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Cover journalist Luo Tianyi
On April 25, according to media the report says, be suspected of Wu Xieyu of matricidal Beijing University student been seize. And disclose according to be close to the in-house personage of police, wu Xieyu showed airport of border of northland of body Chongqing river on April 21, be seized by policeman of airport public security. At that time, wu Xieyu contains many pieces of 30 Id on the body, buy through the network, come 3 years, he is in all the time domestic activity.
Once the message that Wu Xieyu is seized reports, the instant causes heat to discuss on the network, in time of nearly 3 years, is he how escape police those who chase? How to live again? These problems caused wide attention.
According to making public information to show, at present this case has turned over substation of Jin An of public security bureau of the Fuzhou City. If this case evidence is belonged to solid, wu Xieyu is suspected of what accusation, how should relevant law deal with according to the country? On April 26, cover journalist interviewed well-known lawyer at this point too Kun law (Chengdu) institute director Zhu Jieping, zhu Lv division undertook replying with respect to afore-mentioned problems.
Be suspected of intended homicide the influence is abominable
If evidence is in the possibility with capital punishment adequately great
Zhu Jieping tells a reporter, look according to the news that at present media reports, wu Xieyu may be suspected of intended homicide, forge, Id of dweller of falsification, buying and selling blame and crime of fraud.
Commit murder intentionally, it is the behavior that points to life of intended and illegal privative other, belong to a kind when violate crime of right of citizen person democracy. Our country " criminal law " the 232nd regulation: Intended bloodguilty, place capital punishment, life imprisonment or set term of imprisonment of 10 years of above; The plot is smaller, be in 3 years of above 10 years the following set term of imprisonment.
Zhu Jieping explains, the highest term of imprisonment of intended homicide is capital punishment, but guilty suspect is guilty, and whether can be sentenced to put to death punishment is carried out instantly, depend on the evidence that legal case mechanism scouts place is obtained. If its are when crime, be in the condition that do not have criminal responsibility ability or is in ability of limitative criminal responsibility cannot with guilty decide on sb's punishment, case waits during be being sent than if carry out the crime when homicide behavior,the suspect is in somnambulate condition or belonging to mental disease. If form what homicide commits a crime, whether be in carry out instantly with capital punishment, still need to combine the specific clue of the case, and whether to put in legal light or reduce a clue.
Will tell popularly, included to point to without criminal responsibility ability not full the support of the people of 14 one full year of life cannot identify the mental person of oneself condition; The support of the people that ability of demarcate criminal responsibility points to 14-16 one full year of life has not lose the mental patient that identify or controls him behavior capacity completely.
Zhu Jieping tells a reporter, with respect to this case character, be murdered person the family member also is guilty suspect family member actually, guilty suspect is obtained excuse have definite possibility probably, but as a result of this case the society that kill a parent is affected tremendous, violate human relations ethics badly, social harm is extremely serious, remove the condition that does not maintain crime ability and ability of demarcate criminal responsibility without criminal responsibility beyond, although the family member was signed,forgive agreement, the likelihood also can act well hard. "If evidence is sufficient, be in the possibility with capital punishment great. " Zhu Jieping thinks.
Be suspected of Id of dweller of buying and selling blame
Lawyer appeal increases this kind of crime to hit strength
Zhu Jieping expresses, in addition, many pieces of 30 Id is contained on the body when be being seized as a result of Wu Xieyu, because this still is suspected of,forge, Id of dweller of falsification, buying and selling blame.
Basis " criminal law of People's Republic of China " the 280th regulation, forge, Id of dweller of falsification, buying and selling the blame is to point to forge, the behavior of Id of dweller of falsification, buying and selling, this blame is behavior makes, wanted to carry out the behavior that falsifies id card of dweller of falsification buying and selling only, in principle makes crime, no matter result how. According to criminal law regulation, the part that makes this crime 3 years battle of the following set term of imprisonment, arrest, control perhaps strips political right, punish golden; clue serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Zhu Jieping says, will look according to press, in approaching time of 3 years, guilty suspect was not discovered by public security mechanism however in domestic activity all the time, bring about not a of crack a criminal case main factor is Id of other of guilty suspect hold. From eye antecedent condition looks, forge, the falsification, increase chain that sells id card still exists, increased the investigation difficulty of public security mechanism.
"We also appeal here, mechanism of public security of hope each district can increase the key to this kinds of criminality to hit strength. " Zhu Jieping says.
Be murdered person the relative is tenable civil suit right
But " the sense is not great "
"According to current and foregone information, in July 2015, wu Xieyu pretends to want to go to the United States studying abroad, the capacity that still uses oneself and mother lends money 1.44 million yuan to kin friend, accordingly he still is suspected of crime of fraud. " basis " criminal law of People's Republic of China " the 266th regulation, crime of fraud is to point to it is a purpose with detinue, perhaps conceal the method of the truth with dummy fact, diddle counts the behavior of the state-private property with larger specified number.
Current, this case has turned over substation of Jin An of public security bureau of the Fuzhou City. It is reported, according to the regulation of criminal procedural law, case general course is the following 3 programs: The reconnoiter phase of public security mechanism, procuratorate is examined sue level, court to try level. After the court adjudicates become effective, enter criminal to execute an order.
So, what civil rights does be murdered family member have? Zhu Jieping expresses, in light of the case that reports according to media, the victim's husband has died of illness, the son that guilty suspect is a victim, the parents because of person of this be murdered (the grandfather grandmother that this case is Wu Xieyu) can mention to the court as main body criminal is accessary and civil lawsuit, person of request the accused is compensated for 1.44 million. If parents has died, return but by be murdered person brotherly sister (the uncle that is like Wu Xieyu) the 2nd suitable person to lodge a complaint.
But Zhu Jieping also expresses at the same time, this case mentions of civil suit " the sense is not great " . He is judged, guilty suspect because bilk abscond 3 years, had property may be not much, to the debt financial insolvency of 1.44 million. At the same time the special situation as a result of this case, guilty suspect is killing after the mother, its also will be lost to the right of inheritance of maternal belongings, accordingly its the compensation that all belongings may assume civil and accessary criminal very hard, relatives and friends recovers the is cheated belongings possibility of 1.44 million lesser.
