22 morning, shaanxi province in xian xian intermediate people's court music college student mbt sandals clearance medicine home xin intentional homicide case with a public trial verdict, home to the defendant medicine intentional homicide death penalty, deprived of political rights for the lifelong. After the sentencing, reporter interviewed xian the handling of the then torture a court judge.
Reporter: March 23 medicine home when the court session, intentional homicide of home defenders put forward the medicine, medicine home xin hit the behaviour is passion after the murder murder." Excuse me, how to recognize this problem?
Judge: passion kill general is because the victim is caused by improper behavior of the defendant kill the victim and the implementation of them behavior. This case the defendant medicine home xin is driving hit the victim zhang wonderful, fearing for zhang wonderful remember its plates for legal liability, and the implementation kill people kill behavior. The victim in this case is clever in zhang is completely innocent, from being knocked down until were killed, without any improper behavior. The murderer medicine home xin behavior does not belong to passion kill.
Reporter: medicine, the proposed home defenders the home is refused, the drug OuFan, and suggests MBT Maliza to its light punishment, the defense reason established?
Judge: young, OuFan is discretionary light punishment plot shall, according to the criminal facts, the nature of the crime, plot and social harmful consequences comprehensive consideration, judicial practice generally only applies to the minor crime and if the circumstances are relatively minor crime. For intentional homicide such a serious criminal crime, especially the case so bad, cruel murderer, obviously cannot crime by his convictions, OuFan light punishment.
Reporter: murder deem, medicine home in police initially asked the killer facts,MBT Sini medicine home denying the behavior of parents with the son shall not constitute a surrender surrenders, first is how to judge this behavior?
Judge: our country criminal law article 67 the provisions of the first paragraph, crime, and truthfully be automatic surrenders after statement his crime, is to surrender. Automatic surrendered, refers to facts of a crime or criminal suspects are not judicial authorities found, or it was found, but the criminal suspect has not been interrogated, is not compulsory measures are taken, active, direct to the public security organs, people's procuratorate or the people's court surrendered. Combined with the case, the defendant medicine home, after killing zhang wonderful way again will be away from the scene after two pedestrians, the public security organ in dealing with its bumps two pedestrians traffic accident process, although according to the injury knocked two pedestrians lighter and medicine home while CheSun larger cars the question, as a suspect in the home of the drug, but did not ask that medicine is deliberately homicide suspect. Since then, the public security organ for its asked the victim was murdered case of zhang wonderful whether his muscles, medicine home xin also denied. Later, medicine has not been taken home xin in any compulsory measures in the case, after the crime on the fourth day in parents escorted to the public security organ, and truthfully allege surrenders, and its behavior was criminal facts have surrendered legal constitutions, according to law shall be deemed to be surrendered.
Showing posts with label mbt sandals clearance. Show all posts
Showing posts with label mbt sandals clearance. Show all posts
Friday, April 29, 2011
the 2010 20 October night
One student after hit by college students how to punish fill homicide division
Case replay: the 2010 20 October night. Xian music college student medicine home xin drive bruises a 26-year-old woman. Fearing for his images are each other down, medicine toward each other home xin hold fruit knife knife, even tong 8 caused the death. A few days ago, medicine home is "afraid readme kill the rural people hit, especially tough".
Medicine home in xian intermediate court in xin trial drug when a case, the house on-site 500 bystander, each received a "bystander audit case sheet", questionnaires feedback the collegial panel members except trial, there are two problems: you think should impose on medicine home what the punishment? You to audit the concrete methods of court-trial case case and advice?
According to hospital a judge introduction, to audit opinions for sentencing citizens before it, mbt sandals clearance it so, only this time was the largest number issued a questionnaire.
However, the court to bystander the issuance of questionnaires, ask for sentencing opinions, victims' families don't know in advance. In through the media knows it, victims to attorney, zhang xian xian then puts forward in the case, and resolutely opposed " MBT Maliza questionnaire as sentencing reference".
