High Court: 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 they have voluntarily surrendered themselves, confession, repentance and good attitude, and actively compensate the families of victims of economic loss. Newspaper on June 8, the first case was reported, the second trial caused great controversy for revision, users believe that the case of commuted sentence was too light. For questions, yesterday, Vice President of Higher People's Court of Yunnan Province, Tian as a spokesman, said: authority has issued a national arrest warrant, the legal authority and facts in front of their crime, Li Changkui before choosing to surrender. is a passive surrender, non-active surrender. , to reprieve the death penalty for the second trial practice, family members said it could not accept. Families that the accused fled after committing the crime, not a surrender, but also no positive compensation.
A week later, the families of victims continue to post online, demanded stern punishment for the murderer paul smith credit card wallet, causing many users thread, friends and families of the victims will have much national attention, .
6 15, the families in the authorities concerned about the case two days later, families of the victims in Yunnan Province Higher People's Court of the ED also sent to reflect the material; Li Changkui China Gateway Note again the case reported on the same day, People, Xinhua and other major sites invariably the case reported in the home; July 4, the case raises dozens of Xinhua News Agency and other national media attention been reported.
Since then, As of yesterday evening, a website
yesterday, vice president of Yunnan Province, a high field as a spokesman in an interview with reporters that, thanks to the general public and users of the turning a blind eye, the case has attracted great attention the hospital, the current Court is studying ways to deal. Tian, vice president, said the concern of the general public only under the administration of justice can be more fair, and now the case the first trial, second trial procedures have been completed, whether the original sentence, then how to change? Trial is very professional, the court must strictly follow the procedures to do.
field vice president stressed that if the High Court in this case on the wrong, it must change, mistakes must be corrected; but if after review, the conclusion is right, but also please the majority of Internet users and families of the victims to obey the court's verdict. Finally, field vice president said, today and tomorrow, the High Court on the findings and treatment options will through the media to the public.
roundtable discussion
surrender you will certainly be a lenient sentence
families that Li Changkui fled after committing the crime, the public security organs across the country issued an arrest warrant, in law authority and their own criminal facts, the way it is desperate to flee before they choose to surrender the public security organs of Sichuan. Court of First Instance that, although voluntarily surrendered themselves, but not according to a lighter punishment. Court of second instance is identified voluntarily surrendered themselves, and this as an important basis for commuted reprieve. This The case of
users can mason: is not a surrender, which requires the courts and lawyers to debate. In my opinion, the law should let people know what is the bottom line. Xin drug house has turned himself in, but why the law sentenced him to death, I think the bottom line this is a legal question. For the vile murder and the death of criminals, if he die, how to ensure the dignity of the law? This case report from the current point of view, I consider the suspect's behavior is very bad.
Gao Wei, Yunnan University, Associate Professor of Law: From the facts of the case point of view, Li Changkui criminal behavior should be part of the surrender, but surrender is just a way to mitigating or extenuating circumstances, must not light or mitigating circumstances. The reason why the case can be lighter in the surrender on the issue whether the controversy lies in the two court did not have voluntarily surrendered themselves to the circumstances under which offenders can be lighter or mitigated punishment careful reasoning, but in a usual declaration of conclusion, the lack of narrative theory, the conclusion itself is likely to cause controversy.
Yunnan Lawyer Huang Jianjun Tao: I think that should not be commuted. According to Article 67 of the Criminal Code provide for the surrender of criminals may be lighter or mitigated punishment, where the requirement is Surrender surrendered the initiative should also be considered, the timeliness of confession and stability. Case, although the Li Changkui have voluntarily surrendered themselves, but the crime with particular cruelty, great harm to society, and fled the scene after committing the crime, four days after the surrender, the surrender is not active, it is not enough time, should be sentenced to death.
Under the regulations, refers to the voluntary surrender of criminal suspects or the fact that the judiciary has not been found, or, although to be found, but the suspect has not yet been questioned, not to take enforcement measures voluntarily surrender. Under the regulations, were forced to surrender should be identified as surrender. But in this case, according to Li Changkui the crime, consequences and should not be lenient punishment.
before Judge Lee: surrender is not equal to serious, the defendant subjective malignant deep, Dangerousness large, or before the crime is to circumvent the law, to avoid penalties and prepared to surrender, meritorious, it may not be lenient punishment.
is considered The family claimed that the case occurred, Li Changkui home and did not actively compensate, they now do not get a penny of compensation herve leger skirt, $ 20,000 funeral expenses, but also the local government forced Li Changkui family come part of the property sold. This situation is considered Second instance this as an important basis for revision, is legitimate and reasonable?
