Our reporter Li Li Zhuang Qinghong
Kidnapping prisoners are dying in order to raise money to save old mother, the court discretion whether to reduce sentence? Today this is no longer entirely the discretion of the judge.
Source: Shenzhen Satellite TV "30 noon."
April 21, 2009, in Guangzhou City, Guangdong Province Sanyuanli Temple,vendita moncler online, Chongqing Zhang party state with a fruit knife with a woman hostage. His brother Zhang Fang was in the side holding a card that read: "I do not want crime, just give me 18,000 dollars loan to save the mother!"
After more than one hour standoff,vendita scarpe hogan, the police successfully rescued the hostages and arrested two brothers.
After Zhang Fang described a murder case, widely reported by the national media, the two brothers will be people on what kind of punishment to give a lot of attention.
In Baiyun District of Guangzhou City People's Court of the court, prosecutors and lawyers on the hostage-taking to raise money to save the mother's specific sentence above Zhang Fang, Zhang Fang were two brothers, started a lively debate.
What "hostage-taking to save the mother" case trial
"Taking into account the facts in this case both parties and qualitative no objection, the court will focus on the issue of the sentencing hearing." Judges in the trial of the case to the China Youth Daily reporter said.
"Norms discretion, the sentencing court proceedings included" (referred to as "standardized sentencing") is one of the major projects in the Central Judicial Reform.
June 1, 2009, the more than 120 courts began accordance with the "People's Court sentencing guidance (Trial)" and "People's Court sentencing process guidance (Trial)" provides two files pilot work,giubbino moncler, the Guangzhou Baiyun District Court is Pilot one of the units.
Zhang Fang described the brothers filed, the court will inform the sentencing hearing and served on counsel for the victim to inform the parties can present evidence on sentencing issues and express their opinions.
In fact,scarpe hogan donna prezzi, both parties have taken the initiative before the trial of the accused factual evidence collected sentencing influential.
Investigative agency dedicated to the domicile Zhang old mother, the defendant's motive for the crime investigation purpose.
Defense lawyer and obtain a dying mother's notice Chang, the Chang brothers proved consistently able to confirm the performance of the local village, the mother of two brothers education "should pleaded guilty, mend,http://bbs.wanrenyou.com/forum.php?mod=viewthread&tid=1392719," the audio and video information.
Defense lawyers presented in court also accused the mother of the video data, confirmed the "two-year-old when his father died defendant, the mother alone to raise them,moncler giubbotti 2013, mother and wife, mother dying when the two defendants know much-needed money for medical treatment had kidnapped raise money for the mens rea. "
The prosecutor also under statutory, discretionary sentencing case, the court made a sentencing recommendation.
It is involved in the judge hearing the case described, the prosecution and defense parties to actively take the initiative to participate in activities of the sentencing hearing, "in favor of a comprehensive grasp of the sentencing court related information to ensure fair sentencing outcomes."
How the sentence is counted out
Criminal cases, "Criminal Law" is often only requires from the criminal point of maximum penalty, as the suspect's specific sentence, the judge in the end is how calculated, often unknown. "Standardized sentencing" reform precisely in order to solve this problem.
In the "hostage-taking to save the mother" case, the court first according motive for the crime and did not cause bodily injury, not the substance of the money obtained from criminal facts of the case to determine the baseline sentence of six months to five years.
Then, the judges want to do a "math" according to sentencing.
Defendant knife crime, increased 10% benchmark punishment; in public places to unspecified artificial object of crime,hogan outlet, increased 10 percent; adverse impact on the community, increasing 7%; voluntarily pleaded guilty in court to reduce the 20%; defendant is a first offender,http://www.hywen.com/forum.php?mod=viewthread&tid=629831&fromuid=103145, has performed well, reducing 7%; accomplices are accused Zhang Fang, a 60% reduction.
Finally, the court considered the defendant's brother Zhang Fang were not in the direct implementation of hijacking and physical threats, less serious crimes, the justice has recognized their sin,tute da sci moncler, repentance and sincere, applicable to probation does not further harm to society, decided to apply the probation.
The court ultimately sentenced to five years imprisonment brother Zhang Fang described the six months were sentenced to two years imprisonment brother Zhang Fang, suspended for three years. After the verdict, the defendant Zhang Fang described, Zhang Fang did not appeal the decision takes effect.
