intentional homicide reporter interviewed xian

Medicine home though still should be severely punished the surrendered

22 morning, medicine home after the verdict, intentional homicide reporter interviewed xian the handling of the then torture a court judge.

Kill people kill not of passion kill

Reporter: March 23 medicine home when the court session, intentional homicide of home defenders put forward the medicine, medicine home xin hit the behaviour is passion after the murder murder." Excuse me, how to recognize this problem?

Judge: passion kill general is because the victim is caused by improper behavior of the defendant kill the victim and the implementation of them behavior. This case the defendant medicine home xin is driving hit the victim zhang wonderful, fearing for zhang wonderful remember its plates for legal liability, and the implementation kill people kill behavior. The victim in this case is clever in zhang is completely innocent, from being knocked down until were killed, without any improper behavior. The murderer medicine home xin behavior does not belong to passion kill.

Not applicable OuFan given his convictions

Reporter: medicine, the proposed home defenders the home is refused, the drug OuFan, and suggests to its light punishment, the defense reason established?

Judge: young, OuFan is discretionary light punishment plot shall, according to the criminal facts, the nature of the crime, plot and social harmful consequences comprehensive consideration, generally only applies to the minor crime and if the circumstances are relatively minor crime. For intentional homicide such a serious criminal crime, especially the case so bad, cruel murderer, obviously cannot crime by his convictions, OuFan light punishment.

Surrender not must lighter plot

Reporter: criminal defendants have surrendered plot for how to set the punishment?

Judge: the supreme people's court on February 8th 2010 for tory burch online store "carry out about criminal policy of" tempering justice with mercy "certain opinions" prescribed in paragraph 1 of article 17, except for the defendant, surrendered crimes severe, subjective vicious deep, personal risk is great, or malicious to circumvent the law by sanctions surrendered shall normally outside, from the punishment. That is to say, the defendants have surrendered plot of punishment shall in general be punished, but there are two exceptions, even if have surrendered plot nor punishment: the first kind, but crimes severe, subjective vicious deep, personal risk greatly; Second, malicious use around the law sanctions surrendered. To sum up, surrender may be given a lighter punishment law is the plot, but not should (or should) light punishment plot. Whether light punishment shall, according to the facts, nature and of crime story and social harmful consequences integrated consideration.

Great harm when punished according to law

Reporter: since medicine home xin have surrendered plots, why seek the death penalty?

Judge: this is a combination of intentionally killing the drug's case and Tory Burch Flip Flops Sale, comprehensive assessment of the concrete. Throughout this case, medicine of the victim card home xin drive not only after it, after laboring for fear of the victim, instead of the plates and kill people kill to remember, criminal motive abhorrent, subjective vicious deep; The defendant medicine in the victim's xin hold knife areas such as chest, back to stab sword, even number the victim was killed, especially brutal crime means, if the circumstances are especially bad, crimes extremely serious; The defendant medicine home because of the traffic accidents only commonly is kill people kill, Tory Burch Heels Sale,social harmfulness is great, belong to the criminal policy of tempering justice with mercy "about carrying out certain opinions" prescribed in paragraph 1 of article 17 of the first kind of exceptions, although have surrendered, and still should be punished in accordance with the plot.

Have surrendered requirement

Judge: our country criminal law article 67 the provisions of the first paragraph, crime, and truthfully be automatic surrenders after the statement of his crime, surrender. This case the defendant medicine home xin, after killing zhang wonderful way again will be away from the scene after two pedestrians, the public security organ in dealing with its bumps two pedestrians traffic accident process, although according to two pedestrians injury is lighter and medicine home while CheSun larger the car of the doubts, the drug inquiry, Tory Burch Handbags Sale,the house but not recognized medicine department of intentionally killing suspects. Since then, the public security organ for its ask zhang wonderful was murdered case of his muscles, whether also denied that the medicine home. Later, medicine has not been taken home xin in any compulsory measures in the circumstances, the first 4, after the crime in parents escorted to the public security organ