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Deng Yujiao is led into court by two policewomen, on June 16 in the Badong County Court in Hubei Province. (Epoch Times Photo Archive)
The trial on June 16 of the waitress who grabbed the attention of China when she defended herself against alleged sexual assault by Chinese Communist Party officials, killing one of them, concluded with a verdict of guilty but exempt from punishment. Deng’s supporters greeted the decision with a mixture of relief and irritation.
Deng had initially been charged with murder. This charge was downgraded to manslaughter, and then that charge was downgraded to assault.
A statement by Badong County Court of Hubei Province reads: “Deng Yujiao’s conduct comprised the crime of assault, yet because it was a form of ‘excessive self-defense,’ and because Deng Yujiao is only capable of bearing limited criminal liability and she also turned herself in to the authorities, she has been made exempt from punishment. Deng Yujiao’s free status has been legally, fully restored.”
The finding of “limited criminal liability” refers to the prosecution’s contention that Deng was a “manic depressive,” as reported by the state-run China Daily, or had unstated “mental problems,” as reported by the state-run Shanghai Daily.
An open letter from Mr. Li Chengrui, the former Director of the National Bureau of Statistics of China, a professor at Beijing University and a group of six high ranking retired officials, to the heads of The Political and Legislative Affairs Committee of the Communist Party of China Central Committee and the Supreme People’s Court, asserted what most people in China believe: that Deng is mentally healthy.
According to a report in the Beijing-based Caijing magazine, Deng appeared at the trial to be physically weak but psychologically in good health.
Deng’s first lawyer (one week after the incident he was fired from the case by Deng’s mother in what appeared to be the result of interference by the police), Mr. Xia Lin, expressed regret on his blog at the verdict: “Deng will still bear the guilt of ‘intentional injury’ and was labeled as being ‘mentally unsound’ or having a ‘mood disorder,’ all of which are not good for her. The entire process has too many problems.”
Among the problems for Deng is that she is still in jeopardy.
According to Beijing lawyer Xiong Zhi, “If the local procuratorate holds the verdict is too favorable to Deng, it can appeal in 10 days. If the procuratorate does not appeal, Deng should be free by then.”
But according to Xiong, even if the procuratorate does not appeal, Deng may still be subject to punishment, “Since Deng was said to be mentally unsound, she is put in the category of having a mental disorder. Then, according to the item 18 in the criminal law, the court can appoint her mom or guardian to watch her and give her treatment. If necessary, the government can employ forced treatment.”
Human rights groups have documented how the Chinese regime uses detention in mental hospitals as an extension of the criminal justice system.
500 supporters were at the courthouse on Tuesday with banners supporting Deng, but were not allowed to attend the trial. According to the supporters, if the date of the trial had been publicized in advance, many more would have shown up.
Deng’s supporters did not acknowledge the court’s guilty verdict and insisted Deng should be held “not guilty, with no punishment, and no claim that she has mental problems.”
Her supporters also pointed out that the court did not call for witnesses or evidence before reaching a verdict. Lawyers commenting on the trial asserted the verdict was pre-determined.
Some of the supporters said that the court had the wrong defendants. They held the true criminals were the local CCP officials who were present at the assault on Deng. As far as the Chinese public’s sentiment can be gauged by the outpouring of support for Deng on blogs, the views of her supporters at the trial are widely shared.
The wide national support for Deng has made her case an event of national importance.
The letter by the retired officials supporting Deng asserts that hers “is a nationally important case. Not handling this case properly would be like distorting the law … It would give the impression that we safeguard corrupted officials.”
The retired officials’ concerns appear warranted. According to one supporter, “The verdict is like stabbing our Chinese nation. It is a shame for China.”
