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□ reporter Han Jingwei correspondent Feng Haiming
Mothers against because love was his girlfriend, a young grudge, buy weapons and sleeping pills, his girlfriend about to the hotel, will be fascinated to kill his girlfriend ...... defendant Meng intentional homicide prosecution. October 14 afternoon, Zhengzhou City Intermediate People's Court Meng lighter sentence to death, suspended for two years.
Meng reason was a lenient sentence, and the Zhengzhou Intermediate People's Court's new criminal settlement system related. Meng's case became the first province because of manslaughter criminal reconciliation system is lenient sentence case.
After the trial, Zhengzhou Intermediate People's Court to the media, the court has taken the lead in Zhengzhou Criminal Reconciliation in the province. In the future, the parties settled or criminal case to mediation, as long as the victim and the offender reached a settlement agreement, the judiciary which will be reduced or exempted from punishment.
Love is not to kill his girlfriend
23-year-old Meng has been that, according to his crimes, he was dead.
Meng, who lives in Zhongmou County, 000 Beach Township, Yongding village. Because the family was poor, he was in July 2008, Zhengzhou City, Garden Town Village Zhaolan a goose farm work,http://aquas-html.com, and met 18-year-old village girl spearmint. In pursuit Meng Wei, the two began exchanges. The Orchid family because his daughter was too young to consider everything possible to prevent the two fall in love, and warned not to dwell Meng Orchid. Meng is very much angry.
November 24, 2008, the premeditation, Meng on the way back from the Zhengzhou Zhongmou County, buy a fruit knife,http://www.alpha-sd.co.jp/bbs/light.cgi, bought a six sleeping pills. 9 pm that night, Meng about victims spearmint and spearmint Miss Yang friends go out to dinner together. After Meng Huang Temple Zhengzhou Jinshui Village in a guesthouse booked a room, and then three people to a nearby Internet access.
11 o'clock that night, Meng, spearmint two returned to the hotel room. Meng secretly put the sleeping pills within green tea, spearmint cheat drink. The next day at 1 pm, while Meng Orchid sleeping machine, holding a fruit knife and shoved cut Orchid neck, causing his death. Orchid's girlfriend Miss Yang Orchid unsuccessful in a number of contacts, the 25th to the hotel to understand the situation, but the door locked. Soon, Meng opened the door for help, spearmint has been killed.
Department of Public Prosecutions eventually prosecuted Meng manslaughter criminal responsibility. According to Meng confessed, he would kill Orchid attempted suicide, in the case of attempted suicide, the initiative to open the door. The defender believes that Meng's behavior has voluntarily surrendered themselves. However, the court believes that its behavior is to survive self-help, not surrendered.
Criminal Reconciliation of First Instance reprieve
In the course of a hearing, relatives of the victims to pursue Meng addition to the requirements of criminal responsibility, but also the defendant in civil damages its cost 230,000 yuan.
The judge said the defendant at home was poor, but the victim's home in relatively good economic conditions. According to past experience, this situation is difficult to reach a settlement. Relatives of the victims also insisted that the court initially sentenced Meng death. After the efforts of judges and prosecutors, Meng's father finally reached a civil compensation agreement with the plaintiff, Meng family a total of 90,000 yuan compensation for relatives of the victims. Relatives of the victims the application is withdrawn with a civil and a request for Meng sentences.
This result is in line with the policy of reconciliation Zhengzhou Intermediate People's Court of Criminal new. Court under this policy, the final judgment of first instance. The court held that the defendant guilty of intentional homicide Meng facts are clear, the evidence is reliable and sufficient, convicted.
In accordance with the law, guilty of intentional homicide, should be sentenced within the "death penalty, life imprisonment or imprisonment for more than a decade," the magnitude of legal punishment. Defendant Meng cruel means, serious consequences, should be severely punished according to law,http://www.hanazonohifuku.com, but in view of the case-based crime caused emotional entanglements, the initiative on behalf of the relatives of the defendant Meng compensation incidental civil plaintiff's economic loss, the plaintiff has been understanding and request the defendant be given a lighter punishment, his death sentence may be implemented immediately. Zhengzhou Intermediate People's Court of First Instance sentenced Meng to death, suspended for two years decided to implement.
Felony reconciliation as the province's first
4 o'clock yesterday afternoon, the case after the verdict,tiffany milano, Zhengzhou City Intermediate People's Court to inform the media scene: Meng's case is the first province due to intentional homicide,http://longbai.info/longbai_info/bbs/forum.php?mod=viewthread&tid=12553159, criminal reconciliation system has been the case in mitigation. Previously, criminal reconciliation measures have tried to use the courts in the city of Zhengzhou, but the trial is limited to cases of minor criminal cases.
For various reasons, the defendant and the relatives of the victims are reluctant to come forward, but entrust their attorney to face the media.
According to their lawyers said the case involved both families to bring great harm. Mother was the victim pain of losing his daughter fell ill, has not yet fully recovered. Relatives of the victims were going to be held in the most severe punishment the criminal responsibility of the other party, after the defendant at the request of their parents, with courts and prosecutors have done a lot of ideological work, they finally agreed to accept mediation.
The family accused on poverty, according to the plaintiff first request for compensation, they could get it out anyway. To raise 90,000 yuan of money, the defendant relatives Yiba all the family to sell the whole thing to sell, all the relatives and friends can borrow the full borrowed over and over.
