In order to help his son to appeal, Liu Dawei's parents came from Fujian to work in his hometown of Sichuan, living in the rough rent of 200 yuan room. The picture shows Liu Dawei's mother Hu Ji following. Newspaper reporter Lu Yijie photo

Behind Liu Dawei still puzzled: his 2014 online purchase of 24 simulation  pepperball gun, the goods have not yet received, the outcome is smuggling of weapons and was sentenced to life imprisonment.

The 20-year-old young man in the prison handwritten 26 page complaint material, his parents from his home in Dazhu County, Sichuan Province, moved to Ningde City, Fujian Province, while working, while the monthly court to reflect the situation.

Xu Xin, a professor of the Beijing Institute of Technology, said that Liu Dawei did not have intentional and objective acts of smuggling weapons. He was not involved in the purchase of Liu Dawei. He was sentenced to heavy penalties and the key evidence of his conviction. There are some problems.

In recent years, many "imitation gun" was identified as a real airsoft bb gun "in the context of the report, China University of Political Science Professor of criminal law Nguyen Lin said," the behavior of this case is obvious, and the establishment of the intention of the crime of smuggling of weapons is inconsistent . "

Online shopping platform page display is "game airsoft bb gun"

In April 2015, Quanzhou City Intermediate People's Court of Fujian Province to smuggle weapons, sentenced Liu Dawei life imprisonment. In August of that year, Fujian Provincial Higher People 's Court upheld the original verdict.

According to the verdict, Liu Dawei in August 2013 through QQ and Taiwan seller "BH" (on behalf of - press note) on the link. In early July 2014, Liu Dawei in the "BH" to provide "× × weapons space" in the election of 24 gun-shaped objects, and the model to "BH".

July 16, Liu Dawei through the film on behalf of the Taobao shop, with Paypal to pay 30540 yuan.

On the reason to buy 24 simulation guns, Liu Dawei from the first interrogation on many times, said: "I like the simulation gun, would like to be at home when the decoration, it looks impressive.

China Youth Daily reporter found that Liu Dawei choose simulation gun "XX weapons space", the official website is a so far in the mainland can visit the Taiwan online shopping platform. The website titled "Survival Game Network" (ie "network" - reporter note) flagship store ", with" survival game BB gun "area, Liu Dawei choose most of the simulation guns from here.

Survival game similar to the mainland's "real CS", players usually wear protective gear, use the BB gun to start the "military game." The official website shows that the site in Taipei, Taipei, Kaohsiung, Tainan a total of nine outlets, mostly in the subway station, train station, universities, shopping malls near. If the online shopping in Taiwan, buyers can also pick up to the 7-11 convenience store.

Liu Dawei's mother Hu Ji told reporters that his son loved to play guns from around the end of 2013, Liu Dawei from Shenzhen to work back home in Sichuan Dazhao driver's license, during the purchase of "weapons", then just three months.

Hu Guji said she knew her son wanted to buy 24 simulation guns, but also seen selling gun site, which says "Game BB gun", "We want to, since the open can be sold online, should be formal."

She then envisaged a bad situation: even if illegal, it may also punish money, up to a few days, "which knows will violate the criminal law, life imprisonment?

In the end, Liu Dawei 24 airsoft bb gun were identified as 20 Department of guns, according to judicial interpretation, smuggling more than 10 non-military firearms are particularly serious, can be sentenced to life imprisonment.

"Xu Xin told reporters that the online shopping platform shows the" game "words, 20 so-called guns are not actually served Liu Dawei, Liu Dawei has never been in contact, but also to buy a gun, Ignorant of their injury, more can not be detected.

