Previous 11 / 11 Next

架犯罪，故意杀死 5 人；抢劫致 1 人死亡，入户抢劫，抢劫数额巨大；绑架并杀害被绑架人 1 人，犯罪情节特别恶劣，手段特别残忍，主观恶性极深，人身危险性和社会危害性极大，后果和罪行极其严重，应依法惩处。对劳荣枝所犯数罪应予并罚。第一审判决、第二审裁定认定的事实清楚，证据确实、充分，定罪准确，量刑适当。审判程序合法。依照《中华人民共和国刑事诉讼法》第二百四十六条、第二百五十条和《最高人民法院关于适用〈中华人民共和国刑事诉讼法〉的解释》第四百二十九条第（一）项的规定，裁定如下：核准江西省高级人民法院（2021）赣刑终 236 号维持第一审对被告人劳荣枝以故意杀人罪判处死刑，剥夺政治权利终身；以抢劫罪判处死刑，剥夺政治权利终身，并处没收个人全部财产；以绑架罪判处死刑，剥夺政治权利终身，并处没收个人全部财产，决定执行死刑，剥夺政治权利终身，并处没收个人全部财产的刑事裁定。本裁定自宣告之日起发生法律效力。审判长绳万勋审判员杜晓鹏审判员李丽芳二〇二三年十二月十日法官助理舒畅书记员杨健飞

Select target paragraph3

● ● ●

Lao Rongzhi (劳荣枝)

CASE BRIEF

Jurisdiction

China

Nationalities

Chinese

Case Title: Lao Rongzhi Murder Case (2023) SPC review 95814630 (劳荣枝故意杀人案)

Age at Offence: 21

Age Group at Offence: Adult (18 to 59)

Gender: Female

Religious Group at Offence: Unknown

Jurisdiction - Geolocation

Latitude: 35.8617

Longitude: 104.1954

Jurisdiction - Geolocation (linked CASE BRIEF): China

Contributing TRP Partner

The Rights Practice (United Kingdom)
The Rights Practice Partner (China)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Executed

Year when sentenced to Death Row: 2020s: 2021

Method of Execution: Unknown

Rights Allegedly Violated

Dignity: Access to communication
Fair Trial and Due Process: Excessive and disproportionate punishment
Fair Trial and Due Process: Fair investigation & fair disclosure
Fair Trial and Due Process: Right against arbitrary or illegal detention
Fair Trial and Due Process: Right against self incrimination
Fair Trial and Due Process: Right to adequate legal representation at all stages
Fair Trial and Due Process: Right to fair hearing by impartial, independent tribunal
Torture: Shackles/ fetters
Torture: Torture/Cruel, Inhuman or Degrading Treatment or Punishment (CIDT)

Nature of Offences for Death Penalty

Kidnapping for Ransom
Murder: Multiple Victims
Robbery

Expert Evidence

Forensic/Medical evidence: Autopsy/Post mortem
Forensic/Medical evidence: Blood pattern analysis
Forensic/Medical evidence: Fingerprint/palmprint/footprint
Forensic/Medical evidence: Handwriting/questioned documents
Forensic/Medical evidence: Mobile/Computer/Digital evidence
Forensic/Medical evidence: Trace evidence (hair, fibers, paint, glass etc)

Case Background (300 words max): Lao Rongzhi was captured and arrested on 28 November 2019 in Xiamen, Fujian for committing a series of crimes, including kidnapping, robbery, and murdering seven people under joint enterprise with Fa Ziying (executed) 20 years ago. On 9 September 2021, Lao was sentenced to death by the Nanchang Intermediate People's Court for intentional homicide, kidnapping, and robbery. She was also stripped of her political rights for life and had all of her personal property confiscated. Lao appealed her conviction in court, and the second trial was held on 18 August 2022 at Jiangxi Provincial Higher People's Court. Although Lao admitted to being an accomplice to Fa, she claimed to have only done so in fear of losing her own life, as Fa had physically and sexually abused her throughout their relationship. On 30 November 2022, the court upheld the death sentence. On 18 December 2023, the Nanchang Intermediate People's Court carried out the execution of Lao Rongzhi, with the approval of the Supreme People's Court (SPC).

Defence Arguments (200 words max.)

Defence Arguments for Supreme People's Court Review include but not limited to:

Except playing the role of an accessory under the joint enterprise in the killing or deaths resulted from robbery, there is a lack of evidence which proves neither the defendant's act nor intent. Therefore, SPC shouldn't approve the death sentence in accordance with Article 429(3) of the SPC's Interpretation of the Criminal Procedure Law (CPL) of the PRC.
The defendant was illegally detained in hospital and confession was obtained through oppression including inducement and prolonged interrogation contrary to Article 429(6) of the SPC's Interpretation of the CPL of the PRC, therefore, the SPC shouldn't approve the death sentence.
Given the significance of the case, the first trial penal should've made of 7 jurors rather than 3 which is unlawful. Therefore, there is a potential procedural unfairness. On this basis, the second trial court should've reversed decision of the first trial court.
The Nanchang Intermediate Court and Jiangxi High Court were not impartial because local authorities faced intense public pressure to prosecute. This pressure came from a detailed national news report that labeled the defendant as a murderer and called her a "she-devil" after her arrest.
The Nanchang pre-trial detention centre barred the family appointed lawyers from seeing the defendant after her arrest. The next day the local security bureau appointed 2 state legal aid lawyers which gave the authority grounds to refuse family appointed lawyers to take the case.
The state legal aid lawyers failed to exclude the confession obtained through oppression.
The Court failed to consider the relationship imbalance between the defendant and Fa Ziying (executed) that the defendant had been psychologically and sexually abused by Fa.

See Defence Statement below (劳荣枝案死刑复核辩护词) for more details.

Legal Representation Received

Appeal: Pro bono
Pre-trial: State Legal Aid
Trial: State Legal Aid

Legislation Related to the Offence(s)

Articles 12, 25(1), 26(1), 26(4), 36(1), 57(1), 67(3), 69(1), 69(3), 88(1), 232, 239, 263, of the Criminal Law of the PRC.

Supreme People's Court's "Response to the question of how to apply the law to the act of seizing the victim's property on the spot by means of violence or coercion in the course of kidnapping":

If the perpetrator, in the course of kidnapping, also seizes the victim's property by means of violence or coercion, he or she shall be punished for the most severe single offence amongst the two.
If the perpetrator premeditates intentional killing for the purpose of robbing property or, in the course of robbing property, intentionally kills a person in order to suppress the victim's resistance, he or she shall be convicted and punished for the crime of robbery. If the perpetrator, after committing the robbery, intentionally kills a person in order to silence him or her, he or she shall be convicted of the crime of robbery and intentional homicide and shall be punished concurrently.

Article 101(1) of the Criminal Procedure Law of the PRC. Articles 192(1), 192(2) of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the PRC

Articles 9 and 14 of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases