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Appellate Case of Illegally Trading in, Transporting Explosives, Robbing, Kidnapping, Smuggling Weapons and Ammunitions, Illegally Trading in and Transporting Firearms and Explosives and Illegally Possessing Firearms and Explosives by Zhang Ziqiang et al (Appellate Case of Illegally Trading in, Transporting Explosives, Robbing, Kidnapping, Smuggling Weapons and Ammunitions, Illegally Trading in and Transporting Firearms and Explosives and Illegally Possessing Firearms and Explosives)
张子强等非法买卖、运输爆炸物、抢劫、绑架、走私武器、弹药、非法买卖、运输枪支、弹药、私藏枪支、弹药上诉案
【法宝引证码】

Appellate Case of Illegally Trading in, Transporting Explosives, Robbing, Kidnapping, Smuggling Weapons and Ammunitions, Illegally Trading in and Transporting Firearms and Explosives and Illegally Possessing Firearms and Explosives by Zhang Ziqiang et al (Appellate Case of Illegally Trading in, Transporting Explosives, Robbing, Kidnapping, Smuggling Weapons and Ammunitions, Illegally Trading in and Transporting Firearms and Explosives and Illegally Possessing Firearms and Explosives)
(Appellate Case of Illegally Trading in, Transporting Explosives, Robbing, Kidnapping, Smuggling Weapons and Ammunitions, Illegally Trading in and Transporting Firearms and Explosives and Illegally Possessing Firearms and Explosives)
张子强等非法买卖、运输爆炸物、抢劫、绑架、走私武器、弹药、非法买卖、运输枪支、弹药、私藏枪支、弹药上诉案

Appellate Case of Illegally Trading in, Transporting Explosives, Robbing, Kidnapping, Smuggling Weapons and Ammunitions, Illegally Trading in and Transporting Firearms and Explosives and Illegally Possessing Firearms and Explosives by Zhang Ziqiang et al

 

张子强等非法买卖、运输爆炸物、抢劫、绑架、走私武器、弹药、非法买卖、运输枪支、弹药、私藏枪支、弹药上诉案

BASIC FACTS 
Appellant (Defendant of the Original Instance): Zhang Ziqiang, male, 43 years old, resident of Yulin City of Guangxi Zhuang Autonomous Region, resides in Hong Kong, Hong Kong ID Card No.: D123744 (7), was arrested on July 22nd, 1998. 上诉人(原审被告人):张子强,男,43岁,广西壮族自治区玉林市人,住香港,香港身份证号码:D123744(7)。1998年7月22日被逮捕。
Appellant (Defendant of the Original Instance): Chen Zhihao, male, 36 years old, resident of Haifeng County, Guangdong Province, resides in Hong Kong, Hong Kong ID Card No.: H 103512 (8), was arrested on July 22nd, 1998. 上诉人(原审被告人):陈智浩,男,36岁,广东省海丰县人,住香港,香港身份证号码:H103512(8)。1998年7月22日被逮捕。
Appellant (Defendant of the Original Instance): Ma Shangzhong, male, 33 years old, resident of Qinhuangdao City of Hebei Province, resides at Laohekou City, Hubei Province. In November 1997, he was sentenced to a fixed-term imprisonment of 11 years for larceny and was deprived of political rights for 3 years, he served the sentence at Pingshi Prison of Guangdong Province and was escorted back to Guangzhou City for standing his trial on June 23rd, 1998. 上诉人(原审被告人):马尚忠,男,33岁,河北省秦皇岛市人,住湖北省老河口市。1997年11月,因盗窃罪被判处有期徒刑11年,剥夺政治权利3年,在广东省坪石监狱服刑。1998年6月23日押回广州市受审。
Appellant (Defendant of the Original Instance): Liang Hui, male, 32 years old, resident of Laohekou City, Hubei Province, resides at Laohekou City, was arrested on July 22nd, 1998. 上诉人(原审被告人):梁辉,男,32岁,湖北省老河口市人,住老河口市。1998年7月22日被逮捕。
Appellant (Defendant of the Original Instance): Qian Hanshou, male, 42 years old, resident of Haifeng County, Guangdong Province, resides in Hong Kong, Hong Kong ID Card No.: D598063 (2), was arrested on July 22nd, 1998. 上诉人(原审被告人):钱汉寿,男,42岁,广东省海丰县人。住香港,香港身份证号码:D598063(2)。1998年7月22日被逮捕。
PROCEDURAL POSTURE 
On October 30th, 1998, the Intermediate People's Court of Guangzhou City, Guangdong Province made the first judgment on the case of illegally trading in and transporting explosives, robbing, kidnapping, smuggling weapons and ammunitions, trading in and transporting firearms and ammunitions, illegally possessing firearms and ammunitions and concealing booties by 36 defendants, namely, Zhang Ziqiang, Chen Zhihao, Ma Shangzhong, Liang Hui, Qian Hanshou, Li Yun, Zhu Yucheng, Cai Zhijie, Yu Hanjun, Liu Dingxun, Huang Huasheng, Ke Xianting, Hu Jishu, Ye Xinyu, Qian Hanye, Luo Zhiping, Gan Yongqiang, Deng Lixian, Zhang Huanqun, Chen Lixin, Huang Yingde, He Zhichang, Huang Wenxiong, Liu Guohua, Yu Chuan, Jiang Rongchang, Zhang Zhifeng, Chen Shuhan, Huang Yi, Han Fa, Jiang Caigu, Luo Yueying, Chen Huiguang, Ye Jilian, Ye Jiyu and Liu Jinrong (the judgments on Li Yun and other 30 defendants, are omitted in this text due to length of the text). In particular, Zhang Ziqiang shall be sentenced to death and deprived of political rights for life for the crime of illegally trading in explosives; be sentenced to life imprisonment, deprived of political rights for life and the properties of 662 million yuan shall be confiscated for the crime of kidnapping; was sentenced to life imprisonment, deprived of political rights for life and the properties of 100,000 yuan shall be confiscated for the crime of smuggling weapons and ammunitions. It was decided that Zhang Ziqiang shall be sentenced to death penalty, deprived of political rights for life and the properties of 662.1 million yuan shall be confiscated. 