Liu Dawei is not the first encounter " 'imitation gun' real thing" people. In recent years, the media has repeatedly reported that some people hold or sell what they think of the simulation guns, toy guns, the results identified by the public security organs as real guns, suspected of crimes, including the crime of trafficking in firearms,

Reporter noted that the determination of the standard gun is the Ministry of Public Security in 2010 to determine the "muzzle than the kinetic energy" is greater than 1.8 joules / square centimeter ( "muzzle than kinetic energy" can be measured gun damage - reporter note). With the "simulation gun" news of the fermentation, some scholars began to explore whether the standard guns is too low, whether it will exceed some people's common sense of life and foresight.

Fujian Court of second instance did not accept the letter "Liu Dawei does not have intentional smuggling of weapons," the defense of opinion. One of the reasons is that Liu Dawei knowingly in the mainland sale of simulation guns forbidden by law, and the purchase of simulation guns when using a false identity.

Lawyers said the list of detained and Liu Dawei buy not exactly the same

July 22, 2014, Fujian Shishi Customs anti-smuggling branch in Quanzhou, a logistics company warehouse seized a number of goods. August 4, customs officers found two unusual weight of the water dispenser, a box in the possession of 24 gun-shaped objects, another possession of 11.

The verdict shows that possession of 24 guns dispenser ready to send to "Dazhu County, Dazhou County, Sichuan Province," receiving phone 132 × × × × × × × ×, pick-up approach to self-mention, the recipient is "Mr. Judgment, the actual control of the goods is actually Liu Dawei.

"Liu Dawei online shopping registration of the consignee is 'Mr. Zhou', not 'Mr. Xi'." The registered address is 'Dazhou City, Sichuan Province Dazhu County since the mention, 635100'. "Appeals lawyer Xu Xin that, There may be others to buy.

China Youth Daily reporter in the forensic report, Liu Dawei's Taobao account as "Zhou Meng 1", Taobao transaction records show that the consignee of 24 imitation guns are indeed "Mr. Zhou." However, in a logistics company in Taiwan issued a "statement of facts", the consignee name "Mr. I", address less "city" word, mobile phone number is the same.

"Mr. Zhou" to "Mr.", is purely a typo, or the wrong person, or later changed the name of the consignee? The reporter tried to call the "description" recorded in Taiwan, Miss Xu to verify the sender, but the phone is male, he said recently has just been using the phone number.

Hiding goods, false names, these smuggling practices become Liu Dawei questioned grounds. But Liu Dawei and lawyers said that the seizure of goods that customs may not be Liu Dawei purchase.

For this argument, after the verdict that the identification of personnel from the residence of Liu Dawei detained in the personal computer to detect Liu Dawei and Taiwan sellers to finalize the list of purchase guns, the list price and Liu Dawei paid the same amount, purchase list after Liu Dawei confirmed, Enough to identify smuggled goods for Liu Dawei purchased.

Xu Xin still believes that some of the details of the 24 gun-shaped worthy of continued scrutiny. He found that the verdict records of Taobao on behalf of the beat shopkeepers testimony shows, "BH" told the owner of Taobao, the whole gun will be split into pieces and then transported to the mainland, "and the detained gun is a complete simulation gun.

He found that Liu Dawei for the first time that when the confession, 24 gun-shaped gun with four guns, at least one is charging, the other three can not remember. Appeal in prison material, Liu Dawei said four are charged.

But after identification, gun-shaped objects in addition to 3 for the model, the rest are compressed gas as the driving force, there is no charge.

Xu Xin's assistant Xiao Zhe told reporters, according to her grasp of the customs out of the box video, the first video is the first act against the already opened "box 643" wooden box, then go to the plastic foam has been removed from the gun Shaped objects, and then to have been removed from the wooden box and has opened the water dispenser.airsoft bb gun

"This shows that the seizure of the record before the video has been opened, this video can not determine the wooden box is equipped with a drinking fountain, can not determine the dispenser from the box, but can not determine the gun-shaped from the wooden box." Xu Xin said, These videos do not prove that the gun in question is associated with a wooden case of box number 643, "there is no unique correspondence between the seizure and the gun in the unpacked video."

