case, Li Changkui to Wang Jiafei pinch unconscious, rape,louboutin chaussures,载140人飞机降落时遇强风被吹歪(图), and then lift a hoe hit the head,国宝级砚台标价13.9亿元(图), caused his death. Then turn Wang Jiafei only 3-year-old brother mentioned it, and slam the door on the head, caused his death. After committing the crime,Mercurial Vapor Pas Cher, Li Changkui also got a rope, to the neck of Le Royal siblings together. Most of the families and friends that the present case is extremely cruel methods of crime, which shall be sentenced to death. Means of committing the crime of cruelty, whether the case should affect the sentencing?
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, his compensation is not appropriate in this case as the attitude of the sentencing discretion of the plot .
Lee: sentenced to the relevant provisions of this Law.
brutality of the impact of sentencing
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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 of reprieve on the grounds that they have voluntarily surrendered themselves, plead guilty, repent and good attitude, a positive compensation for the families of victims of economic loss. Newspaper on June 8, the first case was reported, the second trial for revision caused great controversy, users believe that the case of commuted sentence too light. For questions, yesterday, the Yunnan Provincial Higher People's Court vice president, as a spokesman Tian said: authorities have issued a nationwide arrest warrant, the authority of the law and their own criminal facts, 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. Family members that the accused fled after committing the crime, not a surrender, but also no positive compensation.
Gao Wei: If the families of alleged victims is true, the defendant's hard to say there is an active compensation case.
Gao Wei: This issue involves the necessity and legitimacy of the death penalty issue,chaussures louboutin, also related to anger and conflict between the judicial independence of the judiciary. The case appears to be the standard discussion of the death penalty, judicial independence is the public anger and controversy over the trial of the differences, but essentially the community's call for judicial decisions and legal reasoning fully equal application of the desire, but also the prestige of the judiciary and justice remodeling in response to urgent needs.
Gao Wei, Yunnan University,男子酒后呕吐头被垃圾桶卡住, Associate Professor of Law: From the facts of this case point of view, the behavior of Li Changkui surrender should be part of criminal law, but surrendered 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 controversial, is that two levels of courts did not have voluntarily surrendered themselves to the circumstances in which offenders can be lighter or mitigated punishment careful reasoning, but in a normal declaration of the conclusion, the lack of narrative theory, the conclusion itself is likely to cause controversy.
Huang Jianjun: If the suspect committing the crime with particular cruelty, subjective malignant deep, great harm to society,louboutin, then surrendered, compensation etc can not serve as the basis for a lighter.
before Judge Lee: surrender is not equal to serious, the defendant subjective malignant deep, Dangerousness large,moncler sito ufficiale, or is to circumvent the law before the crime, to escape punishment while preparing surrender, meritorious service,Chaussures de football, and can not be lenient punishment.
Lee: compensation is a civil solution, with the sentencing essence there is no correlation, but in judicial practice, the case is not a vicious criminal defendant's sentencing is can be combined with active compensation for the victims of whether the sentencing discretion of a plot, but not necessarily.
surrendered and compensation for impact on how much sentencing
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.
Gao Wei: cruel methods is a discretionary sentencing, within the range of punishment to determine the specific penalties, with some reference value. In against the object, behavior quite the case, different means of cruelty, for the defendant's degree of dangerousness and anti-social tips reveal an important role, so you can put the means of cruel punishment or as a reference.
Huang Jianjun: so-called positive compensation to victims should be proactive, timely and full compensation. That crime occurred, the defendant take the initiative to compensate the families of the victims, and compensation programs in accordance with the law and the amount of full compensation. The present case, the crime occurred, Li Changkui fled the scene, repeated intervention in local government through the sale of the property was able to partially pay for the victim's loss is clearly not a positive compensation. Second instance court commuted this as an important basis for my opinion,mercurial vapor, the lack of factual basis and legal basis.
to masons: the deserved compensation and the situation is totally different. Second instance the principle of revision, I think we must adhere to the
users can mason: is not a 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 turned himself in, but why the law to sentence him to death, I think the bottom line this is a legal question. For the vile murder and the death of the criminals, if he die, how to ensure the dignity of the law? The case reports from the current point of view,moncler, I consider the suspect's behavior is very bad.
families that Li Changkui fled after committing the crime, public security authorities issued an arrest warrant in the country after the law authority and their own criminal facts, the way it is desperate to flee before they choose to surrender the public security organs in 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 commuted to this as an important basis for reprieve. This The case of
According to regulations,Ralph Lauren Polo, means the voluntary surrender of criminal suspects or the fact that the judiciary has not been found, or been found though, but the suspect has not been questioned, when enforcement measures are not taken 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.
is considered The family claimed that the case occurred, Li Changkui family did not actively compensate, they now do not get a penny of compensation, $ 20,000 funeral expenses, but also the local government forced Li Changkui home part of the property sold on that. This situation is considered Second instance this as an important basis for the revision is one, is lawful, reasonable?
Xinhua News Agency text /
Since then, As of yesterday evening,polo ralph lauren, a website,
6 15, the families in the authorities attention to this case, two days later, families of the victims also assured the Yunnan Provincial Higher People's Court sent to reflect the material; Li Changkui China Gateway Note again the case reported on the same day, People, Xinhua and other major sites spontaneously reported case in the home; July 4, the case raises dozens of Xinhua News Agency and other national media attention reported.
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.
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 cases and sentencing will play what role?
surrendered will surely be a lenient sentence it
Following week, the families of the victims continue to post online, demanded stern punishment for the murderer, causing many users thread, friends and families of the victims will have much national attention, .
Lawyer Yunnan Tao Huang Jianjun: I think that should not be commuted. According to Article 67 of the Criminal Code provide for the surrender of criminals,老汉捆绑手脚横渡湖泊 用胡子拉动10多吨重船只, can be lighter or mitigated punishment, where the requirement is Surrender surrendered the initiative should also be considered, confession of timeliness and stability. Case, although 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, and not enough time, should be sentenced to death.
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 turned himself in, a life insurance compensation and other reasons, the bottom line is a violation of the law.
roundtable discussion
field vice president stressed that if the High Court in this case on the wrong, it must change,polo ralph lauren pas cher, mistakes must be corrected; but if after review, the conclusion is right, please the majority of Internet users and the families of the victims to obey the court's verdict. Tian said the vice president finally, today and tomorrow, the High Court on the findings and treatment options will through the media to the public.
Wang Jiafei propose marriage, has always wanted revenge after being rejected, apparently premeditated crime; he He