1998年10月30日,广东省广州市中级人民法院对张子强、陈智浩、马尚忠、梁辉、钱汉寿和李运、朱玉成、蔡智杰、余汉俊、刘鼎勋、黄华生、柯贤庭、胡济舒、叶心瑜、钱汉业、罗志平、甘永强、邓礼显、张焕群、陈立新、黄英德、何志昌、黄文雄、刘国华、余船、江荣长、张志烽、陈树汉、黄毅、韩法、江才古、罗月英、陈辉光、叶继联、叶继钰、刘锦荣等36名被告人非法买卖、运输爆炸物、抢劫、绑架、走私武器、弹药、非法买卖、运输枪支、弹药、私藏枪支、弹药、窝赃一案作出一审判决(本刊限于篇幅,对李运等31名被告人的判决部分予以省略)。其中,对被告人张子强以非法买卖爆炸物罪,判处死刑,剥夺政治权利终身;以绑架罪,判处无期徒刑,剥夺政治权利终身,并处没收财产人民币6.62亿元;以走私武器、弹药罪,判处无期徒刑,剥夺政治权利终身,并处没收财产人民币10万元。决定执行死刑,剥夺政治权利终身,并处没收财产人民币6.621亿元。
Chen Zhihao shall be sentenced to death, deprived of political rights for life and the properties of 540,000 yuan shall be confiscated for the crime of robbery; be sentenced to death with a two-year suspension of execution, deprived of political rights for life and the properties of 100,000 yuan shall be confiscated for the crime of smuggling weapons and ammunitions; be sentenced to life imprisonment, deprived of political rights for life and the properties of 295 million yuan shall be confiscated for the crime of kidnapping; be sentenced to a fixed-term imprisonment of 8 years for the crime of illegally transporting explosives; be sentenced to a fixed-term imprisonment of 6 years for the crime of illegally trading in firearms and ammunitions; and be sentenced to a fixed-term imprisonment of 2 years for the crime of illegally possessing ammunitions. It was decided that Chen Zhihao shall be sentenced to death, deprived of political rights for life and the properties of 295.64 million yuan shall be confiscated. 对被告人陈智浩以抢劫罪,判处死刑,剥夺政治权利终身,并处没收财产人民币54万元;以走私武器、弹药罪,判处死刑,缓期二年执行,剥夺政治权利终身,并处没收财产10万元;以绑架罪,判处无期徒刑,剥夺政治权利终身,并处没收财产人民币2.95亿元;以非法运输爆炸物罪,判处有期徒刑八年;以非法买卖枪支、弹药罪,判处有期徒刑六年;以私藏弹药罪,判处有期徒刑二年。决定执行死刑,剥夺政治权利终身,并处没收财产人民币2.9564亿元。
Ma Shangzhong shall be sentenced to death, deprived of political rights for life and the properties of 100,000 yuan shall be confiscated for the crime of robbery; be sentenced to a fixed-term imprisonment of 15 years, deprived of political rights for 5 years and the properties of 50,000 yuan shall be confiscated for the crime of smuggling weapons and ammunitions; be sentenced to a fixed-term imprisonment of 12 years and deprived of political rights for 4 years for the crime of illegally trading in firearms and ammunitions; the remaining term of the sentencing made in the original judgment for the crime of larceny was 9 years, 5 months and 5 days and that he shall be deprived of political rights for 3 years. It was decided that Ma Shangzhong shall be sentenced to death, deprived of political rights for life and the properties of 150,000 yuan shall be confiscated. 对被告人马尚忠以抢劫罪,判处死刑,剥夺政治权利终身,并处没收财产人民币10万元;以走私武器、弹药罪,判处有期徒刑十五年,剥夺政治权利五年,并处没收财产人民币5万元;以非法买卖枪支、弹药罪,判处有期徒刑十二年,剥夺政治权利四年;原判盗窃罪余刑九年五个月零五日,剥夺政治权利三年。决定执行死刑,剥夺政治权利终身,并处没收财产人民币15万元。
Liang Hui shall be sentenced to death, deprived of political rights for life and the properties of 100,000 yuan shall be confiscated for the crime of robbery; be sentenced to a fixed-term imprisonment of 13 years, deprived of political rights for 4 years and the properties of 3.6 million yuan shall be confiscated for the crime of kidnapping; be sentenced to a fixed-term imprisonment of 12 years, deprived of political rights for 4 years and the properties of 50,000 yuan shall be confiscated for the crime of smuggling weapons and ammunitions. It was decided that Liang Hui shall be sentenced to death, deprived of political rights for life and the properties of 3.75 million yuan shall be confiscated. 对被告人梁辉以抢劫罪,判处死列,剥夺政治权利终身,并处没收财产人民币10万元;以绑架罪,判处有期徒刑十三年,剥夺政治权利四年,并处没收财产人民币360万元;以走私武器、弹药罪,判处有期徒刑十二年,剥夺政治权利四年,并处没收财产人民币5万元。决定执行死刑,剥夺政治权利终身,并处没收财产人民币375万元。
Qian Hanshou shall be sentenced to death and deprived of political rights for life for the crime of illegally trading in explosives. 对被告人钱汉寿以非法买卖爆炸物罪,判处死刑,剥夺政治权利终身。
BASIC FACTS 
After the first judgment was announced, Zhang Ziqiang, Chen Zhihao, Ma Shangzhong, Liang Hui and Qian Hanshou were dissatisfied and appealed. 第一审宣判后,被告人张子强、陈智浩、马尚忠、梁辉、钱汉寿不服,提出上诉。
