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High Court: "If the commute is certainly wrong, mistakes must be corrected."
Zhaotong man raped and killed 19-year-old girl Wangjia Fei Li Changkui after the turn of their 3-year-old brother burned to death. Zhaotong City Intermediate People's Court sentenced them to death, but the Yunnan Provincial Higher People's Court of Final Appeal ruling commuted Li Changkui for the reprieve on the grounds that it has voluntarily surrendered themselves, confession, repentance good attitude, a positive compensation for the families of victims of economic loss. Newspaper June 8 took the lead on the case reported, the second instance commuted aroused great controversy, users believe that the case of light sentences commuted. For questioning yesterday, the Yunnan Provincial Higher People's Court vice president, spokesman Tian to have said: "The High Court within the next two days will conclude released to the community."
"The public security organs nationwide arrest warrant has been issued, in the face of authority and their crimes law, Li Changkui before choosing to surrender. Is a passive surrender, surrender unsolicited." May 20, 2011, the families of victims posted on sites such as Baidu said the reprieve for the second trial will be changed to the practice of the death penalty, and the family said it could not accept. Families that the accused fled after committing the crime, not a surrender, but there is no positive compensation.
"Propose marriage refused raped and killed her lover second instance commuted reprieve," June 8, the newspaper reported on the case in detail. The following week, the families of the victims continue online posting, demanded stern punishment for the murderer, causing many users thread, friends and families of the victims will have much national attention, "Yao Jiaxin murder case." In contrast, for the second trial questioned.
June 15, the families of the "CDC" post, triggering a broader concern; June 18, families of the victims to Kunming, Yunnan Province Procuratorate to reflect the material submitted, requesting the prosecution case is concerned,hogan scarpe, two days later, the families of the victims of the Yunnan Provincial Higher People's Court sent the ED reflect material; "criminals raped and killed two people were surrendered eligible for Free death, name of the village joint protest" at 9:40 on July 3, Li Changkui case again China gateway Note reports, On the same day, the People's Daily, Xinhua and other major sites invariably the case reported in the home; July 4, the case caused dozens of Xinhua News Agency and other national media attention coverage.
Since then,scarpe louboutin, "Li Changkui case" is pushed to the top of public opinion. To late yesterday, a website "Today's Topic" public opinion survey conducted shows that 97.78% of users believe that the cruel methods of crime in this case, the second instance commuted the sentence was too light.
Yesterday, Yunnan Tin to high spokesman Dean had in an interview with reporters, said, thanks to the majority of people and users of the "Li Changkui case" concerns, the High Court is not turning a blind eye on the case, the case has been caused the hospital's attention is currently working on ways to deal with the court. Tian, vice president, said that only in the interest of the general public can be more impartial judiciary,"then it was rear wheels grind in the past. ", and now the case is the first trial, the second trial procedures have been completed, whether commuted, then how to change? Trial is very specialized, the court must strictly follow the procedure to do.
Tian, vice president stressed that if the High Court was wrong in this case, it must change, mistakes must be corrected; but if after a re-examination, the conclusion that is right, please the majority of Internet users and the families of the victims to obey the court's decision the results. Tian, vice president and finally said, within the next two days, the High Court on the findings and treatment options will be released to the public through the media.
Roundtable Discussion
It will certainly be able to surrender a lenient sentence
Families that Li Changkui fled after committing the crime, public security organs in the country issued an arrest warrant in front of their own authority and legal facts of the crime, the way it is desperate to flee, before choosing the public security organs surrendered to Sichuan. Court of First Instance, although voluntarily surrendered themselves, but not enough to be given a lighter punishment according to law. Court of second instance is identified voluntarily surrendered themselves, and this as an important basis for commuted reprieve. This "surrender" is consistent with the provisions of the law can be reduced or lighter punishment surrender? The case of "surrender" can become "amnesty"?
