Case Summary:On June 29, 2012, it was an ordinary morning, no different from usual. Xinjiang Hotan Airport is still bustling with people, passengers shuttle in the waiting room, and airport workers are busy in an orderly manner

Case Summary:

On June 29, 2012, it was an ordinary morning, no different from usual. Xinjiang Hotan Airport is still bustling with people, passengers shuttle in the waiting room, and airport workers are busy in an orderly manner.

Guo Jia pulled her trolley case and other crew members to board the Tianjin Airlines GS7554 flight. Two hours later, the crew will carry out the flight mission from Hetian, Xinjiang to Urumqi.

The crew is conducting pre takeoff inspections to prepare for the upcoming boarding. The crew members perform their respective duties and work in an orderly manner.

It's boarding time, and the flight attendants are standing at the check-in gate, smiling and welcoming passengers who are coming to board. Some flight attendants help passengers arrange their belongings, while others guide their seats. The otherwise quiet cabin suddenly becomes lively.

Shortly after, all passengers boarded the plane and took their seats. Security personnel conducted a final inspection of the cabin, and flight attendants were also conducting safety propaganda to inform passengers of emergency situations, and so on. After telling, the passengers were busy with their own affairs.

The purser Guo Jia began to inspect again, paying attention to the passengers in the cabin. Everything is ready, waiting for ground instructions.

At 12:25, the ground issued a command to launch the aircraft, and then the aircraft began to taxi on the runway. Gradually, the aircraft rose from the ground and flew higher and farther into the sky.

The personnel on the plane are waiting for the plane to take off and smoothly fly into the high altitude. A few minutes later, the plane climbed to an altitude of 5000 meters and entered a stable flight.

Suddenly, a young man leaning on a metal cane stood up. Guo Jia quickly noticed him and quickly approached to inquire. Guo Jia began to notice the man from the moment he boarded the plane. He leaned on a cane and was unable to move. He slowly walked into the plane. At that time, Guo Jia came forward to help guide the disabled man to his seat and kindly told him to contact her if he had any problems.

But at this moment, this man, who was originally disabled, was walking as fast as he could. He was holding a cane and dismantling the metal cane into six sections as he walked, reaching the middle of the economy class. At this moment, the five men in the middle suddenly stood up.

The man distributed the other five metal crutches to these five men. After the five men took the metal crutches, three of them immediately rushed to the cockpit.The other three stayed in place and scanned the nearby crowd. The crowd suddenly panicked and looked at the men in panic.

Guo Jia noticed something was wrong while the man was distributing his crutch, so he stepped forward to check and prepare for an early warning. She immediately rushed towards the man to stop him, and one of the men fiercely knocked at Guo Jia, who fell unconscious.

The three men who stayed in place began waving metal crutches and smashing the equipment inside the cabin. They also had to beat up passengers who were trying to stop them. The cabin was filled with sudden screams, causing chaos for everyone. Security officer Xu is looking for an opportunity to stop him.

In the middle seat of the cabin, a man named Lu immediately stared at the three personnel, preparing to find an opportunity to subdue them. However, seeing this situation, he felt that he couldn't sit idly by.

He looked around and couldn't resist himself alone, so he stood up and called on everyoneIt's men coming together, everyone resisting them together. They're small, let's stop them together. Don't be afraid, we're big, they're outnumbered. Only by stopping them can we save ourselves

At that time, there were several skilled personnel and security officer Xu in the economy class who immediately rushed towards the criminals and engaged in a fight.

At the same time, Du, the safety officer, was sitting in front of the economy class. Hearing the noise of chaos coming from behind, he immediately stood up and looked back. Only three men waved metal objects Mae Nomeri. Before the safety officer could stop him, one of the men grabbed a cane and slammed it on his head, instantly falling to the ground.

In front of the economy class is first class, and the three men did not make a stop and rushed towards first class after passing Du.

At this moment, the first-class cabin was very quiet, and the sudden sound of footsteps broke the silence. Liu is a passenger in the first class cabin. At this moment, he is busy with some documents. When he heard the commotion, he looked for attention and saw a man walking through the first class cabin, holding metal products and preparing to knock on the cockpit door.

Liu was surprised and suddenly realized that something had happened when he saw the door smashed into the cockpit. This person was probably going to hijack the plane.

The sound of smashing the cockpit quickly alarmed other first-class passengers, and everyone stared at the man smashing the cockpit without understanding what he was doing.

Liu looked around to see if there was a chance to stop him. Suddenly, he noticed a man holding an unidentified object in one hand and a flame in the other. He suddenly realized that this was a gang crime, and they were a terrorist organization trying to blow up a plane.

He immediately shouted at the man, taking advantage of his lack of attention, kicked away the spark in his hand, dragged away the unidentified object, and threw it slightly further away.

Some passengers thought that someone was arguing and began to unfasten their seat belts, preparing to come over and help pull the frame. Some passengers continue to wait and see because they are unsure.

The man who was kicked off by Liu became angry with embarrassment and picked up a metal cane to knock on Liu's head, causing him to fall to the ground. The third hijacker also came to Liu's side and beat him up with his companions.

Liu was defeated and saw the crowd around him in a daze. He immediately shouted to the other people in the first-class cabin, telling them that someone had hijacked the plane. Liu's words were like a thunderous sound on the ground, waking up other passengers in the first-class cabin. The person who was preparing to come and pull up quickly ran over to help, and others reacted by unbuttoning their seat belts and also preparing to come forward to help.

Economy class passenger Wang noticed the situation in first class and understood that their purpose was either to bomb the plane or to hijack it, both of which were endangering life safety. So Wang shouted to the other passengers in the economy class, "These people are holding torches, they are going to blow up the plane. Let's unite and stop them together." Some passengers in the economy class joined the struggle one after another.