The appellant Zhang Ziqiang and his defender argued that: the place where the criminal acts of this case were committed was Hong Kong, the objects of the infringement were the personal rights and property rights of Hong Kong citizens, therefore, this case shall be ruled over by the court of Hong Kong, the court of first instance was wrong to exercise jurisdiction over the case; Zhang Ziqiang only contacted Qian Hanshou for the purpose of purchasing explosives, thus shall not be responsible for the whole case; the sentencing of the original judgment on the crime of illegally trading in explosives was heavier; the original judgment lacked evidence to determine the crime of kidnapping, thus we apply for collecting the statements of the victims, confessions of the persons involved in the same case and the relevant physical evidences in the second instance; the act of smuggling weapons and ammunitions was only a preparatory act for the crime of kidnapping and shall not be convicted separately; Zhang Ziqiang rendered meritorious services as he informed the authorities of many criminal clues, such as illegally or stealthily crossing the border, robbing gold companies and trafficking drugs, etc, thus shall be given a lighter punishment. 上诉人张子强及其辩护人称:本案犯罪行为实施地在香港,侵犯的客体是香港居民的人身权和财产权,应由香港法院管辖,一审法院管辖不当;张子强购买爆炸物只与钱汉寿联系,不应对全案负责;原判非法买卖爆炸物罪的量刑偏重;原判认定的绑架罪证据不足,申请二审调取被害人陈述、同案人供词及有关物证;走私武器弹药行为只是绑架罪的预备行为,不应单独定罪;张子强检举了他人偷越边境、抢劫香港金行、贩毒等多宗犯罪线索,具有立功表现,应当从轻处罚。
Chen Zhihao and his defender argued that: the original judgment was wrong to determine that Chen Zhihao was the murderer who caused Li Chenxi's death in the case of robbery, and the sentence was heavier; as he confessed his crime and turned in the other persons involved in the case before the public security organ knew the relevant situation on the fact that he participated in the second robbery committed in Hong Kong, which shall be determined as that Chen Zhihao surrendered himself and had rendered major meritorious services, thus Chen Zhihao shall be given a lighter punishment. 上诉人陈智浩及其辩护人称:原判认定陈智浩是抢劫案中致李晨曦死亡的凶手有误,量刑偏重;在公安机关尚未掌握其在香港二次抢劫事实的情况下首先交待,并供出同案人,应当认定为自首和重大立功,要求从轻处罚。
Ma Shangzhong and his defender argued that: Ma Shangzhong did not seal the lips and eyes of the defendant with gum paper used for sealing boxes in the case of robbing Li Chenxi, he did not cause the victim's death on purpose; he was not principal in both the two robbery cases he participated in, thus pleaded with the court of the second instance to give a lighter punishment. 上诉人马尚忠及其辩护人称:马尚忠在抢劫李晨曦案中没有用封箱胶纸封被告人口、眼,不是故意致被害人死亡;在所参与的两次抢劫中均不是主犯,要求二审从轻处罚。
Liang Hui and his defender argued that: the original judgment lacked factual basis to determine that Liang Hui intimidated, assaulted and choked the victim in the case of robbing Li Chenxi and lacked direct evidences to determine that the victim's death was caused by him; Liang Hui was an accessory of the case, who confessed his crime and reported the criminal facts of the persons involved in the same case after he was arrested, which shall be determined as that he surrendered himself and had rendered meritorious services, thus pleaded with the court of the second instance to give a lighter punishment. 上诉人梁辉及其辩护人称:原判认定梁辉在抢劫李晨曦案中恐吓、殴打被害人,并卡被害人脖子不符合事实,认定被害人死亡无直接证据;梁辉在该案中是从犯,被抓后坦白交代并供出同案人犯罪事实,应属自首和立功,被抓好坦白交代并供出同案犯罪事实,应属自首和立功,要求二审从轻处罚。
Qian Hanshou and his defender argued that: Qian did not contribute any money or participate in the illegal trading of explosives, he was only instigated by other people to transport explosives. The circumstance of his crime is lighter, and he was an accessory of the case; moreover, he confessed his crime and reported many criminal facts of the persons involved in the same case after he was arrested, which shall be determined as that he had rendered meritorious services; the sentencing on him in the original judgment was heavier, thus pleaded with the court of the second instance to give a lighter punishment. 上诉人钱汉寿及其辩护人称:钱汉寿未出资,没有非法买卖爆炸物,只是受他人指使运输了爆炸物,情节较轻,是运输爆炸物罪的从犯;被抓后能坦白认罪,并揭发了同案人的多宗犯罪事实,应认定为立功;原判量刑过重,要求二审从轻处罚。
Upon trial, the Higher People's Court verified that: 广东省高级人民政府经审查查明:
