2014年4月20日星期日

Nanjing wealthy murder case analysis of the verdict the trial judge

BEIJING, April 18 Nanjing Electric (Tian Wen Zhaoxing Wu Dengguang Yang) the evening of April 24 last year, when 23-year-old 吉星鹏 with friends drinking, heard his wife was having an affair with others; 6 o'clock the next morning, drunken dispute with his wife back home, he happened to choppers, fruit knifed hit, stabbed his wife dozens under, causing his wife died on the spot. 18 afternoon, the Nanjing Intermediate People's Court of intentional murder, sentenced Jixing Peng to death, suspended for two years deprivation of political rights for life, and its limitations sentence.

Court found: May 8, 2012, the Cheap Orlando Pirates Jerseys defendant and the victim small Jixing Peng Qi (female, who died 22 years) registration of marriage. Married three months, Jixing Peng suspected his wife was having an affair with others, both contradictory and several dispute. The evening of 24 April 2013, when drinking with friends, Jixing Peng Qi heard a friend about small things with others having an affair. 6 o'clock the next morning, Ji Xingpeng drink at home, listening to friends said that on the matter of a dispute with his wife drinking during the dispute 吉星鹏 has chopper, fruit knife to his wife of the head, chest and back, limbs, etc. parts of the slash and stabbed dozens under, causing his wife died on the spot. During Jixing Peng attack, his father call 110 phone alarm, after police arrested him at his residence and brought to the police investigation.

court held that the defendant Jixing Peng's behavior constituted intentional homicide; their father alarm, go out for help after his mother, though has been left at the scene, but knowing that it was the police continued to attack, but not to give up crime and prevent harmful consequences willingness to expand, does not meet the substantive requirements surrendered the initiative and voluntary, the Court does not adopt "the defendant Department of surrender," a defense and defend opinions.

Court also held that the defendant Jixing Peng only due to listen to rumors and suspected his wife of infidelity, holding a kitchen knife, cut fruit knifed, stabbed his wife to death under dozens of crime is Cheap Liverpool Jerseys extremely serious, deserved the death penalty, but in view of the case series marriage and family disputes caused by the crime, combined with the specific circumstances of the case may not be sentenced to death immediately. However, the defendant Jixing Peng intentional homicide with particular cruelty, and did not get the understanding of victims relatives, so it is necessary to limit the sentence.

To this end, the Nanjing Intermediate People's Court made the previous verdict.

presiding judge Huang Xia said in an interview analyzed verdict: commutation of sentence reprieve limit at least 22 years. Cheap Kids Club Soccer Socks Huang Xia introduced Cheap Mexico America Team Jerseys commutation limit is 2011 Criminal Law Amendment (eight) new content, specific content placed in the second paragraph of Article 50 of the Penal Code.

Under the terms of the restrictions applicable to the main commutation three categories: First, was sentenced to death with reprieve of recidivism; second is due to intentional homicide, rape, robbery, kidnapping, arson, explosions, dangerous substances put criminals were sentenced to death; three the implementation of organized violent crime criminals were sentenced to death with reprieve.

reprieve restrictions specific to the implementation of the commutation, the Criminal Law Amendment (eight) in the second paragraph of Article 78 of the Penal Code specifically added a: "People's Court in accordance with Article 50 of the commutation limit second paragraph The execution of death row criminals, suspended after the expiration of the law reduced to life imprisonment, and not less than twenty-five years, suspended after the expiration minus twenty-five years in prison according to the law, and not less than two years . "This provision described criminals still commutation commutation limit, but to ensure that the minimum terms of imprisonment.

accordingly, was sentenced to death with reprieve commutation limit, after the entry into force of the decision to be served at least two years, and before the commencement of detention can not be set off against the judgment of sentence.

course, offenders can be commuted on the premise that in a two-year reprieve during the test shall not intentional crime; otherwise, will be reported to the Supreme Court Cheap Red Bull Jerseys approved the death penalty. (End)

(Original title: Nanjing "rich second generation Murder" case, ruling the trial judge analyzed the verdict)

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