Liu Dawei in the complaint material also said that he did not know the situation hidden in the water dispenser simulator, "business did not tell me, if it is 'BH' issued by, at least she told me to be installed in the water dispenser inside , Otherwise, I opened the box inspection found only drinking fountains, I will directly reject the ".airsoft bb gun

February 17 this year, the reporter contacted the judge handling the case, the judge said the case has been closed, inconvenient for the interview.

Part of the contents of the identification of the alleged violation of norms

Quanzhou City Public Security Bureau of evidence identified in September 2014 issued by the "firearms, ammunition identification book" shows that 24 gun-like submissions, 20 with injury, identified as guns; one can not determine whether the cause Injury, can not determine whether the gun; there are three non-traumatic, identified as a simulation airsoft bb gun.

First and second trial defense lawyer, Beijing Pacific Century (Guangzhou) Lawyer Zhou Yuzhong told reporters that the identification of his views from the investigation stage to challenge, apply for re-identification, but in the end did not get permission. The identification of an important basis for the court's decision.

Zhou Yuzhong and Xu Xin are that the identification of Quanzhou City Public Security Bureau and the identification of personnel did not provide proof of qualification, the Fujian Provincial Department of Justice as the legal provisions of the identification of the registration, the notice of the department, the official website query system did not show the agency and two identification Personnel of any information.airsoft bb gun

Fujian Provincial Department of Justice Department of Justice and Forensic Science Department staff explained that the establishment of public security, procuratorate and other institutions identified by the Public Security, the Procuratorate of their own management, "not in our management, so the Office of Justice is not found on the Internet." pepperball  gun

Engaged in the identification of more than 30 years of veteran industry Zhao Ling (a pseudonym) confirmed this. He introduced China's accreditation bodies currently implement two systems, a set of social-oriented, a set of internal organs for the public security procuratorial organs. This pattern of "self-detection" has long been criticized for failing to maintain its neutrality, and the country has tried to reform it, but it has not achieved the desired results for more than 10 years.

In fact, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice in 2008 has been issued "on doing a good job in forensic institutions and forensic registration work of the notice," the judicial administrative organs of the prosecution , Public security organs, the state security organs to review the accreditation of their respective accreditation bodies and experts for the record registration, preparation and updating of national accreditation bodies, experts roster and notice. pepperball  gun

In Zhao Ling view, the "guns, ammunition identification book" part of the content of substandard. Zhao Ling said that the agency identified 24 guns, but only in the "analysis and argumentation" in general, "20 to seize the 'gun' fired projectile maximum muzzle kinetic energy greater than 1.8 joules / square centimeter, Each "gun" the specific values, there is no account of each gun to test how to shoot, "This is not convincing."

Zhao Ling also believes that the identification of the identification, re-examination of the personnel arrangements are also defective, "Identification of the title of engineers, reviewers but only assistant engineers, this is the cart before the horse, review the title should normally be higher." Said that in his impression, a lot of identification are responsible for the review by the person in charge of the laboratory.

February 18 this year, as a review of the surname of Assistant Engineer Liang told the China Youth Daily reporter, their internal work requirements do not "review the title to be higher than the identification of" provisions. Liang also said that they each of the "gun" were tested, the file has a specific numerical bottom.

Zhao Ling said that forensic opinions should be with the professional senior professional and technical positions of the qualifications of the expert review, which is the judicial work of the basic work of an element of the judicial department by the Justice Bureau of the Secretary for the preparation of a "judicial appraisal General Theory "of the book also made this point.

In addition, the complaint lawyer Xu Xin also from the media published an article, the identification of people, review the signature of the same person suspected of writing, serious violations of the law. In response, the assistant engineer surnamed Liang responded that the signature is not the same person to write, "can do identification." pepperball  gun

Some scholars believe that the crime of illicit smuggling of arms is the original intention of the legislation

First and second trial defense lawyer Zhou Yuzhong told reporters that this is his defense of similar cases in the most important sentence. In contrast, in January this year, he defended the first case of "imitation guns" case, the emulator gun traders kingdom, after six years seven times twice withdrawn, and ultimately by the Guangzhou Yuexiu District Procuratorate that does not constitute Crime, make a decision not to prosecute.