In October 1997, Zhang Ziqiang suggested purchasing explosives in front of Qian Hanshou, asked Liu Dingxin to contact Qian Hanshou to determine the specific issues, and paid HKD 150,000 yuan for purchasing explosives to Qian Hanshou through Liu Dingxun. In November 1997, Qian Hanshou returned to his ancestral home, Shanwei City of Guangdong Province, purchased 818.483 kg of explosives, 2,000 blasting caps, 750 meters of blasting fuse, packed them in 40 bubble boxes and disguised them as seafood. And, on January 7th, 1998, he instigated other people to ship them to Hong Kong and handed them over to Liu Dingxun. In the next morning, Zhang Ziqiang and Liu Dingxun, by collaborating with other people, carried the explosives into No.95, Dawo Village of Liushuixiang. At noon, they transferred them to No.94, Macaolong Village. On January 17th, this batch of explosives was hunt down and seized. 1997年10月间,上诉人张子强向上诉人钱汉寿提出购买炸药,并指派刘鼎勋与钱汉寿联系具体事宜,还通过刘鼎勋向钱汉寿先后支付了购买炸药款港币15万元。同年11月,钱汉寿回原籍广东省汕尾市非法购买炸药818.483公斤、雷管2000支、导火索750米,分装在40个泡沫箱内伪装成海鲜,并于1998年1月7日指使他人运到香港交给刘鼎勋。次日晨,张子强、刘鼎勋伙同他人一起将爆炸物搬运进流水响大窝村95号。中午,又转移至马草垄村94号。同月17日,该批爆炸物被查获。
From the end of 1994 to the beginning of 1995, Chen Zhihao, together with Ye Jihuan, joined in the conspiracy of Cai Zhijie and other persons who intended to rob Li Chenxi, manager of Shenzhen Office of Tianjin Materials Trading Center, to get the delivery order of the batch of steel in Shenzhen in order to deliver the steel. At about 10:00 pm of January 14th, 1995, Ma Shangzhong, together with Liang Hui and Huang Yi, being instigated by Ye Jihuan, drove a jeep and came to Shenzhen to meet Chen Zhihao, they robbed Li Chenxi near Shenzhen Southern International Hotel and took him to Guangzhou. On the way to Guangzhou, Huang Yi drove the car, while Chen Zhihao, Ma Shangzhong and Liang Hui intimidated and assaulted the victim. Liang Hui choked the victim and locked his arms at the back with handcuffs, Ma Shangzhong sealed his lips and eyes with the gum paper used for sealing boxes, then Ma Shangzhong and Liang Hui covered the victim's head with cotton comforter and cloths. After the victim died, they searched his body and got the key to his office. Ma Shangzhong, Liang Hui and Huang Yi then drove to the suburb to throw the body and destroy the evidence, while Chen Zhihao handed the key to Yu Hanjun and other people. On 16th January, with the delivery order stolen from the victim's office, Cai Zhijie and other people took delivery of and disposed 277.39 tons of Panyuan Steel (with a value of 721,214 yuan), the diameter of which was 8mm. 1994年底至1995年初,上诉人陈智浩找到叶继欢,共同参与蔡智杰等人的密谋,准备劫持天津市物资综合贸易中心驻深圳办事处经理李晨曦,以取得其在深圳的一批钢材提贷后单后提取钢材。1995年1月14日晚10时许,上诉人马尚忠、梁辉和黄毅受叶继欢指使,驾驶一辆吉普车到深圳与陈智浩会合,在深圳市南方国际大酒店附近将李晨曦劫持往广州。途中,黄毅开车,陈智浩、马尚忠、梁辉恐吓、殴打被害人。梁辉卡被害人脖子并用手铐反铐其双手,马尚忠则用封箱胶纸封住被害人口、眼,后马、梁又用棉被、衣物捂住被害人头部,致其死亡后,搜去其携带的办公室钥匙。马尚忠、梁辉、黄毅开车到城郊抛尸灭迹,陈智浩则将钥匙交给余汉俊等人。同月16日,蔡智杰等人用从被害人办公室搜得的提货单提走直径8毫米的盘元钢277.39吨(价值人民币721214元),予以销赃。
At the beginning of 1991, at Guangzhou and Shenzhen, Chen Zhihao, Ma Shangzhong, Zhu Yucheng, Li Yun, Huang Huasheng, Ye Jihuan and Lin Tie conspired to rob the gold companies of Hong Kong. Ma Shangzhong and Chen Lixin purchased 2 AK47 automatic rifles, 2 pistols of 1954 model and 3 hand grenades at Pingyuan Street of Yanshan County, Yunnan Province. Chen Zhihao purchased 350 bullets at Hengyang City, Hunan Province, 3 hand grenades and some pistol accessories. In June 1991, as arranged by Chen Zhihao, Ma Shangzhong, Zhu Yucheng, Ye Jihuan and Lin Tie carried the 2 AK47 automatic rifles, 6 pistols, 3 hand grenades, 350 bullets and pistol accessories and stealthily entered Hong Kong from Shenzhen to meet Chen Zhihao, Li Yun and Huang Huasheng who arrived at Hong Kong in advance. In the afternoon of June 9th, Chen Zhihao, Ma Shangzhong and other five persons carried such tools for criminal purpose as guns, masks, screwdrivers, cloth bags and gloves, drove the light truck they robbed from the victim Yu to Wuhua Street of Hong Kong. Ye Jihuan and Ma Shangzhong guarded in the street with guns, while the others rushed into such five jewelry and gold companies as Chou Sangsang, Chou Tai Fook and Topsun respectively and robbed a batch of gold wares (the value of which reached HKD 5,739,892) by way of threatening with guns, etc. When Hong Kong police surrounded and tried to catch them, Ye Jihuan and Ma Shangzhong fired to cover the others and the seven drove and got away from the site together. On the way, they robbed the victim Zeng's car and drove the car to escape. After the crime was committed, Ye Jihuan disposed the stolen gold wares, and Chen Zhihao obtained the illicit money of HKD 420,000 and Ma Shangzhong obtained the illicit money of 100,000 yuan. 1991年初,上诉人陈智浩、马尚忠和朱玉成、李运、黄华生、叶继欢、林铁先生在广州、深圳等地密谋到香港抢劫金行。马尚忠、陈立新到云南省砚山县平远街购得AK47自动步枪和五四式手枪各2支、手榴弹3枚。陈智浩则到湖南省衡阳市购得子弹350发、手榴弹3枚及部分手枪配件。同年6月,陈智浩安排马尚忠、朱玉成和叶继欢、林铁携带AK47自动步枪2支、手枪6支、手榴弹3枚、子弹350发及手枪配件从深圳偷渡到香港,与先期抵港的陈智浩、李运、黄华生会合。同月9日下午,陈智浩、马尚忠等7人持枪和携带面具、螺丝刀、布袋、手套等作案工具,驾驶抢劫被害人余某的轻型货车前往香港物华街,叶继欢、马尚忠持枪在街上把守接应,其他人分别冲入“周生生”、“周大福”、“东盛”等5间珠宝金行,采用持枪威胁等方法,抢得金器一批(共价值港币5739892元)。在香港警察围捕时,叶继欢、马尚忠开枪掩护,7人共同乘车逃离现场。途中,又另劫被害人曾某的汽车换车继续逃跑。作案后,经叶继欢销赃,陈智浩分得赃款港币42万元,马尚忠分得赃款人民币10万元。
