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Xinhua Xi'an April 22 (Xinhua Shi Jing M, Cui fresh) 22 am, Xi'an, Shaanxi Province, Xi'an Intermediate People's Court School of Music junior family medicine Xin intentional homicide case at a public sentencing First Instance sentenced the defendant of intentional murder and drug house Xin death, deprived of political rights for life. After sentencing,[link widoczny dla zalogowanych], the reporter interviewed one of Xi'an Intermediate People's Court Criminal Court judge handling the case. Video: medicine Xin butt stabbed home the wounded was sentenced to death Source: CCTV News Channel
Reporter: March 23 home Xin intentional murder drug trial, the drug house counsel Xin proposed drug Xin butt home after the killings is the passion to kill. May I ask, how to identify this problem?
Judge: Passion killing generally refers to the improper words and deeds of the victims of the anger caused by the defendant killed the victim while the implementation of the act. Home drug case defendant to the victim crashed Xin Zhang in the Miao, the result of fear Chang Miao remember its license plate number, in order to avoid legal liability and the implementation of murdered behavior. Zhang Miao in this case the victim is completely innocent, until they are killed from being hit, without any improper words and deeds. Xin drug house does not belong to the intentional killing passion killing.
Reporter: Xin defender home made drugs, medicine, Department of family first offense Xin, Oufan, and suggested that its light punishment, which the defense establishment it?
judges: first offense, Oufan is the discretion of the lighter punishment, should be based on the facts of crime, crime,[link widoczny dla zalogowanych], nature, circumstances and consequences of social harm into account, the judicial practice generally apply only to juvenile delinquency and less serious crimes. Intentional killing of such a serious criminal offense, especially the case so bad, cruel crimes of intentional homicide, apparently can not be first-time offenders, Oufan ground sentences.
Reporter: victims held that the initial drug house Xin asked the police, denied murder facts drug Xin parents to accompany children home surrendered shall not constitute an act of surrender, the first instance is how to judge the behavior?
Judge: Criminal Law first paragraph of Article Sixty-seventh, surrendered after the crime, a true account of his crime, is surrender. Voluntary surrender, is the facts of the crime or the suspect is not judicial notice, or, having been found, but the suspect has not been questioned, not to take coercive measures, the initiative directly to the public security organ, the People's Procuratorate or the People's Court, surrendered . With the case, the defendant killed Zhang Xin Miao medicine home after fleeing the scene on the way in turn hit two pedestrians, public security organs in dealing with the injured pedestrian traffic during the two, although the impact, were less seriously injured two pedestrians The drugs are driving family sedan car damage Xin greater doubt, as a general suspicion of drug Xin family was questioned, but did not identify drugs of deliberate homicide suspects. Since then, the public security organs have been asked to find their victims Chang Miao, Department of victims whether it is the case, family medicine Xin also denied. Later, the drugs are not taken home Xin in the case of any compulsory measures, the fourth day after committing the crime, accompanied by his parents, surrendered to the public security organs, and a true account of the facts of the crime, his behavior constituted with the surrender of the statutory elements of the law should be identified as surrender.
Reporter: criminal defendant to have voluntarily surrendered themselves to the punishment is prescribed?
Judge: My first paragraph of Article Sixty-seventh Criminal Law also provides for the surrender of criminals, can be given a lighter or mitigated punishment. Among them, the crimes are relatively minor and can be exempted from punishment. Is lighter, reducing, eliminating the punishment can not be generalized. Supreme Court 8 February 2010 to develop a large, or the malicious use of sanctions other than surrender to circumvent the law, shall generally lenient punishment. In other words, to have voluntarily surrendered themselves to the defendant should generally be lenient punishment, but there are two exceptions, even if they voluntarily surrendered themselves can not be lenient punishment: first, most heinous, vicious deep subjective, Dangerousness great; second, malicious use of the voluntary surrender to avoid legal sanctions. In summary, the surrender penalty is the law may be given the circumstances, but not be (or must) be given a lighter punishment of the plot, is a lighter punishment, should be based on the facts of crime, crime, nature, circumstances and consequences of comprehensive social harm consideration.
Reporter: Since family medicine Xin has voluntarily surrendered themselves, why should the death penalty?
Judge: This is a combination of intentional murder of drug house Xin comprehensive evaluation of the specific facts of the case. Throughout the case, drugs drove home Xin Zhang Miao injured victims, not only did not rescue, but for fear of their license plate number and remember the victims murdered, most despicable criminal motives, subjective malignant deep; accused drug house Xin holding a knife in the victim chest, back and other parts of Lian Tong number of knife, causing the victim died at the scene of crime with particular cruelty, the circumstances are especially bad, crime is extremely serious; accused drug house only because of the general traffic Xin to kill the witness, social extremely hazardous, and are
Reporter: Does the case of drug Xin Chao Shenxian home?
judges: one hundred and sixty eighth of the Criminal Procedure Law stipulates that the People's Court case of public prosecution, should be accepted within one month after the verdict, no later than one and a half. One hundred and sixty of the Act XXV, paragraph (b) provides, in a court trial, prosecutors to prosecute cases that require additional investigation, it may propose an extension trial. Supreme People's Court Supreme (2000) 29 Hospital on January 12, 2011 accepted the case, because the case is a criminal with civil cases, according to the above provisions, approved by the president of the court, the case trial periods extended for two months, and in the course of a hearing, the prosecution has proposed extension trial, the supplementary investigation, therefore, as of the date of sentencing, the case did not exceed the statutory trial periods. (Editor: SN013)