The People's Procuratorate of Suzhou City, Jiangsu Province v. Tang Shaoxiang
(Case of Intentional Homicide and Arson)@#
BASIC FACTS@#
Defendant: Tang Shaoxiang, male, born on September 16th, 1941, of the Han Ethnicity, resident of Menhai City, Jiangsu Province, with an educational background of elementary school, jobless, was arrested on June 3rd, 1996 for intentional homicide and arson.@#
The People's Procuratorate of Suzhou City, Jiangsu Province instituted a public prosecution to the Intermediate People's Court of Suzhou City against Tang Shaoxiang for the crime of intentional homicide and the crime of arson. The Court accepted the case and formed a collegial panel according to law. Upon public hearing, the Court verified that:@#
In the evening of June 2nd, 1996, Tang Shaoxiang asked his wife, Zhang Fengzhen, to accompany him to Shanghai for medical treatment, Zhang refused, and the husband and wife had a fight. Tang bore a grudge and had an evil thought of killing his wife and destroying the house. At about 11:30 pm, While Zhang was asleep, Tang gave about 10 strikes on Zhang's head and face with an iron hammer, Zhang died instantly. Tang then went the bedroom of his son, Tang Qian, and gave several strikes on his head and his left shank with the same iron hammer, Tang Qian also died instantly. Thereafter, Tang got away from the scene after igniting a piece of wood with the gas burner, which caused great economic losses as the fire burned down eight houses and other property owned by seven neighbors nearby, including his own. As appraised by medicolegal expertise, both Zhang Fengzhen and Tang Qian died from serious craniocerebral injury which was caused by repetitive hits on their heads with external blunt objective.@#
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汤少庠故意杀人、放火案@#
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被告人：汤少庠，男，１９４１年９月１６日生，汉族，江苏省海门市人，小学文化，无业，１９９６年６月３日因故意杀人、放火被逮捕。@#
江苏省苏州市人民检察院以被告人汤少庠犯故意杀人罪、放火罪，向苏州市中级人民法院提起公诉。该院受理后，依法组成合议庭，经公开审理查明：@#
１９９６年６月２日晚，被告人汤少庠要其妻张凤珍陪同去上海治病，遭拒绝后，两人发生争吵。汤少庠即怀恨在心并产生杀人毁家之歹念。当晚１１时３０分许，汤少庠趁其妻睡觉之际，手持铁榔头对张凤珍头、面部猛击１０余下，致张凤珍当场死亡。汤少庠又到儿子汤潜卧室，用铁榔头朝其头部、左小腿部猛击数下，致汤潜当场死亡。尔后，汤少庠将木块在自家厨房的煤气灶上点燃后逃离现场，致使邻居及自己家在内的７户人家的８间房屋和其他财产被烧毁，造成重大经济损失。经法医鉴定：被害人张凤珍、汤潜均因头颅遭受外来钝性物体反复打击，引起严重颅脑损伤死亡。@#
上述犯罪事实，被告人汤少庠供认不讳。证人刘某某、江某某证明，６月２日晚所见汤少庠与妻吵架的情况，后又看到被告人家中起火。公安机关的现场勘查、法医鉴定与汤少庠交代杀人、放火的事实相吻合。周某某、刘某某、杨某某、张某某、朱某某、陈某某的证言和苏州市第二制药厂、苏州市公安局消防支队的证明，证实了由于汤少庠放火犯罪行为造成的经济损失情况。本案事实清楚，证据确实充分，足以认定。@#
在法庭辩论中，被告人汤少庠的辩护人称，被告人无前科，认罪态度好，要求从轻处罚。经查，被告人汤少庠实施故意杀人、放火的犯罪情节特别恶劣，后果特别严重，且无法定从轻情节，故辩护人的辩护意见不予采纳。@#
苏州市中级人民法院认为：被告人汤少庠非法剥夺他人生命，杀死二人，情节特别恶劣，后果特别严重，其行为构成《中华人民共和国刑法》第一百三十二条规定的故意杀人罪，应予严厉惩处；汤少庠杀人后，又放火烧毁自家及相邻７户人家的房屋８间，屋内财产全被烧毁，造成重大经济损失，其行为构成刑法第一百零六条第一款规定的放火罪，亦应严惩；汤少庠一人犯数罪，依照刑法第六十四条第一款的规定，应当实行数罪并罚；依照刑法第五十三条第一款的规定，对汤少庠应当剥夺政治权利终身；依照刑法第六十条的规定，供犯罪所用的本人财物，应当予以没收。据此，苏州市中级人民法院判决如下：@#
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