At the beginning of 1992, firstly at Guangzhou, then at Shenzhen, Chen Zhihao, Zhu Yucheng, Li Yun, Ye Jihuan, Lin Tie and other people conspired to go to Hong Kong to rob again. In the afternoon of March 10th, 1992, after robbing the victim Chen's taxi and the victim Zhong's light truck at Hong Kong, Zhu Yucheng drove the car and the others carried such tools for criminal purpose as guns, silk stockings, screwdrivers, cloth bags and gloves to Taipo Avenue of Hong Kong. Then Ye Jihuan guarded in the street with gun, Zhu Yucheng waited in the car and the others rushed into two jewelry and gold companies, namely Chou Sangsang and TSL, respectively and robbed a batch of gold wares (the value of which reached HKD 1,682,138) by way of threatening with guns, etc. When Hong Kong police surrounded and tried to catch them, they drove and got away from the site together. After the crime was committed, Ye Jihuan disposed the stolen gold wares, and Chen Zhihao obtained the illicit money of HKD 120,000. 1992年初,上诉人陈智浩与朱玉成、李运、叶继欢、林铁等人先后在广州深圳等地密谋再次到香港抢劫。同年3月10日下午,陈智浩等人在香港分别抢得被害人陈某某的出租车、钟某某的轻型货车后,朱玉成驾车,其他人携带枪支、丝袜、螺丝刀、布袋、手套等作案工具到香港大埔道,叶继欢持枪在街上把守,朱玉成在车上等候接应,其他人冲入“周生生”、“谢瑞麟”两间珠宝金行,采用持枪威胁等方法,抢得金器一批,价值港币1682138元。在香港警察围捕时,共同乘车逃离现场。作案后,经叶继欢销赃,陈智浩分得赃款港币12万元。
From the end of 1995 to the beginning of 1996, at such places as Shenzhen City Hotel and Rixin Hotel, Chen Zhihao, Ke Xianting, Zhu Yucheng, Li Yun, Ye Jihuan, Guo Zhihua, et al, conspired to kidnap and blackmail Hong Kong resident Li on many occasions. And they asked Liang Hui, Luo Zhiping and Zhang Huanqun to commit the crime with them. Zhang Ziqiang contributed 1.4 million yuan for purchasing such tools for criminal purpose as firearms, ammunitions and vehicles and for leasing the house used for detaining hostage. Chen Zhihao and Zhu Yucheng were to purchase vehicles, fake license plates and interphones, and Zhu Yucheng was to rent a farm house for detaining hostage; while Ke Xianting was to watch Li. To realize their criminal purpose, Ye Jihuan purchased 2 AK47 automatic guns, one mini submachine gun, 5 pistols, 9 packages of explosives (which weighted 1.887kg) and a batch of bullets. With the arrangement and cooperation of Zhang Ziqiang and Chen Zhihao, Ye Jihuan and Liang Hui stealthily carried these firearms and ammunitions into Hong Kong on May 5th, 1996. At about 6:00 pm of May 23rd, Zhang Ziqiang got to know the whereabouts of Li after answering a call from Ke Xianting, went to a place near No.80 Deep Water Bay Road of Hong Kong with Chen Zhihao and some other persons by carrying such tools for criminal purpose as firearms and hammers, and kidnapped Li and his chauffeur Lin. Zhang Ziqiang and Chen Zhihao released the victims after they collected the ransom of HKD 1.038 billion from Li family. Zhang Ziqiang obtained the illicit money of HKD 0.362 billion, while Chen Zhihao obtained HKD 0.295 billion. 1995年底至1996年初,上诉人张子强、陈智浩和柯贤庭、朱玉成、李运、叶继欢、郭志华等人先后在深圳名都酒店、日新宾馆等地,多次密谋绑架勒索香港人李某某,为此又纠合上诉人梁辉和罗志平、张焕群等3人共同作案。张子强出资港币140万元用于购买枪支弹药、车辆等作案工具及租赁关押人质的房屋;陈智浩、朱玉成负责购买车辆、假车牌及对讲机,朱玉成还负责租下关押人质的一农场房屋;柯贤庭负责观察李某某的行踪。叶继欢为此从内地购得AK47自动枪二支、微型冲锋枪1支、手枪5枪、炸药9包(重1.887公斤)及子弹一批,在张子强、陈智浩等人的安排和接应下,于1996年5月12日与上诉人梁辉等人将上述枪支弹药偷运到香港。5月23日下午6时许,张子强接到柯贤庭的电话后得知李某某的行踪,即与陈智浩等人携带枪支、铁锤等作案工具,在香港深水湾道80号附近绑架了被害人李某某及其司机林某某。张子强、陈智浩到李家收取勒索的赎金港币10.38亿元后,释放被害人。张子强分得赃款港币3.62亿元,陈智浩分得赃款港币2.95亿元。
At the beginning of 1997, Zhang Ziqiang conspired to kidnap Hong Kong resident Guo and instigated Zhang Zhifeng to watch Guo. Zhang Zhifeng then told the kidnapping conspiracy to Hu Jishu and Chen Shuhan. Then, at such places as Guangzhou Shengli Guesthouse, Dongguan Overseas Chinese Hotel and Fountain Hotel of Guangdong Bank Building of Shenzhen, Zhang Ziqiang and the above-mentioned persons of the same case conspired and divided the work. During that period, Zhang Ziqiang contributed more than HKD 2 million and Hu Jishu contributed more than HKD 200,000 for making preparations for the exercise of the crime, moreover, Hu Jishu asked Gan Yongqiang and Deng Lixian to participate in the kidnapping crime. At about 6:00 pm of September 29th, Zhang Ziqiang got to know the whereabouts of Guo after answering a call from Zhang Zhifeng, went to a place under the highway bridge of the Beach Road of Hong Kong, and kidnapped Guo to No.200 of Ma'angang, Hong Kong. Zhang Ziqiang released the victim after collecting the ransom of HKD 0.6 billion from Guo family. After the crime was committed, Zhang Ziqiang obtained the illicit money of HKD 0.3 billion. 1997年初,上诉人张子强图谋绑架香港人郭某某,指使张志烽观察郭的行踪。张志烽又将绑架图谋转告胡济舒、陈树汉等人。此后,张子强与上述同案人先后在广州市胜利宾馆、东莞市华侨酒店、深圳市广东银行大厦的喷泉酒楼等地密谋并作具体分工。期间,张子强、胡济舒分别出资港币200余万元,20万元为实施犯罪作准备,胡济舒还纠合甘永强、邓礼显等人参与绑架。同时9月29日下午6时许,张子强接张志烽电话后得知郭某某的行踪,即与甘永强、邓礼显等人在香港海滩道公路桥底附近,将郭某某绑架至香港马鞍岗200号。张子强向郭家收取了勒索的赎金港币6亿元后,释放被害人。作案后,张子强分得赃款港币3亿元。
