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The author:(作者)qqpublished in(发表于) 2014/6/12 5:08:16 Legal experts parsing had shielded her daughter was forced into prostitution case defendant the death penalty review
CNS, Beijing, June 12 (reporter)-12th the Hunan higher people's Court entrusted by the Supreme People's Court, "had shielded her daughter" (young girls forced into prostitution in Yongzhou in Hunan province), accused Zhou Junhui, Qin Xing served on the Supreme Court criminal rule book. Supreme Court ruled that capital punishment will not approve Zhou Junhui, Qin Xing, refer the case back to the Hunan provincial higher people's Court for a retrial. In this regard, the Research Institute of Beijing Normal University criminal law professor Wang Zhixiang to the media in detail.
Wang Zhixiang said, Yongzhou young girls forced into prostitution before the case was submitted to the Supreme People's Court review of death sentences can be described as twists and turns, it has experienced three first and three second instance, twice sent the case back to Hunan provincial higher people's Court in Yongzhou city intermediate people's Court for a retrial. In the process, victims ' parents, who made repeated trips to the Central and the local people's Congress, the Communist Party, public security and other departments to petition, appeal shall be sentenced to one of the seven defendants in the case of the death penalty. On June 5, 2012, Hunan province high people's Court upheld the first-instance judgment of the immediate implementation of the death penalty for two of the defendants in the case, and shall be reported to the Supreme People's Court for review. How to deal with the demands of the victims ' parents asked to sentence the defendant to death be implemented immediately is no doubt unavoidable issues in the judicial review of death sentences in the case.
Wang Zhixiang pointed out that in the case of first and second instance process, victim's parents urged the sentenced to death seven accused in the case, suggesting that in this case the accused had not been victims of forgiveness. In judicial practice in recent years, the victim forgiving limit application of the death penalty has become an important discretionary sentencing.
The experts considered, courts sentenced to death is a legal issue. This determines the applicability of the death penalty to the defendant, depending on whether the accused is subject to the conditions provided for under criminal law punishable by death. In the case of crimes defendant not die, not because the victims urged the Court to sentence the defendant to death, the Court on the application of the death penalty to the defendant, it is the embodiment of strict adherence to the rule in capital cases. Specifically in terms of cases of forced prostitution, according to the provisions of Article No. 358 of the code, only in particularly serious cases, can only be sentenced to death. Moreover, even in particularly serious circumstances, nor can only be sentenced to death, but both could be sentenced to life imprisonment, can be sentenced to death. Even if sentenced to death, also does not have the death penalty to execute immediately, given a suspended death sentence is also an imposition of the death penalty. For that matter, in the present case the defendant can be sentenced to death, ultimately by a legal charge. The strong demands for victims to sentence the defendant to death can be met, the key is to see such a request can legally tenable. Once the lame, the Court could not be victims of pressure, sentenced the defendant to death, will be formed in the judicial practice of "cry baby milk" situation, the solemnity of the law cannot be implemented.
Wang Zhixiang stressed that should see is strict adherence to the rule of law has the benefit of being crime victims. In Hunan province, relevant departments had shielded (the victim's mother) in the course of the event, had shielded the detention decision is revoked by netizens evaluation as the shining glory of the rule of law, won both the public opinion and is a vivid demonstration of the rule of class. Since victims had benefited from the rule of law, its appeal on the case, of course, should also be within the scope of the law. For those who are not within the legal appeal, the victim is not entitled to require the Court to be satisfied. (End)
(Original title: legal experts parsing "had shielded her daughter" case defendants the death penalty review)
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