Before case hair whether to attribute mistake abusively? After counterappeal of procuratorial work mechanism, the accused person is sentenced capital punishment
Top people procuratorate yesterday
Recently, via Jilin procuratorate of province the Changchun City puts forward counterappeal lawfully, jilin saves a procuratorate to support counterappeal lawfully, jilin saves High Court Wang Mou of person of the accused of intended to murder east by sentence life imprisonment, privative politics right is lifelong change the original sentence is capital punishment, postpone a deadline is carried out 2 years, privative politics right is lifelong.
Wave of Wang Mou of the accused person, Wang Mou east for brother, with the injured party Zhang Mou is city of benefit of Jilin province heart the channel that amount to the home presses down 3 child village new Zhang Jiatun 8 groups collect adjacent, zhang Mou mind is not quite good, meet from time to time get ill, get ill when always keep cluck of be favored with and name-calling. According to the villager people report, two because of the always of a few bagatelle 20 years ago not harmonious, often produce quarrel.
On April 9, 2017 morning, zhang Mou is transient Wang Mou east outside wall of father Home Wang Mou when the edge walks along an edge to scold, deliver Wang Mou wife Li Mou body is unwell. Wang Mou immediately calls to call person of 2 the accused, mood of favor of 2 the accused is excited desire as academic as the injured party this matter.
The newspaper after be being discovered to mediate all up by the village director Wu Mou that Wang Mou calls up to mediate this matter concludes the case. Heart benefit city amounts to domestic channel police station to receive after reporting a case to the security authorities, drive toward Zhang Mou and Home Wang Mou to undertake intercessory respectively instantly, attitude of the two family after the policeman is mediated is very good. But after the policeman leaves, home Zhang Mou is gone before Wang Mou wave is carrying family on the back " academic " this matter, and with the Wang Mou that arrives subsequently east produce tussle with Zhang Mou inside courtyard of Home Zhang Mou together, after Wang Mou wave holds wooden club to Ko Zhang Mou, wang Mou east still hold wooden club to hit head of the injured party continuously, send its cure invalid death. According to description of cadaver check result, large area of skull of Zhang Mou of the injured party smashs sexual fracture, bilateral defeat of head of top leaf large area is cracked, via appraisal of legal medical expert, zhang Mou fastens skull pink to break sexual fracture sends cerebral defeat to crack amalgamative head hernial and death.
Of the same age on December 18, the Changchun City is intermediate forensic first instance sentences Wang Mou of the accused person with intended homicide east life imprisonment, privative politics right is lifelong; King of the accused person some set term of imprisonment 15 years, privative politics right 5 years. Court decision of court of first instance thinks, zhang Mou first abuse Wang Mou east, the mother of Wang Mou wave, put in fault to causing this case, because of person of this pair of 2 the accused from wide punishment.
After court of first instance is adjudged, after procuratorate of the Changchun City is examined lawfully, think, one adjudgement belongs to clue of measurement of penalty to maintain a mistake definitely, applicable law is undeserved, abnormal of measurement of penalty is light,
The first, person of 2 the accused and the injured party come twice for years element has not harmonious, the both sides before case hair is put in slight fault in daily behavior. Psychosis of Zhang Mou of the injured party not beautiful, collect adjacent publicity, case hair is that day after policeman spot mediation, the accused person still goes home of the injured party before privately in " academic " , cause bilateral fistfight result thereby. The fault degree of the behavior before case of the injured party is sent can evaluate the slight fault in be general and daily behavior only, have not reach the fault level that can enter criminal law field of vision and affects to evaluating crime to arise. Court of first instance maintains the injured party simply to have fault, belong to clues of pair of measurement of penalty to maintain a mistake.
The 2nd, wang Mou of the accused person east already was held by Wang Mou wave in Zhang Mou after head of wooden marvellous stroke falls down, hold wooden club to blow piece of some head continuously again, guilty clue is abominable, the method is cruel, subjective and malign deep, social harm sex is great, affect security of society and people safety badly to feel, answer to be punished severely lawfully.
This year on January 8, procuratorate of the Changchun City puts forward counterappeal lawfully, jilin saved a procuratorate to accept this proposal, examined case file, lawfully interrogatory the accused person, check after the main evidence of the case, made book of opinion of supportive criminal counterappeal on April 4, back opinion of counterappeal of procuratorate of the Changchun City.
A few days ago, jilin saves High Court to make final judgment adjudicate, lawfully pair of Wang Mou that intermediate court makes cancel the Changchun City east sentence life imprisonment, all one's life of privative politics right adjudicates, wang Mou of change the original sentence east capital punishment, postpone a deadline is carried out 2 years, privative politics right is lifelong, other court decision maintains original judgement.