"It is worth noting that, due to charges of kidnapping is not a pilot, for the case of sentencing, the amplitude of accommodation is not normative documents." Judges in the trial, said, "In the time trial,http://bbs.031.net/forum.php?mod=viewthread&tid=47617&fromuid=8042, we combined with the specific circumstances of the case and the circumstances, reference the supreme law "sentencing guidance" applicable values ??similar circumstances, we at the sentencing methods, or using a sentencing method of qualitative analysis and quantitative analysis, the sole discretion of the sentencing and the adjustment range, and detailed in the judgment document explains the reasons and basis for such service contracting parties are interest-v. "
"The success of the trial of this case, we are experiencing for the standardization of the reform process in sentencing" other sentencing sentencing guidance "does not specify how the application of ideas and provides a good solution, has great practical significance. "
Sentencing court to do "Math" math
"Both parties are relatives case, the dispute is caused by something the child, the defendant sincere repentance and apology to the victim in court, asked the court to appropriate sentences;
"After the incident,http://www.zypfb999.com/thread-740372-1-1.html, the defendant gave himself, asked the court to a lighter punishment;
"Injury victims have been recovered, the defendant excess borrowing 100,000 yuan compensation for the victims, the two sides reached a settlement, the defendant has an understanding of victims and their families, asked the court to appropriate sentences;
"The accused family of four people, has been accused by porters breadwinner, the eldest daughter of a grade, the youngest daughter was two months old, need to come out early to take care of the defendant. Ask the court to give full consideration to the defendant on probation . "
Such specific to the sentencing of a solicitor, now in Baiyun District of Guangzhou City People's Court has not uncommon.
Out of the criminal court judges to the China Youth Daily reporter, currently a pilot for traffic crime, intentional assault, rape and other 15 kinds of charges were standardized sentencing,http://www.daminggong.com/bbs/forum.php?mod=viewthread&tid=4973799, the sentencing judge to step clear, standardized sentencing judge's activities. The "combination of qualitative and quantitative analysis," the sentencing method is divided into three steps:
First, according to the basic facts constitute a crime within the appropriate legal punishment magnitude, determine sentencing starting point. The second step, according to the facts of the crime other effects constitute a crime, the success of the "Math" to determine the baseline sentence on the basis of the sentencing starting point. Finally, the Court considered whether the application of probation.
In the adjudication of civil disputes injury cases, the court will listen to both defense and prosecution sentencing recommendations, and finally after a court ruled that the sentencing court to clarify the process, so that the parties to the steps and methods sentencing to see clearly, to understand it.
Meanwhile the judge in the judgment document will clarify the existence of cases of sentencing and the impact on sentencing. "Such a step by step through the trial and sentencing procedures,http://bbs.mnlgxy.com/forum.php?mod=viewthread&tid=62072&fromuid=5565, to resolve the conflict with the accused party of two families of the victims, both convinced the court's decision, no longer appealed."
Pilot at the beginning, there have been concerns about voice: "Each case are all calculated, it will not affect the handling efficiency?"
After the pilot for six months, the court reflected:. "Reformed sentencing methods,hogan vendita on line, standards simple, workable sentencing proceedings, easy to grasp not only does not affect the work efficiency, and ease of the matter less than contradictory, to further improve efficiency."
A supervisory judge "inner life" standard
Pilot So far, the Supreme Court summarized found that "sentencing standardization" so the judge handling the case has been a standard for execution, also parties to the case and the people have a more supervisory standards to allow the sentencing judge "inner activity" are becoming "understand" it is effective in preventing a "human case, relations cases, money case" occur.
Meanwhile, the "standardized" system to enhance openness and transparency in sentencing. Since the sentencing into court proceedings, making both parties to have a more in-depth understanding of sentencing, which effectively avoid the interference of "secret operations" and human factors, improving the people's court's credibility and authority.
In effect, the judge of compensation plot by influencing Interpretation of sentencing outcomes,http://pcbbbs.net/read.php?tid=468/read.php?tid=468, let people judge the behavior of the legal consequences of his actions, prompting the defendant has the ability to actively compensate the victims for damages.
Thus, the effect of service contracting income v standardized sentencing was effectively resolve social conflicts and achieve positive case knot things; criminal with civil cases mediation rates and withdrawal rates improved significantly,scarpe hogan online,http://www.kanshu.so/home.php?mod=space&uid=7205, some of the Court's mediation rate and withdrawal rate up to 90%.
After six months of trial,piumini moncler spaccio, the Supreme People's research found that among the cases, sentencing more balanced between regions around the appeal rate, rate, and the second instance commuted protest, remand rate is much lower, many trial court a "zero appeal ,hogan scarpe outlet, zero protest, zero petition. "
Currently, the "sentencing standardization" Reform is still advancing.
In the two sessions being held, the Eleventh CPPCC National Committee members, Sichuan Province, Chengdu Intermediate People's Court of China Vice President Xie providers in the proposal suggested: "accelerate standardization modify sentencing process, the monitoring will be placed into the sentencing."
Hua Xie providers raised by members: "norms applicable to probation, a clear 'do not harm society' standards,hogan da donna, in particular, to control violent crime and reduce the punishment probation after further regulate the application of the statutory lenient punishment with a lighter or mitigated punishment. magnitude, to prevent excessive lighter or mitigated punishment. "
?