Zhang xian says there are 500 people attended audit, but which 400 people are college students this particular group, and victims are farmers, farmers is very few people in audit, the villagers and the victim to just 25 who relatives. In addition, in the 400 college students participate in questionnaires where there is some medicine music college home xin xian, the students of the number of students than other students, does it make survey results serious partial to deliberately murderer medicine home xin?
Zhang xian think, polls must have certain representativeness and universality, and still need to attend personnel have the necessary legal procedures, personnel composition also want to have reasonable structure (workers, farmers and intellectualsMBT Sini and other social circles as a proportion of personnel), and the court upheld in practice is very hasty and irresponsible!
Reference "opinion" has a legal basis
Beijing chang law firm ZhaoSanPing standing deputy director of the criminal law lawyer analysis said. An important principle is "to adapt" crimes. In the present criminal law in the provisions for conviction. No can reference "opinion" to the provisions of the conviction.
So then practice. Xi 'an no legal basis. Also can not put survey as reference basis for sentencing.
And in no legal basis. To the result of the poll influence decision. Is a kind of malfeasance, at least not very serious, and against the law.
Case replay: the 2010 20 October night. Xian music college student medicine home xin drive bruises a 26-year-old woman. Fearing for his images are each other down, medicine toward each other home xin hold fruit knife knife, even tong 8 caused the death. A few days ago, medicine home is "afraid readme kill the rural people hit, especially tough".
Medicine home in xian intermediate court in xin trial drug when a case, the house on-site 500 bystander, each received a "bystander audit case sheet", questionnaires feedback the collegial panel members except trial, there are two problems: you think should impose on medicine home what the punishment? You to audit the concrete methods of court-trial case case and advice?
According to hospital a judge introduction, to audit opinions for sentencing citizens before it, mbt sandals clearance it so, only this time was the largest number issued a questionnaire.
However, the court to bystander the issuance of questionnaires, ask for sentencing opinions, victims' families don't know in advance. In through the media knows it, victims to attorney, zhang xian xian then puts forward in the case, and resolutely opposed " MBT Maliza questionnaire as sentencing reference".
Zhang xian says there are 500 people attended audit, but which 400 people are college students this particular group, and victims are farmers, farmers is very few people in audit, the villagers and the victim to just 25 who relatives. In addition, in the 400 college students participate in questionnaires where there is some medicine music college home xin xian, the students of the number of students than other students, does it make survey results serious partial to deliberately murderer medicine home xin?
Zhang xian think, polls must have certain representativeness and universality, and still need to attend personnel have the necessary legal procedures, personnel composition also want to have reasonable structure (workers, farmers and intellectualsMBT Sini and other social circles as a proportion of personnel), and the court upheld in practice is very hasty and irresponsible!
Reference "opinion" has a legal basis
Beijing chang law firm ZhaoSanPing standing deputy director of the criminal law lawyer analysis said. An important principle is "to adapt" crimes. In the present criminal law in the provisions for conviction. No can reference "opinion" to the provisions of the conviction.
So then practice. Xi 'an no legal basis. Also can not put survey as reference basis for sentencing.
And in no legal basis. To the result of the poll influence decision. Is a kind of malfeasance, at least not very serious, and against the law.
I hear medicine home xin was sentenced to eight years
Medicine home xin "was sentenced to eight years" is a sheer rumor
Medicine home a case of the sentencing problem, is always the focus of all parties. Since April 8, a "medicine home xin's case has ruled medicine home xin was sentenced to eight years" message in micro bo circulated widely on, many people feel very MBT Maliza accident. Net friend "JiangZiGang" says: "see lawyer blog hair" medicine home xin was sentenced to eight years "of news, shocked! Search many websites who are forwarding, for the truth." Subsequently, medicine home xin case in micro zhang xian plaintiffs' attorneys issued a statement, saying the bebop purely rumor, "news of the plot," who have ulterior motives.