From May to August 1995, Chen Zhihao hided a batch of illegally obtained explosives at the house rent by Luo Yueying in Shenzhen. Then, Chen Zhihao instigated Han Fa, Chen Huiguang and Luo Yueying to hand them over to other people for twice, who carried them into Hong Kong. After receiving the explosives, Chen Zhihao hided them at Bofulin Mountain of Hong Kong. After the case was solved, 25.4kg of explosives hided at Bofulin was captured. 1995年5至8月间,上诉人陈智浩将非法取得的爆炸物一批藏匿在罗月英在深圳的租屋内。后陈智浩指使韩法、陈辉光、罗月英将爆炸物分两次交他人运至香港。陈智浩收到这些爆炸物后,藏匿于香港薄扶林山上。破案后,在薄扶林缴获其藏匿的炸药25.4公斤。
In 1995, Chen Zhihao put 13 pistol bullets, 4 shotgun bullets and 10 detonators, etc, into a tea caddy and hided it at Luo Yueying's house, namely, Room A2, Hepingge, Yijing Garden, Shenzhen, all the above-mentioned articles were hunted down and seized later. 1995年,上诉人陈智浩将手枪子弹13发、猎枪子弹4发、雷管10支等物装入一茶叶罐内,藏匿在罗月英在深圳怡景花园荷萍阁A2房内,后被查获。
At the beginning of 1997, Chen Zhihao instigated Han Fa to purchase 1 pistol of 1954 Model and 16 bullets at Shenzhen, Han Fa handed them over to Chen Huiguang to hide. During August and September 1997, Chen Zhihao instigated Luo Zhiping to purchase one Leimingdeng shotgun and 26 shotgun bullets, Luo Zhiping carried them to Shenzhen and handed them over to Luo Yueying to hide. Later, Chen Zhihao instigated Chen Huiguang to take them away and hide them at Chen Huiguang's place. After the case was solved, the above-mentioned gun and ammunitions were hunted down and seized. 1997年初,上诉人陈智浩指使韩法在深圳购得五四式手枪1支、子弹16发,韩将该枪、弹交陈辉光藏匿。同年8至9月间,陈智浩又指使罗志平购得雷鸣登猎枪1支及猎枪子弹26发,罗志平将该枪、弹带到深圳交罗月英藏匿。后陈智浩指使陈辉光从罗月英处取走猎枪及子弹藏匿于陈辉光住处。破案后,上述枪支弹药被查获。
The Higher People's Court of Guangdong Province held that: 广东省高级人民法院认为:
Some crimes accused of in this case were exercised in Hong Kong, but the organization, planning and other preparatory work of these crimes were conducted in the inland; the firearms, explosives and major tools used for the exercise of these crime were illegally purchased in the inland and smuggled into Hong Kong, in accordance with the provision of Article 24 of the Criminal Procedural Law of the People's Republic of China, the court of the inland shall have jurisdiction over this case. 本案指控的犯罪,有些犯罪行为虽然是在香港实施,但是组织、策划等实施犯罪的准备工作,均发生在内地;实施犯罪所使用的枪支、爆炸物及主要的作案工具均是从内地非法购买后走私运到香港,依照《中华人民共和国刑事诉讼法》第二十四条的规定,内地法院对本案依法享有管辖权。
Zhang Ziqiang contributed funds for purchasing explosives from Qian Hanshou, asked Liu Dingxun to be responsible for the liaison work, and unloaded and transferred the purchased explosives by collaborating with other people, all these circumstances may be proved by such evidences as the confessions made by Zhang Ziqiang, Qian Hanshou and Liu Dingxun, et al, and the captured explosives and tools for criminal purpose. Zhang Ziqiang and Qian Hanshou's act of illegally trading in explosives by violating the relevant laws and regulations of the state on the administration of explosives endangered public safety, violated the provision of Paragraph 1 of Article 125
中小学减的负已经加到家长身上了
of the Criminal Law of the People's Republic of China and constituted the crime of illegally trading in explosives, and the quantity of the illegally traded explosives was huge, the circumstance was serious. Zhang Ziqiang was the owner of the illegally traded explosives and the person who planned and commanded the criminal act, while Qian Hanshou participated in the conspiracy and was responsible for the purchase and transportation of the explosives, both the two were principal criminals as they played principal role in their joint commission of crime, thus shall be punished for all the crimes organized, commanded or participated in by them. The sentencing made in the original judgment was adequate. Zhang Ziqiang and his defender lacked basis to claim that Zhang Ziqiang shall not be responsible for the whole case. Qian Hanshou and his defender's claims that Qian Hanshou contributed no fund, that he did not illegally trade in explosives, that he was only the accessory of the crime of transporting explosives and that his circumstance was relatively light did not conform to the facts.