Gao Wei: If the families of the victims referred to the case, the defendant's hard to say there is an active compensation case.
to mason: the deserved compensation and love are two different things. Second instance the principle of revision, I think we must adhere to the
Huang Jianjun: the so-called active compensation, the victim should be proactive, timely and full compensation. That criminal acts occurred, the defendant take the initiative to compensate families of the victims, and compensation in accordance with the law and the amount of full compensation for the project. The present case, the crime occurred, Li Changkui fled the scene, many of the local government intervention was able to part by the sale of property to pay the victim's loss, is clearly not a positive compensation. Second instance court commuted this as an important basis for my opinion, the lack of factual basis and legal basis.
Lee: According to the expression host, the case should not be considered a positive compensation, and Li Changkui fact simply do not have any ability to provide compensation, compensation for his attitude is not appropriate in this case, as the sentencing discretion of the plot .
means cruel impact of sentencing
case, Lichang Kui Wang Jiafei pinch the unconscious, rape cheap herve leger dresses, and then lift a hoe hit his head, caused his death. Then turn Wang Jiafei only lift 3-year-old brother will slam the door on the head, caused his death. After committing the crime, Li Changkui also got a rope, the neck of the Le Royal siblings together. Most of the families and friends that the present case means extremely cruel crime, which shall be sentenced to death. Means of committing the crime of cruelty, whether the case should affect sentencing?
Gao Wei: brutality is a discretionary sentencing, within the range of punishment to determine the specific penalties, with some reference value. In against objects, behave quite the case, different means of cruelty, for the defendant's degree of dangerousness and anti-social reveal important tips and, accordingly, can be cruel means of punishment or as a reference.
to mason: I think the brutality of the offense severity is an important factor. Suspect so brutally deprived of two lives, if the court does not consider that it is difficult convincing.
Huang Jianjun: case, Li Changkui particularly bad criminal means, and also constitute the crime of rape with homicide, should Li Changkui graft. Li Changkui cruel methods of crime, should be at the sentencing as a sentencing consideration.
Lee: sentenced to the relevant provisions of this Act.
surrendered and compensation effects of sentencing much
bad influence on many major criminal cases, some defendants have since surrendered, compensation and successful life insurance and other reasons. So, surrender, compensation for the case sentencing will play what role?
Gao Wei: This issue involves the necessity and legitimacy of the death penalty issue, also related to anger and conflict between the judicial independence of the judiciary. The case appears to be the standard of discussion on the death penalty, judicial independence is the public anger and controversy over the trial of the differences, but in essence, full of social reasoning for the call of judicial decisions and laws apply equally to desire, but also the prestige of the judiciary and justice remodeling in response to urgent needs.
to mason: In my opinion, money is money, life is life. Loss of available money to lose, life should Yongming to arrive. Because the suspect surrendered life insurance compensation and other reasons, that is the bottom line for law violations.
Huang Jianjun: If the suspect committing the crime with particular cruelty, subjective vicious deep, great harm to society, then surrendered, etc can not serve as compensation for a lighter basis.
Lee: compensation is a civil solution, with the sentencing essence there is no correlation, but in judicial practice, for the case is not a vicious criminal defendant's sentence is whether they can be combined with an active compensation for the victims of the plot as a sentencing discretion, but not necessarily.
family members (above). The deceased's mother CHEN Li Kim said she and her husband from Zhaotong City to Kunming than a month, during which constantly check to Yunnan Province, handing delivery of materials, the purpose is to make the murderer re commuted the death penalty. She said: High Court finds that the mitigating circumstances are not established: Lichang Kui Wang Jiafei propose marriage to the former trustee, has always wanted revenge after being rejected, apparently premeditated crime; he The circumstances in May 20, 2009 was forced to surrender; he materials issued by the township government as evidence.
Reporters have the official seal of the lid to see such material content: Li Changkui father Li Shunxiang while recognizing his son who was killed, but the township and village-level cadres, many times to do work, is to a variety of excuses not to come up with money damages. With the village cadres, village cadres had together, and ordered them to openly sold off steel, cement, bricks, sheep and other property, received 21,838.5 yuan transferred to the victim's family. Wangjia Chong said:
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