ZhangXianWei bo response: many net friend asked me "I hear medicine home xin was sentenced to eight years". Now I solemnly told us: "this is rumor, ulterior motives plot, everyone who don't they when!" , so far, we haven't got any news, please rest assured that weMBT Sini have been without any wavered asked a court appeal to punish medicine home xin.
GaoXiaoSong profile:
Chinese famous musician, songwriter creator, graduated from tsinghua university, the electronic engineering 88 level of key figures in the campus folk songs in his creation, also extremely good business mind had founded the crop music, also is the largest domestic developing later record companies -- quite wheat fields. Now residing in the United States, in the movie and music in Los Angeles. And cultural exchanges in mbt sandals clearance the United States as sina.com chief representative. In recent years also served as each big draft game in judges.
Medicine home a case of the sentencing problem, is always the focus of all parties. Since April 8, a "medicine home xin's case has ruled medicine home xin was sentenced to eight years" message in micro bo circulated widely on, many people feel very MBT Maliza accident. Net friend "JiangZiGang" says: "see lawyer blog hair" medicine home xin was sentenced to eight years "of news, shocked! Search many websites who are forwarding, for the truth." Subsequently, medicine home xin case in micro zhang xian plaintiffs' attorneys issued a statement, saying the bebop purely rumor, "news of the plot," who have ulterior motives.
ZhangXianWei bo response: many net friend asked me "I hear medicine home xin was sentenced to eight years". Now I solemnly told us: "this is rumor, ulterior motives plot, everyone who don't they when!" , so far, we haven't got any news, please rest assured that weMBT Sini have been without any wavered asked a court appeal to punish medicine home xin.
GaoXiaoSong profile:
Chinese famous musician, songwriter creator, graduated from tsinghua university, the electronic engineering 88 level of key figures in the campus folk songs in his creation, also extremely good business mind had founded the crop music, also is the largest domestic developing later record companies -- quite wheat fields. Now residing in the United States, in the movie and music in Los Angeles. And cultural exchanges in mbt sandals clearance the United States as sina.com chief representative. In recent years also served as each big draft game in judges.
medicine home xin will be killed in the streets
The western nets dispatch (reporter SunHao) "medicine home xin will be killed in the streets, not dead clean will also be filling a few knife." "In view of xian music college student collective support medicine home xin, music will not accept their future." Recently, wide concern medicine home a case cause social the hot debate in the GaoXiaoSong, famous musician blog makes the discussion, micro drug home a case said, "the someone will punish" and said will "blocked" xian music college. Close a reporter to send report, holds the micro bo has been forwarding 3 million times more than 10,000, triggering comments.
GaoXiaoSong: someone will punish
October 20, 2010, xian music later college student medicine home xin drive bruises a 26 year old woman, fearing for his images are each other down, medicine toward each other home xin hold fruit knife knife (even after stab 8 6 knife) was identified as a medical examiner, caused the death, this case caused extensive attention of the whole society. Earlier reports in xian the medicine home music college "on the net force's talents", says the drug home "if I were him, I also tong", causing the users of collective denounce, then the school post it, claiming that school of medicine and no nets preach the LiYing talents "home".
Recently, the famous musicians in micro GaoXiaoSong blog released "malicious words:" my friend asked me how see medicine home? I said that even if the case he made it out alive, will also be killed in the streets, not dead clean will also be filling a few knife. Entire human history tells us: some are opting for the people's law-abiding, lawless punish people. As for anyone can YiShouZheTian dire. In addition, the music college students in xian collective support medicine home xin, future will not accept their music, life will love music indifferent?"
Everything about him is these days: the Internet and Internet network assists
GaoXiaoSong release after that users have micro bo gentie message, among them many netizens force of medicine GaoXiaoSong, support is home to impose harsh judgment in xin, netizens have objected, think big medicine home xin case belongs to the example of college students, most of the groups or ordinary and kind.