Rules to follow in the promotion
It is understood that the Zhengzhou Intermediate People's Court on August 26 this year, has been in the province issued a "criminal settlement, with the opinions of Civil Procedure mediation work." According to the opinion, in the future the city's courts in criminal cases, according to temper justice with mercy in the criminal justice policy, or the parties to the settlement of a criminal case to mediation, as long as the victim and the offender reached a settlement agreement, the judiciary which will be reduced or exempted from punishment and finally in cases reach satisfactory defendant, the victim does not appeal, the legal effect of Procuratorate without protest.
Zhengzhou Intermediate People's Court Criminal Tribunal Liu Wenlin said: reconciliation, is in the process of running the criminal proceedings, after the defendant pleaded guilty, compensation, apology, etc., to reach an understanding with the victim,scarpe louboutin, the court pursuant to the law of the defendant leniently A case of punishment or be exempted from punishment approach. Reconciliation,tn pas chere, fully embodies the harmony of justice,hogan sito ufficiale, compensation for economic losses both victims, but also conducive to the defendant's education, persuasion and rescue, have to resolve disputes, to promote good social harmony, in line with the essence and spirit of the law enforcement.
Zhengzhou Intermediate People's Court issued this opinion, the application of criminal reconciliation cases are: minor criminal cases; negligence causing serious injury, wrongful death, Traffic Accident incidental civil action and criminal cases and the like.
Criminal reconciliation, incidental civil mediation case must meet the following conditions: first offense, Oufan, delinquents, coerced offender; has suspended attempted surrender,chaussures louboutin pas cher, meritorious service and other statutory lighter, reduce or waive penalties and other circumstances; the defendant pleads guilty, repentance, with helpers, discipline conditions, by admonishing, discipline can achieve the purpose of rehabilitation and crime prevention; minors or students as well as 65 years of age or older suspect cases, blind deaf, serious diseases or pregnancy,http://www.yibin58.com/home.php?mod=spacecp&ac=blog&blogid=, breastfeeding babies under one year old woman suspected criminal and other cases.
Endangering national and public security, job-related crimes, cruel means, bad social impact, involving the evil forces, incitement to murder and other serious injury cases, does not apply in criminal settlement or mediation.
Operation Sunshine anti miscarriage of justice
Interview scene, the media suggested that the criminal settlement would not be "Compounding"? It will disguise "money penalty"?
In this regard, Zhengzhou City Intermediate People's Court of party members, the vice president Li Yujie emphasize, first, the criminal reconciliation in fact can not be called "compounding," because it's the initiative still rests in the judiciary. The most crucial point is whether the settlement system startup,http://www.loveziyan.com/forum.php?mod=viewthread&tid=1493294, it depends on the judiciary, it does not depend on the individual.
Zhengzhou Intermediate People's Court in the introduction of the relevant observations, with specific emphasis on the settlement of criminal cases, with the principles of civil procedure to be followed mediation, namely consensual, according to the law, timely have degrees, while prohibiting coercion to induce the parties to accept the settlement, the mediation agreement. Pay attention to the wishes of the victim, safeguard the interests of victims, criminal settlement system is the starting point, but also its biggest highlight. Criminal reconciliation program, the basic facts of the case must be clear; the offender pleaded guilty to repentance; the parties voluntary settlement.
About "money" punishment issue,https://fis.encs.concordia.ca/helpdesk-cgi/quota.cgi, the Zhengzhou Intermediate People's Court issued a special opinion,http://xtxybbs.com/home.php?mod=spacecp&ac=blog&blogid=, is to let the grass court know which cases can a settlement, by what kind of program to reconciliation, through what kind of oversight procedures to ensure the criminal settlement not perish for the "money punishment" bad system.
The media pointed out: media previously reported settlement of criminal cases are minor criminal cases, and the Zhengzhou Intermediate People's Court why felons into the scope of a criminal settlement?
In this regard, Li Yujie introduction, in November 2006, the supreme law of the comments made: the death penalty for the principle that the punishment of crime and the protection of human rights combined; retention of the death penalty, but strictly controlling and cautiously apply the death penalty; adhere to the criminal policy of combining punishment with leniency. "Opinions" that: "Our country is not yet abolished the death penalty, but it should gradually reduce apply all can kill time to kill, are not to kill." And Meng's case meets the highest law "temper justice with mercy," "kill fewer, kill carefully "principle, in the case of relatives of victims to obtain the understanding of the current sentencing is appropriate.
For this case, Yan Bin, director of Henan statement Eastern Law Firm that the case was due to emotional conflicts caused by intentional murder, the judge actively guide the victim and the defendant party reconciliation in the trial, the two sides reached a settlement agreement on civil compensation , not only the interests of the parties to get the attention of the victim, the defendant sentenced accordingly also relatively light punishment, and achieved good results.
As the "Sharenchangming" and other concepts have a deep impact on the population, the criminal settlement in the case of the use of the death penalty there is a certain controversy in practice. Criminal Reconciliation in death penalty cases in a specific range of application, in addition to the parties to reach to resolve conflicts, reduce social antithesis to maintain social harmony and stability, another important value is to gradually expand the traditional concept of the people on death penalty cases for non- acceptance of the death penalty process, and "retain the death penalty, the death penalty applies strict control" goal.
In reality, in the relevant practice, the phenomenon Yifadaixing, judicial bribery is not uncommon, how to avoid criminal settlement reduced to the "criminal money" or "money-for-life"? Therefore, it is necessary to refine, feasible, fair and transparent system to dispel people's concerns, so to win the trust of the justice system, and to regulate and promote.
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發表於 2015-7-12 08:18:37
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