User can mason: the case does not belong to surrender, which requires courts and lawyers to debate. In my opinion, the law should let people know what is the bottom line. Xin drug house also surrendered,I put the money directly to t, but why the law and sentenced him to death, I think this is a legal bottom line. For the vile, intentional homicide and death of criminals, if he die, how to ensure the dignity of the law? The cases reported from the current point of view, I think the suspect's behavior is extremely bad.
Yunnan University Law School professor Gao Wei: Judging from the facts of the case, the behavior of Li Changkui criminal law should belong to surrender, but surrendered just one plot can be lighter or mitigated punishment, not to be lighter or mitigating circumstances. The case was aroused controversy on the question whether the surrender may be given,hogan interactive, is that the offender has two court did not voluntarily surrendered themselves under what circumstances can a lighter or mitigated punishment careful reasoning, but in a usual The conclusion of the declaration,nike tn requin, the lack of theoretical conclusions narrative itself is likely to cause controversy.
Yunnan Lawyer Tao Huang Jianjun: I think it should not be commuted. According to China's Criminal Law Article 67 provides for the surrender of criminals, be given a lighter or mitigated punishment, here defined as "may" instead of "should." Surrendered the initiative should be considered surrendered,doudoune moncler pas cher, confessed timeliness and stability. The present case, although Li Changkui have voluntarily surrendered themselves, but the crime with particular cruelty, great harms to society, and fled the scene after committing the crime, only four days after the surrender, the surrender is not active, it is not enough time, should his death sentence.
According to regulations,peuterey prezzi, voluntary surrender refers to the fact that the crime or the suspect has not been found that the judiciary, or to be found, though, but the suspect has not been questioned, not surrendered the initiative when coercive measures. According to the regulations, were forced to surrender should be recognized as surrender. But in this case, in accordance with the plot Li Changkui crime, consequences and should not be lenient punishment.
Former Judge Lee: surrender not equal to "amnesty", in this case should belong, while having surrendered or meritorious circumstances within the discretion of the court,tiffany roma, but crimes are particularly bad,piumini moncler, the consequences are especially serious crime, the defendant subjective malignant deep , dangerousness large,Original title, or in front of a crime shall circumvent the law, to avoid punishment and ready to surrender, meritorious, may not be lenient punishment.
Whether considered as a "positive compensation"
Second instance court found that Li Changkui guilty plea, repentance good attitude, a positive compensation for the families of the victims of economic loss. The family members said, after the case occurred, did not actively compensate Li Changkui home, they do not get compensation, funeral expenses of $ 20,000 a penny, but also the local government to force the sale of part of the property Li Changkui family come. This situation is considered "active compensation"? Second instance commuted this as one of the important basis is legitimate, reasonable?
Gao Wei: If the families of the victims alleged are true, the situation is difficult to say the presence of the defendant actively compensate.
Can mason: This is not compensation and damn love are two different things. "Positive compensation" should be evaluated by the injured party. Principles of second instance commuted, and I think we must adhere to the "Sharenchangming" principle.
Huang Jianjun: the so-called active compensation, the victim should be proactive, timely and comprehensive compensation. That happened after the crime,faces the same good, the defendant take the initiative to compensate families of the victims, and full compensation in accordance with the project and the amount of compensation law. The case, after the crime occurred, Li Changkui fled the scene many times in local government intervention was able to partially pay for the loss of the victim through the sale of assets, clearly does not belong to the active compensation. This as an important basis for the court of second instance commuted, and I think the lack of factual basis and legal basis.
Lee: According to the expression host, in this case should not be considered a positive compensation, and in fact did not have what Li Changkui compensation ability, his attitude is not appropriate in this case for compensation as sentencing discretion plot.
Cruel impact on sentencing
Case, Li Changkui the Wang Jiafei pinch to coma, rape, and then lift the hoe hit his head, causing his death. Then turn only 3 years old brother Wang Jiafei lift its head slam the door, causing his death. After committing the crime, Li Changkui also got a rope, the royal siblings Le neck together. Most of the families and friends that the case of crime is extremely cruel means, according to the law should be sentenced to death. Degree cruel methods of crime, and whether the case should not affect sentencing?
