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Newspaper reporter Li Li Zhuang Qinghong
Kidnapping prisoners is to raise money to save the dying old mother, the court discretion whether or not to reduce sentence Now this is no longer the sole discretion of the judge.
Video: Man sick mother to raise money to save the hostage-taking in the street Source: Shenzhen Satellite TV "30 noon"
April 21, 2009, in Guangzhou, Guangdong Province Sanyuanli Temple, Chongqing,moncler sito ufficiale, Zhang Fang said with a fruit knife held hostage by a woman. His brother Zhang side are in the side holding a card that says: "I do not want crime, just lend me 18,000 dollars to save the mother!"
After more than one hour standoff, the police successfully rescued the hostages and arrested two brothers.
Zhang Fang said the brothers "to save the mother hostage-taking" after a murder case, widely reported by the national media, the two brothers people what kind of punishment would be given a lot of attention.
On the Baiyun District of Guangzhou City People's Court courtroom, prosecutors and lawyers on the hostage-taking to raise money to save the mother's specific sentence said 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,police lunette de soleil, the court will focus on the issue of the sentencing hearing." Judge involved in hearing the case to the China Youth Daily reporter said.
"Norms discretion, the sentencing into court proceedings" (the "sentencing") is one of the major projects in the Central Judicial Reform.
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June 1, 2009, the National Court began more than 120 according to "People's Court sentencing guidance (Trial)" and the "people's court sentencing guidelines (Trial)" the provisions of the two documents were the pilot, Guangzhou Baiyun District Court pilot one of the units.
Zhang party state after the brothers filed, the court will inform the sentencing hearing and served on counsel for the victims,christian louboutin pas cher, inform the parties may submit evidence on sentencing issues, comments.
In fact,moncler outlet italia, the prosecution and the defense before the trial have taken the initiative to collect the factual evidence of the defendant's sentencing influential.
Dedicated to investigating authorities domicile Zhang old mother, investigate crimes motivated defendant purposes.
Defense attorney for the transfer of critically ill notice Zhang mother can confirm Chang brothers prove consistent performance of the local village, the mother's education two brothers "pleaded guilty to, mend," the audio and video information.
Defense lawyers also presented in court accused the mother of video data, confirmed the "two-year-old when his father died defendant, the mother alone raise them, mother and wife, both accused knew his mother was dying when generating much-needed money for treatment kidnapping mens rea to raise money. "
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The prosecutor also statutory, discretionary sentencing case, immediately filed a sentencing recommendation.
It is involved in the trial judge described the case, the prosecution and defense parties to actively take the initiative to participate in the sentencing trial activities, "the court in favor of a comprehensive grasp of sentencing related information to ensure the impartiality of the sentencing."
How the sentences were counted out
Criminal cases, "Criminal Law" provisions often only from the criminal point maximum penalty, as the suspect's specific sentence, the judge in the end is how come, often unknown. "Sentencing" reform is to solve this problem.
In the "hostage-taking to save the mother" case, the court first motive for the crime and not based on personal injury, not the substance of the money obtained from criminal facts, to determine the case of baseline sentence of five years and six months.
Then, the judges want to do a "math" according to sentencing.
Defendant knife crime, an increase of 10% of the reference punishment; in public places with no specific target in most human crime, increased by 10%; adverse impact on society, increased 7 percent; voluntarily pleaded guilty in court, reduced by 20%; defendant first-time offenders, has performed well, a 7% decrease; defendant Zhang Fang are accomplice,giubbotti peuterey uomo, 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, after justice has recognized their sins, and sincere repentance, their probation does not further harm to society, decided to probation.