【 force pretty pie 】
How simple the south small: ruling, a murder weapon of college students, hand brutally killed innocent young mother, the death penalty immediately executed what good discussion? How is so complicated? This is the Internet and competition among MBT Maliza the behind-the-scenes networking!
The rain jia: support GaoXiaoSong, ignore life's people will love music?
Zhao xi jun righteousness: we cannot say to catch a xian music college students regard as bad guys playing, we cannot identify all is good is bad. But I'm sure that the school are afraid of responsibility, to preserve our sanity. Only in the gentleman will dare to MBT Sini uphold justice. Support GaoXiaoSong!
【 opposition 】
ChaoHuaXiShe: a mouse a pot of soup, if bad individual events that still is to say, the key now is a good music college students in xian "passion kill", a group of students support the absurdity of the ridiculous ways of killing plays, have to let people doubt whether accord with the education system school music concept, so love high teacher produce such ideas, not agree with, also can understand.
The bus 1803: music do you accept they don't what you say calculate? What call ignore life, don't support medicine home xin not sentenced to death's call ignore life, dare to ask your disregard the definition of life come from?
HuaMing: is some music college, but xian biased in the outside reputation, I think how several everybody's heart. mbt sandals clearance I believe most of the xian music school students are ordinary kind of college students.
GaoXiaoSong: someone will punish
October 20, 2010, xian music later college student medicine home xin drive bruises a 26 year old woman, fearing for his images are each other down, medicine toward each other home xin hold fruit knife knife (even after stab 8 6 knife) was identified as a medical examiner, caused the death, this case caused extensive attention of the whole society. Earlier reports in xian the medicine home music college "on the net force's talents", says the drug home "if I were him, I also tong", causing the users of collective denounce, then the school post it, claiming that school of medicine and no nets preach the LiYing talents "home".
Recently, the famous musicians in micro GaoXiaoSong blog released "malicious words:" my friend asked me how see medicine home? I said that even if the case he made it out alive, will also be killed in the streets, not dead clean will also be filling a few knife. Entire human history tells us: some are opting for the people's law-abiding, lawless punish people. As for anyone can YiShouZheTian dire. In addition, the music college students in xian collective support medicine home xin, future will not accept their music, life will love music indifferent?"
Everything about him is these days: the Internet and Internet network assists
GaoXiaoSong release after that users have micro bo gentie message, among them many netizens force of medicine GaoXiaoSong, support is home to impose harsh judgment in xin, netizens have objected, think big medicine home xin case belongs to the example of college students, most of the groups or ordinary and kind.
【 force pretty pie 】
How simple the south small: ruling, a murder weapon of college students, hand brutally killed innocent young mother, the death penalty immediately executed what good discussion? How is so complicated? This is the Internet and competition among MBT Maliza the behind-the-scenes networking!
The rain jia: support GaoXiaoSong, ignore life's people will love music?
Zhao xi jun righteousness: we cannot say to catch a xian music college students regard as bad guys playing, we cannot identify all is good is bad. But I'm sure that the school are afraid of responsibility, to preserve our sanity. Only in the gentleman will dare to MBT Sini uphold justice. Support GaoXiaoSong!
【 opposition 】
ChaoHuaXiShe: a mouse a pot of soup, if bad individual events that still is to say, the key now is a good music college students in xian "passion kill", a group of students support the absurdity of the ridiculous ways of killing plays, have to let people doubt whether accord with the education system school music concept, so love high teacher produce such ideas, not agree with, also can understand.
The bus 1803: music do you accept they don't what you say calculate? What call ignore life, don't support medicine home xin not sentenced to death's call ignore life, dare to ask your disregard the definition of life come from?
HuaMing: is some music college, but xian biased in the outside reputation, I think how several everybody's heart. mbt sandals clearance I believe most of the xian music school students are ordinary kind of college students.
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