Gao Wei: brutality is a discretionary sentencing,abercrombie outlet, when determining the magnitude of the specific penalties in the legal punishment, with some reference value. In violation objects behave quite the case, different degrees of cruel means, for the extent of the defendant's dangerousness and antisocial tips reveal an important role,hogan uomo outlet, therefore,against the right of reputati, can be cruel or not as a means of reference for sentencing.
Can mason: I think it is a measure of the degree of cruelty on the seriousness of the crime is an important factor. Suspect so cruelly deprived of the two lives, if the court does not consider it is unconvincing.
Huang Jianjun: case, Li Changkui criminal means particularly bad, and at the same time constitute the crime of rape and murder, should Li Changkui graft. Li Changkui cruel means, should be considered as a sentencing in sentencing.
Lee: Article 61,Chow Pak × ditch, "People's Republic of China Criminal Law": "For the criminal penalty when the decision should be based on the facts of the crime, the nature of the crime, the circumstances and the degree of harm to society, in accordance with the relevant provisions of this Law . "In this case the degree of cruel methods of crime, the criminal law is actually described in the" facts of crime, the nature of the crime, the circumstances ", so the extent of cruel methods of crime can affect the sentencing of the case.
Surrender and compensation impact much on sentencing
In many adverse effects of major criminal cases, some of the defendants have since surrendered, compensation and other reasons, successful life insurance. So, surrender,air jordan pas cher homme, compensation for sentencing case will play what role?
Gao Wei: This question relates to the necessity and legitimacy of the death penalty issue, also related to the contradiction between public discontent with the judicial independence of judgment. The case is on the surface of the standard discussion of the death penalty, is the trial of public anger and judicial independence differences controversy, but is essentially a community to call for fully reasoned judicial decisions and laws apply equally desire, but also the prestige of the judiciary and justice Remodeling exigencies of the reaction.
Can mason: In my opinion, money is money, life is life. The loss of the money available to pay, life should be arrived Yongming. Because the suspect surrendered life insurance compensation and other reasons, the bottom line is that a violation of the law.
Huang Jianjun: If the suspect committing the crime with particular cruelty, subjective malignant deep,English is good, a great social harm, then surrendered, compensation etc can not serve as the basis for a lighter.
Lee: compensation is a civil solution, which is essentially concerned with the sentencing no relevance, but in judicial practice,spaccio woolrich, cases that do not belong to a vicious criminal defendant's sentencing, whether it can be combined with an active compensation of victims As a discretionary sentencing plot, but it is not inevitable.
"'Proactive compensation' is non-existent."
In a rented room in the village of Kunming old boat house, the reporter saw this petition are the families of the deceased Wang Jiafei siblings (Figure). CHEN Li Jin said the mother of the deceased, she and her husband from Zhaotong City to Kunming more than a month, during which constantly check to Yunnan Province, the High Court of delivery of materials, the purpose is to let the murderer again commuted the death penalty. She said: "Let us go to the court's Procuratorate, the Yunnan Provincial High Court replied that in mid-July by the House leadership reception, so we've been here waiting."
Brother of the deceased, said  Yunnan Provincial High Court finds that mitigating circumstances not substantiated: Li Changkui before  Trustee to propose marriage, after being rejected always wanted revenge, obviously premeditated the crime; his "surrender" is issued by the public security organs After the warrant itself in around begging, the case was at a dead end May 20, 2009 was forced to surrender; he "pleaded guilty to repentance and good attitude" is to reduce the punishment; the court said the killer "active compensation" is non-existent, There parrot village and township government issued Maozu material as evidence.
Reporters saw this content with the official seal of the lid material: Li Changkui Li Shunxiang While acknowledging the man's father was killed by his son, but by the township and village level cadres repeatedly to do the work,Volts withered in, is to come up with all kinds of excuses not money to compensate. Village cadres had with township officials together, and ordered them to openly sold off steel, cement, bricks, sheep and other property, 21838.5 yuan was transferred to the victim's family. said: "It took more than 30,000 funeral expenses such compensation how active it is called.?!"
Xinhua News Agency / Figure