The court ultimately sentenced Zhang Fang said his brother six months to five years imprisonment, were sentenced to imprisonment for two years younger brother Zhang Fang, suspended for three years. After the verdict, the defendant said Zhang Fang,doudoune moncler, 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 and no normative documents." Judges participate in the trial, said, "In the time trial, we combined with the specific circumstances of the case and circumstances, in the light Supreme "sentencing guidance" similar circumstances applicable value, we in sentencing methods, or the use of sentencing methods of qualitative analysis and quantitative analysis, and discretionary sentencing and the amplitude of accommodation, and detailed in the judgment documents Description of the reasons and basis for such parties are service contracting rate v. "
"The success of the trial in this case, for we commonly encountered in the process of sentencing reform" Other sentencing sentencing guidance "does not specify how the application of ideas and provides a good solution, has great practical significance. "
Court sentencing do "Math" math
"Both parties to the case are relatives, but also because children do cause disputes, the defendant sincere repentance and apology to the victim in court,cappelli polo, asked the court appropriate sentences;
"After the incident, the defendant gave himself, asked the court to a lighter punishment;
"Injury victims have been recovered, the defendant compensate the victims debt over 10 million, the two sides reached a settlement, the defendant has been made in the understanding of victims and their families,doudoune moncler femme, asked the court appropriate sentences;
"The accused family of four people, has been accused by porters to support the family, the eldest daughter of a year, little daughter was two months old, it needs to take care of the accused as soon as possible. Asked the court to give full consideration to the defendant for probation . "
Such specific to sentencing a solicitor, now in Baiyun District of Guangzhou City People's Court has not uncommon.
Out of criminal court judges to the China Youth Daily reporter, the current pilot of traffic accident crime, intentional assault, rape and other 15 kinds of charges sentencing standardization,new balance femme, step clear sentencing judge, regulate activities sentencing judges. The "qualitative and quantitative analysis," the sentencing method is divided into three steps:
First, according to the facts constituting the basic offense and the corresponding legal punishment in magnitude to determine sentencing starting point. The second step, according to the facts of the crime constituted a crime other effects, good job, "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 trial of civil disputes injury cases, the court will listen to both defense and prosecution's sentencing recommendation, and finally in the court verdict, the sentencing court to clarify the process, so that the parties to the steps and methods of sentencing to see clearly, to understand it.
At the same 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, and resolve conflicts with the victim 'defense two families, both sides are satisfied with the court's decision, no longer appealed."
Pilot at the beginning,ceinture ermenegildo zegna, there have been concerns about voice: "each case one by one calculation,converse blanche, it will not affect the work efficiency "
After the pilot for six months, the court reflect:. "Sentencing method after the reform, the standard is simple, sentencing proceedings workable, easy to grasp, not only did not affect the work efficiency,felpe hollister, and ease of matter less than contradictory, efficiency is further improved."
A supervisory judge "inner life" standard
Pilot so far, the Supreme Court summary found that "sentencing" so the judge handling the case has been a standard for execution, but also the parties to the case and the people have a comparative standard for monitoring, so that the sentencing judge "inner activity" are becoming "clear" it is effective in preventing a "human case, the relationship case, money case" occurred.
Meanwhile, the "standardized" system to enhance openness and transparency in sentencing. Since the sentencing into court proceedings, so that both parties to have a more in-depth understanding of sentencing, which effectively avoid the interference "secret operations" and human factors, improving the people's court's credibility and authority.
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In effect, by influencing the judge's interpretation of compensation plot sentencing outcome, let the perpetrator determine the legal consequences of their actions, to promote the ability of the defendant pay compensation for damages positive victims.
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Thus, the service contract rate v sentencing obvious effect, effectively resolve social conflicts, to achieve positive things Case Closed; Criminal Supplementary Civil mediation rate and withdrawal rate improved significantly, some court mediation rate and withdrawal rate up to 90%.
After six months of trial, the Supreme Court research found that among cases, sentencing more balanced between regions around the appeal rate, protest rate and the second instance commuted, remand rate is much lower,nike requin, many trial court a "zero appeal Zero protest, zero petition. "
Currently, the "sentencing" reform is still advancing.
Being held in two sessions,hogan interactive, the Eleventh CPPCC National Committee, Chengdu Intermediate People's Court vice president of China Xie providers suggested in the proposal: "Accelerating sentencing modification process, will put the monitoring of sentencing."
Xie Hua members suggested suppliers: "standard for probation, a clear 'no longer does harm to society' standards,louboutin occasion, in particular, to control violent crime and probation after a mitigated punishment applicable to further regulate the circumstances have legal lenient punishment lighter or mitigated punishment. amplitude, preventing excessive lighter or mitigated punishment. "
 ,outlet woolrich bologna;To raise money to save the sick man in the street mother hostage-taking Source: Shenzhen Satellite TV "30 noon" Play Video
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