Lawyer

Chapter 606 Boss Wu
"Don't you also think that defendant Yang Rongwei's criminal methods are cruel, the circumstances are bad, and the consequences are serious? Why should the death penalty be applied instead of the death penalty and be executed immediately?
Is the sentencing scale of the procuratorate different from that of the court? "Zhou Ying asked puzzledly.

"Hmm... this question is indeed a bit complicated to explain. From my understanding, the current "Criminal Law" and judicial interpretations do not have clear and specific provisions on the conditions for the immediate execution of the death penalty and the suspension of the execution of the death penalty.

Only in Article 40 of No.[-] of the "Criminal Law", "if it is not necessary to execute immediately", the death reprieve can be applied.This provision is too vague and flexible, which has resulted in different understandings of the implementation of the death reprieve system by judicial organs at various places and levels, resulting in inconsistency in application.

I speculate that after the judgment of the court of first instance in this case, the procuratorial organ filed a protest, which may be caused by the different views from the court of first instance on whether the defendant belongs to the situation of "immediate execution" of the death penalty. "Fang Yi thought for a while and said.

"What do you think of this issue? I mean: if it is not necessary to execute immediately, death reprieve can be applied. If I plagiarize, it will be easy to say in court." Zhou Ying said with a smile.

"Don't be so blunt! What I said may not be correct, and the court may not accept it. You have to refer to it." Fang Yi said something very official.

"Don't worry, the reference is definitely applicable. As a defender, I have to do something." Zhou Ying's smiling eyes turned into crescent moons.

"Hey! Send Buddha to the west, okay, let me explain my understanding.

In this case, the main reason why the court applied the death penalty (with reprieve) to the defendant Yang Rongwei was that his criminal behavior seriously harmed the personal rights of the victim.In other words, the defendant's criminal behavior caused serious injury to the victim.

According to the evidence in the case, after the incident, the forensic medical appraisal of the victim Gong Jingyan by the public security agency showed that: Gong Jingyan had brain contusion and subarachnoid hemorrhage, and the degree of injury was serious; multiple skin and soft tissue lacerations on the upper limbs, and massive blood loss caused blood loss. Sexual shock, the degree of injury is serious; multiple skin lacerations on the face, with six linear scars, are not serious injuries.The appraisal concluded that he was seriously injured.

The court of first instance determined the extent of Gong Jingyan's injury based on the evidence submitted by the procuratorate.

However, according to the case files you brought back from the provincial high court, the procuratorate once again re-appraised the scars caused by Gong Jingyan's head and face injuries. .

The court of second instance is likely to re-determine the extent of the defendant's injury based on this.

According to the discharge certificate issued by the hospital, Gong Jingyan is now walking normally, her vital signs are normal, and her general condition is good.Afterwards, the hospital issued another diagnosis certificate, stating that Gong Jingyan had left lower limb movement disorder, right eyelid drooping, facial skin scar contracture and other sequelae.

Based on this, it can be seen that the serious injury to the victim Gong Jingyan, especially the disfigurement caused by the facial injury, has become the main factor in determining the seriousness of defendant Yang Rongwei's criminal consequences and judging whether he belongs to the situation of "immediate execution of the death penalty". .

In this case, the amount of property robbed was less than [-] yuan, and the burglary alone was not enough for the death penalty. Therefore, the serious injury of the victim Gong Jingyan will become the main factor in determining whether the defendant’s behavior is a situation that warrants the immediate execution of the death penalty.

Therefore, the "Criminal Law" on the application of the death penalty for the crime of robbery is relatively vague, so we might as well learn from the relevant provisions of the "Criminal Law" on the criminal responsibility of the crime of intentional injury as a reference for this case.

The law on the crime of intentional injury stipulates that those who cause serious injuries and severe disabilities by particularly cruel means shall be sentenced to fixed-term imprisonment of more than ten years, life imprisonment or death.

It can be seen that in the crime of intentional injury, only when the victim is seriously injured and severely disabled by particularly cruel means, the crime has reached an extremely serious level, and the death penalty can be applied.

There are no specific provisions in the Criminal Law and related judicial interpretations on how to determine severe disability.

In judicial practice, it can be judged by referring to the provisions on "serious disability" in the "Standards for the Appraisal of the Degree of Disability of Workers' Work-related Injuries and Occupational Diseases".

The existing evidence in the case cannot prove that the degree of injury of the victim Gong Jingyan is severely disabled; and on the whole, her physical condition has recovered relatively well. The court of first instance found that the consequences of Yang Rongwei's crime were not particularly serious.

Although the defendant Yang Rongwei robbed the house and caused serious injury to the victim, he should be severely punished, but considering that the consequences of Yang Rongwei's crime were not particularly serious, and that he was a first-time offender and had a good attitude of pleading guilty, the defendant does not belong to the situation where the death penalty must be executed immediately .

In my opinion, the court of first instance sentenced him to death with a two-year reprieve, reflecting the principle of adapting to the crime, and the sentencing was appropriate. "Fang Yi explained.

Zhou Ying on the opposite side lowered her head and clattered on the keyboard. Fang Yi deliberately slowed down her speech to facilitate her recording.

"Lawyer Fang, is it appropriate for us to learn from the content of the crime of intentional injury when sentencing the crime of robbery?" Zhou Ying raised her head and asked doubtfully after finishing typing.

"In this case, the defendant used violence during the robbery, causing serious injury to the victim, and committed the crime of robbery and intentional injury at the same time. I think it is a coincidence of imagination.

Therefore, when the crime of robbery is not clearly stipulated, referring to the crime of intentional injury, I think there is no problem. "Fang Yi smiled.

"Well, I'll sort it out, and the court will start next Monday. I'll go back to work overtime and write out my defense opinions." Zhou Ying said while packing up the case files.

After finishing speaking, Zhou Ying ran out of the office with her laptop and file in her arms.

Fang Yi looked at her back and said with a smile: Young people are motivated, I hope to keep it up.

……

On Monday, Fang Yi was drinking tea with Wan Kefa and discussing Taoism (chatting nonsense), when there was a knock on the door suddenly, Assistant Feng came over as soon as the door opened, greeted Fang Yi with a smile, and came to In front of Wankefa.

"Boss, Mr. Wu is here." Assistant Feng said softly.

"Oh? Why is Boss Wu here? Please hurry up." After Wan Kefa finished speaking, he got up and walked out.

"Boss, you have guests. I'll go back first and talk to you." Fang Yi got up and walked to the office. Just as he went out, he saw Wan Kefa smiling and greeting a tall white-haired old man not far away.

The old man is very handsome, he walks with his head held high, his eyes are bright, he is wearing casual clothes, his face is ruddy and shiny, and he can tell that he is well maintained.

Behind the white-haired old man was a young man in a pink suit with a greasy hair and pink face, who made people feel like he could pretend to be a B.

Fang Yi glanced at it and returned to the office.

(End of this chapter)