At this moment, Guo Jia gradually regained consciousness and got up to overcome the difficulties. She immediately sounded the emergency call and alarm in the cabin. Notify the crew members in the cockpit and other members of the cabin department that the aircraft has encountered an emergency situation.

The hijackers in the first class cabin continued to smash the cockpit door with great force. At this point, Guo Jia had already arrived in first class and saw other passengers in the first class being stopped by two men waving metal crutches.

She looked for an opportunity to cross the crowd and immediately came to fight with the man who hit her, and other passengers also tried to find someone to help. The man realized that in order to open the cabin door, he must first solve Guo Jia.

So he took a cane and hit Guo Jia. Another hijacker wanted to retrieve the unidentified item and ignite it again. Guo Jia immediately rushed over and kicked the item away, causing even more serious injuries. Other first-class passengers took the opportunity to surround the three hijackers and rescue Guo Jia.

Upon hearing Guo Jia's alarm, the personnel in the cockpit immediately identified a hijacking. Immediately ordered to return to the airport. The crew immediately applied to the ground for a return flight, issued a hijacking code, and issued anti hijacking instructions.

Upon receiving information on the ground, institutions at all levels quickly carried out anti hijacking plans and guided various preparations. The tower is also ready at all times, keeping in touch with the aircraft, and preparing to launch a forced landing according to radar displays. The emergency departments at the airport, such as the fire department and medical staff, also arrived at the airport to prepare for rescue work.

The captain received ground instructions, piloted the plane to turn around smoothly, and began to return to the airport. The hijackers in the economy class heard that the first class cabin had not yet broken open the cockpit door, and saw the plane turn around. The melee with the passengers made them feel that the situation was not good, so they decided to go to the first class cabin and work with other personnel to break open the cockpit door.

At this moment, security officer Du woke up and saw the personnel approaching the first-class cabin. He immediately climbed up and stopped along with other passengers who were helping. Other flight attendants saw an increasing number of injured people and immediately called on all passengers in the cabin.

Requesting powerful passengers to help subdue terrorists, some passengers bravely stood up and no longer fear terrorists. Their lives were on the verge of extinction, and they were still afraid of something.

Men, women, old and young all joined the battle, and some went to the first-class cabin to help. Everyone took turns coming forward to stop the hijackers, consuming their physical strength. The hijackers gradually felt physically exhausted, and their movements and strength were not as strong as before.

The passenger saw the terrorists' strength decrease and immediately became full of strength, continuing to fight against them. Everyone worked together and quickly bundled their uniforms, causing injuries to most passengers and crew members, both large and small.

The captain also piloted the plane safely back to the airport, and the entire process took 15 minutes, short and long. At 12:45, this terrifying aircraft finally landed smoothly and safely. When the passengers reached the ground, everyone breathed a sigh of relief and wept with joy.

Finally, the Intermediate people's court of Hotan Prefecture, Xinjiang, held a public hearing of the first instance of the case of violent and terrorist hijacking of several defendants and sentenced them in court. They were sentenced to death for three defendants and Civil death for life by organizing, leading, participating in terrorist organizations, hijacking aircraft, bombing and other crimes; One defendant was sentenced to life imprisonment and Civil death for life.

Interpretation by case:

In this case, the court sentenced three defendants to death and Civil death for life by combining the crimes of organizing, leading, and participating in terrorist organizations, hijacking aircraft, and bombing; One defendant was sentenced to life imprisonment and Civil death for life.

According to Article 120 of the Criminal Law, those who organize or lead terrorist organizations shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment; Those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or Civil death.

The object of this crime's infringement is public safety, that is, the safety of the life, health, and property of the unspecified majority. The objective elements manifest as organizing, leading, and actively participating in terrorist organization activities. A terrorist organization refers to a criminal organization established by three or more people for the purpose of long-term and planned terrorist activities, which has strict organizational structure, stability, and great social harm.

The object of this crime is a terrorist organization, that is, a criminal organization that carries out terrorist activities such as murder, explosion, and kidnapping. The subjective element is direct intent and has the purpose of conducting terrorist activities.

As long as the perpetrator engages in one of the acts of organizing, leading, or participating in a terrorist organization, it constitutes this crime. Several members in this case all meet the above constitutive requirements.

According to Article 121 of the Criminal Law, whoever hijacks an aircraft by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment; Those who cause serious injury or death to a person or cause serious damage to an aircraft shall be sentenced to death.

This crime objectively manifests as the act of hijacking an aircraft through violence, coercion, or other means. The criminal object is an aircraft. The subject of this crime is a general subject. The subjective element is intentional hijacking of aircraft.

The terrorist organization in this case meets the above constitutive requirements and constitutes the crime of hijacking aircraft.

According to Article 115 of the Criminal Law, anyone who commits arson, breaches a dike, explodes, or throws poisonous, radioactive, infectious disease pathogens or other substances or uses other dangerous methods to cause serious injury, death or heavy losses of public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

The object of this crime's infringement is public safety, that is, the safety of the life, health, or significant public or private property of the unspecified majority. The objective requirement is the act of exploding public or private property or individuals, which endangers public safety. The subject of this crime is a general subject, and subjectively, it manifests as intention, including direct intent and indirect intent.

The perpetrator in this case meets the constitutive requirements of the above-mentioned explosion crime.

According to the actual situation and the role played by different members, the court sentenced three defendants to death and Civil death for life by combining the crimes of organizing, leading and participating in terrorist organizations, hijacking aircraft, bombing and other crimes; One defendant was sentenced to life imprisonment and Civil death for life.

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