 上诉人张子强出资向上诉人钱汉寿购买爆炸物,指使刘鼎勋负责联络,还伙同他人装卸和转移购买的爆炸物。这些情节有张子强、钱汉寿、刘鼎勋等人的供述和缴获的爆炸物、犯罪工具等证据证实。张子强、钱汉寿违反国家有关爆炸物管理的法律、法规,非法买卖爆炸物的行为,危害公共安全,已触犯《中华人民共和国刑法》第一百二十五条第一款的规定,构成非法买卖爆炸物罪,且非法买卖爆炸物数量巨大,情节严重。张子强是非法购买爆炸物的货主和策划、指挥者,钱汉寿参与密谋并负责购买、运输、,二人在共同犯罪中起主要作用,均是主犯,应当按照其所组织、指挥或参与的全部犯罪处罚。原判量刑适当。张子强及其辩护人认为张不应对全案负责,没有依据。钱汉寿及其辩护人认为钱汉寿未出资,没有非法买卖爆炸物,只是运输爆炸物罪的从犯,且情节较轻,与事实不符。
In the case of robbing Li Chenxi, Chen Zhihao committed the crime by force with the criminals of the same case and bore direct responsibility for Li Chenxi's death; in the two cases of robbing Hong Kong gold companies, he not only planned, commanded, but directly enforced the robbery. Ma Shangzhong, in the case of robbing Li Chenxi, sealed Li Chenxi's lips and eyes by force, thus was one of the murderers who directly caused Li Chenxi's death; in the case of robbing the gold companies of Wuhua Street of Hong Kong, he threatened people with gun and resisted arrest by shooting. Liang Hui, in the case of robbing Li Chenxi, exercised such violent means as intimidating, assaulting and choking, thus was one of the murderers who directly caused Li Chenxi's death. These circumstances may be proved by the confessions made by the criminals themselves and many persons of the same case. Chen Zhihao, Ma Shangzhong and Liang Hui's acts of robbing other people's properties with weapons, force and coercive measures for the purpose of illegal possession violated the provision of Paragraph 2 of Article 150 of the Criminal Law promulgated in 1997, constituted the crime of robbery, the amount involved in their robbery was huge, and the circumstance was serious. In the joint commission of crime, Chen Zhihao, Ma Shangzhong and Liang Hui played major role, were principal criminals, thus shall be punished for all the crimes organized, commanded or participated in by them. The sentencing made in the original judgment was adequate. Chen Zhihao and his defender's claim that the original judgment was wrong to determine that Chen Zhihao was one of the murderers who caused Li Chenxi's death in the case of robbery and the sentencing was heavier and their defending ground or defending opinion that Chen Zhihao's act of confessing his crime before the public security organ found out the fact that he robbed in Hong Kong for the second time and reporting the persons of the same case shall be deemed as an act of surrendering himself and an act of rendering meritorious service, thus shall be given lighter punishment shall not be adopted; the defending grounds or defending opinions of Ma Shangzhong, Liang Hui and their defenders of denying to be the principal criminals of the case of robbery shall not be adopted either. 上诉人陈智浩在抢劫李晨曦案中,纠合同案人使用暴力手段作案,对李的死亡负有直接责任;在两次抢劫香港金行中,不仅策划、指挥,还直接实施抢劫。上诉人马尚忠在抢劫李晨曦案中,采取暴力手段封李的口、眼,是致李死亡的直接凶手之一;在抢劫香港物华街金案中,持枪威胁并开枪拒捕。上诉人梁辉在抢劫李晨曦案中,对李实施恐吓、殴打、卡颈等暴力手段,是致李死亡的直接凶手之一。这些情节均有本人和多名同案人的供述为证。陈智浩、马尚忠、梁辉以非法占有为目的,持械使用暴力及胁迫手段劫取他人财物,其行为触犯1979年刑法开弓没有回头箭一百五十条第二款的规定,构成抢劫罪,抢劫数额巨大,情节严重。在共同犯罪中,陈智浩、马尚忠、梁辉起主要作用,是主犯,应当按照其所组织、指挥或参与的全部犯罪处罚。原判量刑适当。陈智浩及其辩护人关于原判认定陈智浩是抢劫案中致李晨曦死亡的凶手有误,量刑偏重;在公安机关尚未掌握其在香港二次抢劫事实的情况下首先交待,并供出同案人,应当认定为自首和重大立功,要求从轻处罚的辩解理由和辩护意见;马尚忠、梁辉及其辩护人上诉否认是抢劫案中的主犯,要求从轻处罚的辩解理由和辩护意见,均不予采纳。
Zhang Ziqiang, Chen Zhihao and Liang Hui's act of kidnapping other people for the purpose of blackmailing properties violated the provision of Paragraph 3 of Article 2 of the Decision adopted by the Standing Committee of the National People's Congress on September 4th, 1991 and constituted the crime of kidnapping, the amount involved was particularly huge and the circumstance was serious. Zhang Ziqiang initiated the criminal intent in both the two kidnappings, contributed funds for purchasing tools for criminal purpose and obtained huge amount of ransom money. All these circumstances may be sufficiently proved by such evidences as the confessions made by Zhang Ziqiang himself and the persons of the same case, the places where the conspiracy were formed, kidnapping spots, tools for criminal purpose and the drawing bills and authorization letters produced by the victims. Zhang Ziqiang and Chen Zhihao were principal criminals as they played the role of organizing and commanding in their joint commission of the crime of kidnapping, thus shall be punished for all the crimes organized and commanded by them; while Liang Hui was an accessory and shall be given lighter punishment or his punishment shall be mitigated. The sentencing made in the original judgment was adequate. Zhang Ziqiang and his defender's appealing ground that they believed that the original judgment lacked evidence to determine the crime of kidnapping thus petitioned for collecting new evidences shall not be tenable. 上诉人张子强、陈智浩、梁辉以勒索财物为目的,绑架他人,其行为均已触犯1991年9月4日全国人大常委会通过的决定第二条第三款的规定,构成绑架罪,且勒索金额特别巨大,情节严重。张子强在两次绑架犯罪中均提起犯意,并出资购买作案工具,且分占巨额赎金。这些情节有本人和同案人的供述及指认密谋地点、绑架现场、作案工具、被害人开出的提款汇票及授权书等证据证实,足资认定。张子强、陈智浩在实施绑架的共同犯罪中起组织、指挥作用,是主犯,应当按照其所组织、指挥的全部犯罪处罚;梁辉是从犯,依法应从轻或减轻处罚。原判量刑适当。张子强及其辩护人上诉认为认定绑架罪的证据不足,申请调取新的证据,理由不能成立。