October 2009, the kingdom in the street of 20 imitation guns were sold to 18 were identified as real guns, Yuexiu District Court of First Instance sentenced him to 10 years imprisonment. Today, the prison for four years the kingdom is applying for 67 million national compensation.

Several media reports have raised such cases, 1.8 joules / square centimeter of guns that the standard is too low. In this regard, a criminal law scholar told the China Youth Daily reporter, "If because of a case you want to put the whole gun to overthrow the standard, this method and ideas is unrealistic, because many court decisions are quoted in the standard. pepperball  gun

The Chinese People's Public Security University, an associate professor of the author that the relevant normative documents have not been modified before the muzzle than the kinetic energy between 1.8 joules / square centimeter and 15 joules / square centimeter between cases, should be carefully dealt with, "if the suspect People have evidence to prove their subjective do not know the behavior of the object is a firearm, and this understanding of illegitimate errors can not be avoided, it should stop the crime intentionally does not constitute the corresponding firearms crime.

China Youth Daily reporter calculated that, according to the September 2014 shopping page set out by Liu Dawei to buy gun-shaped objects of the initial speed, and the weight of the relevant BB bombs, guns in the complete data, the maximum muzzle kinetic energy of about 9.95 Joule / square centimeter, the smallest is 2.8 Joules / square centimeter.

It is understood that previous experiments show that the breakdown of the projection of the skin of the critical value of about 10 to 15 joules / square centimeter.

The Associate Professor noted that some local jurisdictions have begun to take a prudent stance. For example, a surname on behalf of farmers in the county bustling lot opened a daily department store, one day, a toy wholesalers to sell toy guns, on behalf of a cost of more than 1,600 yuan purchased 50. Later, the police seized 24 plastic guns, identified by three of the muzzle than the kinetic energy of more than 1.8 joules / square centimeter, the public security organs to criminal filing.

"However, the procuratorate that acts on behalf of a crime does not meet the elements of the crime of illicit sale of firearms, made it not constitute a crime, the decision not to approve the arrest, the public security organs for its administrative punishment.airsoft bb gun

Xu Xin believes that Liu Dawei case sentencing excessive. In recent years, its case is similar to the Guangzhou white-collar Pingmou, "Nanfang Dushi Bao" reported that the purchase of simulation gun in Hong Kong Fengmou immigration was arrested, 34 guns were identified as real guns, the Shenzhen Intermediate People's Court found guilty of smuggling Arms, "according to the law should be sentenced to life imprisonment or death, but the Shenzhen Intermediate People's Court in accordance with the law that the sentence is too heavy, the crime does not meet, then sentenced to 8 years in the statutory sentence, the Supreme Court approval Can take effect. "

In China University of Political Science and Law Professor of criminal law Nguyen Qi Lin, was the establishment of smuggling of weapons, imagine the situation is the defendant to get guns, ammunition to escape customs control, cross the border, "This is a terrible act, this case , The punishment standard is very strict ".

"But, Liu Dawei did not do this, he just has to buy behavior, one he did not understand this behavior, and second, he thought of this online can buy, and certainly imitation gun.Other operations he just pay. Ruan Qi Lin said that if smuggling, it is the seller in the dry, Liu Dawei did not do.airsoft bb gun

Nguyen Qi Lin that the case is obviously not the same as the original intention of the legislation, the crime of smuggling of weapons,  This is not Liu Dawei competent, and he is a point of a mouse, make a money ".

Nguyen Qi Lin said, "Criminal Law" Article 63, paragraph 2 provides the exception: Although the criminals do not have the mitigating circumstances of this Law, but according to the special circumstances of the case, with the approval of  the Supreme People's Court, Sentenced to punishment.