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Prosecutor : City Procuratorate will be : B (the victims husband, a U.S. citizen), the civilian part of the prosecution : S (father of the victim,Chinese nationality) W (victims mother,Chinese nationality) case (1) B of China in 1994, has served as English teachers in several units.December 19, 2001 with the case of victims of marriage.B 20 to April 6, 2003, at a house in Beijing, he, and the victims of it,B. neck was holding a knife stabbed the victim, causing the victim carotid artery rupture He died of acute hemorrhagic shock.B surrendered after committing the crime initiative.(2) B, was detained on suspicion of premeditated murder, by reason of suspected poisoning him with the Z-room staff supervision.at 4 pm on May 13, 2003, when Z asleep, holding his right eye plastic signature T Department officer,Z Ministry of optic neuropathy caused by the right eye, the right eye wall fracture, identified as serious injuries.After two tests, the B suffering from schizophrenia.Court of First Instance judgment B to 15 years in prison, in addition deported.Incidental civil defendants accused B & S compensation incidental plaintiffs in the civil procedures,W economic losses of 334,500 yuan.S, W part of a civil judgment against the first-instance court, appeal to the Beijing Higher People's Court.B compensation demands 1433913.46 yuan in economic losses, including the death of 312,756 yuan compensation.funeral expenses 14,174 yuan, 61,002 yuan was dependent living.Funeral expenses for relatives of victims of transportation matters, accommodation, the injured or the costs 11,000 yuan.counsel fees 10,000 yuan, the Beijing transportation fees, accommodation 21978.86 yuan.second forensic psychiatric costs 30,000 yuan and 156,378 yuan moral damages for pain and suffering.Education and support to victims of the appellant 816624.6 yuan; Victims body storage;Victims of gold rings, platinum and diamond jewelery, Motorola mobile phones, household goods should be returned to the appellant.We think : 1.S, W, the support requirements of the victims were related to the lack of legal basis for living;2.S, W's corpse storage, June 4, 2003 public security organs have told S,W remains to be cremated remains of the victims, S, W not cremated remains of the victims, the resulting losses S,W deliberately widening losses, it should not be supported; 3.S, W advocated the return of all items related to the lack of evidence,Nor should support; 4.S, W's "legal fees" of the claims have no basis in law, the law should not support;5.S, W spirit of the Second Judicial Appraisal fees are S, W asked for a second forensic and,concluded with the first identification of bodies identified by the public security organs according to the commission findings basically the same, soIdentification of the second payment should be S, W commitment; Taiwan High Court completely reliable second defense,on July 8, 2005 : ruling rejected the appeal and upheld the original civil incidental part of the judgment.Comments Counsel (Criminal) under China's criminal law, criminal liability limit for schizophrenia,and surrendered themselves, with light punishment, but they intentionally wounding B, therefore, the time whenB court to 15 years in prison, in addition deported.(Civil) : Because he is not required under the law to take timely measures to prevent the expansion of the loss,it has no power to ask the other side to expand the compensation for the damage.
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