Zhang Ziqiang, Chen Zhihao, Ma Shangzhong and Liang Hui's acts of violating the customs rules and regulation, evading customs supervision and control and smuggling guns and ammunitions out of the territory violated the provision of Article 1 of the Supplementary Provisions of the Standing Committee of the National People's Congress on Punishing the Crime of Smuggling and constituted the crime of smuggling weapons and ammunitions, the circumstances were particularly serious. In the joint commission of crime, Zhang Ziqiang and Chen Zhihao were principal criminals as they played the role of organizing and commanding, thus shall be punished for all the crimes organized and commanded by them; Ma Shangzhong and Liang Hui were accessories and shall be given lighter punishment or their punishment shall be mitigated. The sentencing made in the original judgment was adequate. Zhang Ziqiang and his defender's appealing ground that the crime of smuggling weapons and ammunitions shall be absorbed into the crime of kidnapping and shall not be convicted separately as they smuggled weapons and ammunitions for the purpose of exercising the crime of kidnapping shall not be tenable. 上诉人张子强、陈智浩、马尚忠、梁辉违反海关法规,逃避海关监管,携带枪支、弹药偷运出境,其行为触犯全国人大常委会《关于惩治走私罪的补充规定》第一条的规定,构成走私武器、弹药罪,情节特别严重。在共同犯罪中,张子强、陈智浩起组织、指挥作用,是主犯,应当按照其所组织、指挥的全部犯罪处罚;马尚忠、梁辉是从犯,依法应从轻或减轻处罚。原判量刑适当。张子强及其辩护人上诉认为走私武器、弹药是为了实施绑架犯罪,应当被绑架罪吸收,不能独立定罪的理由,不能成立。
Chen Zhihao's act of collaborating with other people and illegally transporting explosives violated the relevant laws and regulations of the state on the administration of explosives, endangered public safety and violated the provision of Article 112 不接我们电话 也不给拒接原因of the Criminal Law promulgated in 1979, his act constituted the crime of illegally transporting explosives and the circumstance was serious. In the joint commission of crime, Chen Zhihao was a principal criminal as he played the role of organizing and commanding, thus shall be punished for all the crimes organized and commanded by him. 上诉人陈智浩伙同他人违反国家爆炸物管理的有关法律、法规,非法运输爆炸物,危害公共安全,其行为触犯1979年刑法一百一十二条的规定,构成非法运输爆炸物罪,情节严重。在共同犯罪中,陈智浩起组织、指挥作用,是主犯,应当按照其组织、指挥的全部犯罪处罚。
Chen Zhihao and Ma Shangzhong's acts of illegally trading in firearms and ammunitions by collaborating with other people violated the provision of Article 112 of the Criminal Law promulgated in 1979 and constituted the crime of illegally purchasing firearms and ammunitions. In the joint commission of crime, Chen Zhihao and Ma Shangzhong were principal criminals and shall be punished for all the crimes commanded and participated in by them. 上诉人陈智浩、马尚忠与他人非法买卖枪支、弹药的行为,已经触犯1979年刑法一百一十二条的规定,构成非法买卖枪支、弹药罪。在共同犯罪中,陈智浩、马尚忠是主犯,应当按照其所指挥、参与的全部犯罪处罚。
Zhang Ziqiang committed several crimes by himself, so did Chen Zhihao, Ma Shangzhong and Liang Hui, they shall be subject to the joinder of punishments for plural crimes in accordance with the provision of Article 69 of the Criminal Law. 上诉人张子强、陈智浩、马尚忠、梁辉均一人犯数罪,依照刑法六十九条的规定,应当数罪并罚。
As for the fact that Zhang Ziqiang's defender held that Zhang Ziqiang rendered meritorious service as he reported other people's criminal clues during the second instance, thus shall be given a lighter punishment, the criminal investigation bureau of the public security department of Guangdong Province confirmed that none of the impeaches made by Zhang Ziqiang may be investigated and verified, and therefore Zhang Ziqiang did not render any meritorious service. 张子强的辩护人认为张子强在二审期间检举他人的犯罪线索,有立功表现,应当从轻处罚一事,广东省公安厅刑侦局证实,张子强的检举均无法查证,不构成立功。
JUDGMENT 
In conclusion, in the first instance, the facts were clearly verified, the evidences were sure and sufficient, the conviction was accurate and the sentencing on Zhang Ziqiang, Chen Zhihao, Ma Shangzhong, Liang Hui and Qian Hanshou was adequate. The appealing grounds of the five and the defending grounds of their defenders shall not be tenable and shall be rejected. Therefore, in accordance with the provision of Item (1) of Article 189 of the Criminal Procedural Law of the People's Republic of China, the Higher People's Court of Guangdong Province adjudicated on December 4th, 1998 that: 综上所述,一审判决认定事实清楚,证据确实、充分,定罪准确,对上诉人张子强、陈智浩、马尚忠、梁辉、钱汉寿的量刑适当。该五人的上诉理由及其辩护人的辩护理由不能成立,应予驳回。据此,广东省高级人民法院依照《中华人民共和国刑事诉讼法》第一百八十九条第(一)项的规定,于1998年12月4日判决:
The sentencing made in the first instance on Zhang Ziqiang, Chen Zhihao, Ma Shangzhong, Liang Hui and Qian Hanshou shall be sustained. 维持一审对上诉人张子强、陈智浩、马尚忠、梁辉、钱汉寿的判决。
In accordance with the provisions of the Notice of the Supreme People's Court on Authorizing the Higher People's Courts to Approve Some Death Penalty Cases, in the final judgment, the Higher People's Court of Guangdong Province approved the penal sentence of sentencing Zhang Ziqiang, Chen Zhihao, Ma Shangzhong, Liang Hui and Qian Hanshou to death penalty and depriving their political rights for life.

 依照《最高人民法院关于授权高级人民法院核准部分死刑案件的通知》的规定,广东省高级人民法院在终审判决中同时核准了判处上诉人张子强、陈智浩、马尚忠、梁辉、钱汉寿死刑,剥夺政治权利终身的刑事判决。
 

     
     
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