deprived of political rights for the lifelon

Xinhuanet xian April 22 nov (reporter ShiJingNan, CuiQingXin) 22 morning, shaanxi province in xian xian intermediate people's court music college student medicine home xin intentional homicide case with a public trial verdict, home to the defendant medicine intentional homicide death penalty, deprived of political rights for the lifelong. After the sentencing, reporter interviewed xian the handling of the then torture a court judge.

Reporter: March 23 medicine home when the court session, intentional homicide of home defenders put forward the medicine, medicine home xin hit the behaviour is passion after the murder murder." Excuse me, how to recognize this problem?

Judge: passion kill general is because the victim is caused by improper behavior of the defendant kill the victim and the implementation of them behavior. This case the defendant medicine home xin is driving hit the victim zhang wonderful, fearing for zhang wonderful remember its plates for legal liability, and the implementation kill people kill behavior. The victim in this case is clever in zhang is completely innocent, from being knocked down until were killed, without any improper behavior. The murderer medicine home xin behavior does not belong to passion kill.

Reporter: medicine, the proposed home defenders the home is refused, the drug OuFan, and suggests to its light punishment, the defense reason established?

Judge: young, OuFan is discretionary light punishment plot shall, according to the criminal facts, the nature of the crime, plot and social harmful consequences comprehensive consideration, judicial practice generally only applies to the minor crime and if the circumstances are relatively minor crime. For intentional homicide such a serious criminal crime, especially the case so bad, cruel murderer, obviously cannot crime by his convictions, OuFan light punishment.

Reporter: murder deem, medicine home in police initially asked the killer facts, medicine home denying the behavior of parents with the son shall not constitute a surrender surrenders, first is how to judge this behavior?

Judge: our country criminal law article 67 the provisions of the first paragraph, crime, and truthfully be automatic surrenders after statement his crime, is to surrender. Automatic surrendered, refers to facts of a crime or criminal suspects are not judicial authorities found, or it was found, but the criminal suspect has not been interrogated, is not compulsory measures are taken, active, direct to the public security organs, people's procuratorate or the people's court surrendered. Combined with the case, the defendant medicine home, after killing zhang wonderful way again will be away from the scene after two pedestrians, the public security organ in dealing with its bumps two pedestrians traffic accident process, although according to the injury knocked two pedestrians lighter and medicine home while CheSun larger cars the question, as a suspect in the home of the drug, but did not ask that medicine is deliberately homicide suspect. Since then, the public security organ for its asked the victim was murdered case of zhang wonderful whether his muscles, medicine home xin also denied. Later, medicine has not been taken home xin in any compulsory measures in the case, after the crime on the fourth day in parents escorted to the public security organ, and truthfully allege surrenders, and its behavior was criminal facts have surrendered legal constitutions, according to law shall be deemed to be surrendered.

Reporter: criminal defendants have surrendered plot for how to set the punishment?

Judge: our country criminal law article 67 also stipulates that first paragraph, the criminal, to surrender may be given a lighter or mitigated punishment. Among them, the crime lighter, can be exempted from punishment. Whether be given a lighter or mitigated, be exempted from punishment, cannot treat as the same. The supreme people's court on February 8th 2010 for "carry out about criminal policy of" tempering justice with mercy "certain opinions" prescribed in paragraph 1 of article 17, except for the defendant, surrendered crimes severe, subjective vicious deep, personal risk is great, or malicious to circumvent the law by sanctions surrendered shall normally outside, from the punishment. That is to say, the defendants have surrendered plot of punishment shall in general be punished, but there are two exceptions, even if have surrendered plot nor punishment: the first kind, but crimes severe, subjective vicious deep, personal risk greatly; Second, malicious use around the lambt shoes sale w sanctions surrendered. To sum up, surrender may be given a lighter punishment law is the plot, but not should (or should) light punishment plot, whether to light punishment shall, according to the criminal facts, the nature of the crime, plot and social harmful consequences integrated consideration.

Reporter: since medicine home xin have surrendered plots, why seek the death penalty?

Judge: this is a combination of intentionally killing the drug's case and comprehensive assessment of the concrete. Throughout this case, medicine of the victim card home xin drive not only after it, after laboring for fear of the victim, instead of the plates and kill people kill to remember, criminal motive abhorrent, subjective vicious deep; The defendant medicine in the victim's xin hold knife areas such as chest, back to stab sword, even number the victim was killed, especially brutal crime means, if the circumstances are especially bad, crimes extremely serious; The defendant medicine home because of the traffic accidents only commonly is kill people kill, social harmfulness is great, MBT Tariki, belong to the criminal policy of tempering justice with mercy "about carrying out certain opinions" prescribed in paragraph 1 of article 17 of the first kind of exceptions, although have surrendered, and still should be punished in accordance with the plot.

Reporter: medicine home a case if the super completion time?

Judge: our points article 168 a regulation, the people's court shall, in the case of public prosecution within one month after accepting it at the sentencing, shall not exceed a month and a half. The first article 165 prescribed in item (2), in the trial process, procuratorial researchers found that of the prosecution's case requires supplementary investigation, that can delay cognizance. The supreme people's court law shih (2000) 29 case concerning the strict implementation of the several provisions of term system, the first rule of the incidental civil lawsuit case by our deadlines, approval, can prolong of two months. Cbma in 2011 jan 12 accepted the case, because this case belong to criminal and attached civil lawsuits, according to afore-mentioned regulations, approved by our dean, this case two months, and extend the completion time in the trial, procuratorial organs have suggested delay cognizance, supplementary investigation, so, by the end of the day, this case verdict did not exceed the statutory completion time