison to harm his roommate.
On November 27, 2013, in the Shanghai No. 2 Intermediate People's Court, Lin Senhao testified that 8 months earlier on March 31, 2013, he asked his classmate Lü Peng for N-nitrosodimethylamine, explaining he needed it for an experiment. Lü Peng gave Lin the key to the laboratory in which the chemical was stored. Lin then went to the laboratory and took both a bottle containing 75 ml of a reagent, and a syringe containing about 2 ml of N-nitrosodimethylamine.[3]
Prosecutors accused Lin of infusing at least 30 ml of N-nitrosodimethylamine into the dormitory water dispenser, more than 10 times the lethal dose for humans.[4]
The case
Poisoning details
On the afternoon of March 31, Lin borrowed the key from another person and accessed 204 imaging medical laboratory, building 11 of Zhongshan Hospital affiliated to Fudan University. Lin took out the reagent bottle and syringes with the N-nitrosodimethylamine stored after animal experiments in 2011. He put them into a yellow medical waste bag and took it out of the room.
Police investigation and arrest
On April 11, 2013, the cultural security bureau of the municipal public security bureau responded to Huang's sickness. Police immediately organized a task force to conduct an investigation.
About 0:00 on April 12, 2013, after the police determined that Lin was a suspect and summoned him, Lin then confessed that he had put N-nitrosodimethylamine in dorm 421's water dispenser.
On April 12, 2013, Lin was detained by the police. 4 days later, Huang Yang died at 3:23 pm after attempts to revive him failed. After authentication by forensics, it was determined that acute liver necrosis caused by N-nitrosodimethylamine poisoning caused his death from multiple organ failure.
On April 19, 2013, Shanghai police charged the procuratorate with the arrest of a suspect, Lin, of the "4·1" case of Fudan University. On April 25, the Huangpu district procuratorate gave permission to arrest Lin as a suspect in the "4·1".
Prosecution
On October 30, 2013, Shanghai No.2 Intermediate People's Court received the prosecution of the suspect Lin. The prosecution accused Lin of the crime of intentional homicide using poison.[5]
Judicial proceedings
Shanghai No. 2 Intermediate People's Court
At 9:30 AM on November 27, 2013, Shanghai No. 2 Intermediate People's Court held a public hearing of the "Fudan poisoning case". In the hearing, the prosecutor alleged that Lin intentionally murdered Huang. They stated that the means were cruel, and the social harm was heavy. Lin's acts constituted intentional homicide, so prosecutors asked the court for a heavy punishment.
The defendant argued that the motivation of poisoning was just to prank Huang on April Fool's Day and that he had no intent to kill Huang Yang. Defenders had no objection to the indictment, but put forward that Lin had committed indirect intentional homicide, and had confessed guilt, so he should be given a lighter punishment in accordance with the law.
At 6:15 PM on November 27, 2013, the hearing ended. On February 18, 2014, Lin was sentenced to the death penalty for intentional homicide, and denied political rights for life.
Shanghai High People's Court
On February 25, 2014, Lin's lawyer, Tang Zhijian, was formally appointed by Lin to appeal.
On January 8, 2015, Shanghai High People's Court affirmed the original judgment of Lin poisoning case. The second-instance court did not accept the defendant's contention, and said that although Lin confessed the guilt after arrest, his means of killing were cruel and the consequences were serious. The second-instance reaffirmed the death penalty for intentional homicide. According to Criminal Procedure Law, the death penalty sentence was submitted to The Supreme People's Court for approval.[2]
Supreme People's Court
On May 26, 2015, the Supreme People's Court heard Lin's defence contention. The defence claimed that the second-instance court's sentencing was too heavy.[6] The judge of The Supreme People's Court ordered the case be reviewed in accordance with the law.
On December 9, the result of the review was released - the Supreme People's court approved Lin Senhao's death penalty verdict.[7]
Details
Meeting between the Supreme Court Judge and Lin's Father
The chief justice met Lin's father in the courtroom, and the lawyer said: "It's the first."
According to defence lawyer Xie Tonxiang, the chief justice agreed to meet the defendant's father, Lin Zunyao, on July 28 2015. Lin Zunyao and the chief justice discussed the case in the courtroom of the Supreme People's Court. According to Lin Zunyao, this meeting lasted for hours, and the judge and the clerk made a detailed record.
The lawyer, Xie Tongxiang claimed that no precedent allowed the chief justice to meet a defendant's relatives, "This is the first time since The Supreme People's Court has repossessed the right to review the death penalty, the judges of the death penalty have met directly with the relatives in the courtroom."[8]
Death penalty confirmed
On December 10, 2015 Lin Zunyao said he received a notification from the court that the death penalty verdict had been approved.
Lin Zunyao said: "My heart breaks, I can't think now." He was told by the Supreme People's Court that he must go to see his son before December 11.
Xie said that he would submit a written application to help Lin Senhao apply for a pretest, as a final appeal against the verdict.[9]
Public opinions
"This sentence sparked heated debate. Professional and knowledgeable elite students not abiding by the basic line of ethics makes people vigilant. A too utilitarian social environment allows us to ignore the cultivation of the most basic health personality; the indoctrination of animosity makes the restless youth narrow-minded and intolerant. From intimate roommate to poison, it's not just education that needs to rethink."[5]
References
- "百度百科：林森浩".
- "权威发布 - 中华人民共和国最高人民法院". www.court.gov.cn. Retrieved 2017-11-06.
- 孙建. "复旦投毒案终审 三大疑问跌宕起伏引关注-中国农业新闻网". www.farmer.com.cn. Retrieved 2017-11-06.
- 网易. "上海一周：反思"复旦投毒案"中的舆论角色_网易财经". money.163.com. Retrieved 2017-11-06.
- "百度百科：复旦投毒案".
- "最高法复核复旦投毒案被告人死刑判决". news.ifeng.com. Retrieved 2017-11-06.
- ""复旦投毒案"续：最高法已核准林森浩死刑". news.ifeng.com. Retrieved 2017-11-06.
- 于艳彬. "复旦投毒案：最高法死刑复核法官接见凶手父亲_中国新闻_南方网". news.southcn.com. Retrieved 2017-11-06.
- "复旦投毒案嫌犯被核准死刑 律师将向最高检抗诉_新闻_腾讯网". news.qq.com (in Chinese). Retrieved 2017-11-06.
Further reading
- Luo, Chris (17 April 2013). "Roommate held after Shanghai student dies from poisoning". South China Morning Post.
- Zhuang Pinghui (21 April 2013). "Poisoning, death of Fudan student recalls disturbing case of Zhu Ling". South China Morning Post.