标题: rayban occhiali da vista Original title [打印本页] 作者: b320vkhn6 时间: 2015-11-12 23:10:59 标题: rayban occhiali da vista Original title
Chen hostage-taking and police confrontation. play
Video: real shot Wuhan university students hijacked female doctor was full police uniforms
Changjiang Daily News
Evidence "Yin Gege butt psychological shadow" has not been adopted; the defendant said it would appeal
Cyclist knocked down after Granny, college students holding a fruit knife to stab elderly family members and hijacking female doctors. Yesterday, Castle Court of First Instance sentenced the crime of kidnapping Chen Xu, to five years imprisonment, a fine of 1,000 yuan. Chen family that the heavy sentence, decide the appeal. Earlier, the trial lawyer Chen Xu evidence to make excesses, because after his brother three months ago left him a shadow of the butt intimidation. Because of the evidence and the case is not directly related,moncler sito ufficiale, were not adopted by the court.
■ reporter Li Jing Qin correspondent law
"I think the sentence was too heavy."
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9:00, the last to accept the sentence of a court trial, Chen Xu bailiffs into the dock. Father Chen Xian Chen Fu son sitting in the gallery can see the silhouette of the position, the hand has been in their pockets. He is wearing the hearing wearing a dark jacket that piece, look dignified,dior bracciali, without saying anything, even more haggard than the last.
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The presiding judge read the verdict, when he learned his son on charges of kidnapping is still, not looking forward to probation before punishment, Chen Xian pay up to leave the seat, quietly open the door out of the courtroom.
Read complete, the presiding judge asked Chen Xu: "Do you accept the verdict "
Chen Xu did not like the trial as emotional, but bow to silence. The presiding judge asked again,christian louboutin pas cher, Then he raised his head and softly replied:. "I think the sentence was too heavy."
"Are you appeal "
Pause for a few seconds, Chen Xu nodded: "I consider the appeal."
Lawyers said Chen Xu family decided to appeal
After being informed enjoy legal rights, and Chen Xu was taken away by bailiffs, the end of the verdicts.
After the presiding judge from the court, Chen Xian Fu was besieged by reporters. "Heavy sentence." He would not say, represents all listen to lawyers.
"We do not accept this result, it would destroy a university student and his rightful life trajectory." As a defender Chen Xu, Hubei pluripotent Lawyer Hu Yanzhao said the United States,gucci bracciali, he was to have objections to charges of kidnapping, also that the sentencing too heavy. Hu Yanzhao said the United States,asics nimbus, he and Chen Xu's family discussed it and decided to appeal for Chen Xu, requested the court to review or commuted to three years in prison.
Sentenced to five years is the lightest punishment of kidnapping
For the defendant's "heavy sentence," said the presiding judge has the discretion of their sentences.
He pointed out that the crime of kidnapping is a serious violation of civil rights and property rights of violent crime. For a long time, China's "Criminal Law" provisions constitute the crime of kidnapping that read: "kidnapping for the purpose of blackmailing others, or kidnapping others as hostages, at least 10 years imprisonment or life imprisonment, a fine or confiscation of property. "until February 2009" Criminal Law Amendment (g) "after the implementation of a file sentencing range was increased on the basis of the original, that is,cinture hermes," less serious, at least 5 years to 10 years imprisonment. "
"But what is 'less serious' and no laws or judicial interpretations to be defined." The judge said the defendant Chen Xu knife hijacked a female doctor after the formation of confrontation with the police, and the requirements put forward wrongful behavior has constituted the crime of kidnapping. But,saldi woolrich roma, fortunately, kidnapping others as hostages shorter period of time,louboutin femme escarpin, did not cause serious harm consequences.
In addition,prezzi giubbotti, defense lawyers in the trial's "brother and family experience made him the butt of psychological shadow" and defend opinions, because no direct relation with the case, the court did not adopt as evidence. But considering 陈旭刚 18 years of age, or a college student in the school, its control and identification capability is not strong, the court recognized the crime on impulse.
The court then finds its "unserious",louboutin chaussures, sentenced to 5 years. Chen Xu was arrested before taking system in school, no source of income, and family economic difficulties and other factors, it is only an additional punishment shall be fined a minimum of 1,000 yuan. We can say that the verdict made by Chen Xu, is the crime of kidnapping in the lightest punishment sentencing results.
But the judge also said, "This decision is only the first instance verdict, the defendant Chen Xu is not satisfied, you can appeal within 10 days after receiving the sentence book."
Why sentence "Kidnapping" rather than any other crime
Chen Xu and defense lawyers for "easy crime," saying and opinions, the court presiding judge apparent release of kidnapping and illegal detention, disturb the difference between trouble crime, showing Chen Xu's behavior should belong to the former.
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Presiding judge describes, refers to the act of kidnapping people to use violence, coercion or other means, kidnapping for the purpose of blackmailing others, or kidnapping others as hostages. The crime is the behavior of prisoners, as long as the actual control of the perpetrator, the victim would constitute a crime hijacking Accomplished,sito nike, not to whether the perpetrator actually to extort property or meet the other requirements necessary conditions unscrupulous.
Relatives of the accused after a 82-year-old Chen Xu Fan and disputes arising from hospitalization costs incurred for leaving the scene, armed with a knife section of a female doctor hostage. Police formed his confrontation with the police and asked them to meet their own requirements made illegal, this behavior has been in line with the "violence, coercion method kidnapping others as hostages," the constituent elements of the crime of kidnapping, and not in line with the crime of illegal detention or Elements of the crime provoke trouble,peuterey donna, he should be convicted and punished the crime of kidnapping.
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Difference disturb the crime and the crime of kidnapping
On the subjective side of crime and criminal behavior significantly different. Disturb the crime the defendant based on contempt laws seek mental stimulation, vent deliberately, they beat the others, any damage to property or in public places stir trouble, causing serious disruption of public order acts. And Chen Xu criminal intent is clearly not that.
The difference between crime and illegal detention of Kidnapping
Kidnapping mainly in the criminal object and behavior are different. Illegal detention is illegal behavior bundled methods, custody and other deprivation of liberty by the behavior. Illegal detention of nature objective is to limit personal freedom, the object is violated personal rights of citizens, namely the right to freedom of movement. The crime of kidnapping is twofold object of violations, in addition to the right to health and body against the victim's personal liberty, for the purpose of blackmailing kidnapping conduct also violated the property rights of the victim.
Sentencing difference
Kidnapping
Not more than 10 years imprisonment or life imprisonment,piumini moncler, a fine or confiscation of property. Less serious, at least 5 years to 10 years imprisonment.
Illegal detention
Lightest at 3 years of imprisonment, criminal detention or control; the use of violence to cause disability or death of, respectively,asics running pas cher, intentional assault, intentional homicide on sin.
Disturb the crime
Lightest to five years imprisonment, criminal detention,louboutin paris homme, and control, the heaviest for 10 years.
Chen Xu arrested department considered before in school, no source of income, and family economic difficulties and other factors, it is only an additional punishment shall be fined a minimum of 1,chapeau 47brand,000 yuan. We can say that the verdict made by Chen Xu, is the crime of kidnapping in the lightest punishment sentencing results.
- Judge
I think the sentence was too heavy, and would consider an appeal.
- The defendant Chen Xu
And Chen Xu's family discussed it and decided to appeal for Chen Xu, requested the court to review or commuted to three years in prison.
- Defense lawyer Hu Yanzhao US
(Original title: Students hijack female doctor kidnapping case of first instance verdict sentenced to five years)
(Edit: SN067)
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