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On the morning of December 18, 2023, Lao Rongzhi was executed!
The dust has settled!
According to **, the general situation is as follows:Lao Rongzhi was originally a people's teacher, and later met Fa Ziying and fell in love. Fa Ziying fled Jiujiang City due to robbery and injury, and 20-year-old Lao Rongzhi chose to give up his family and stable job as a teacher, and followed Fa Ziying on the road to death.Two ** kidnapping and robbing others in many places. The two committed crimes in Nanchang, Guangzhou, Wenzhou, Nanning, Hefei, etc., and Lao Rongzhi used his hue to seduce a man who seemed to have a wealthy family, deceived him into a rental house, and then used gun, knife, kidnapping, extortion, robbery and other means to rob money, and brutally killed seven people before and after. Fa Ziying** was later executed on December 28, 1999. After absconding for 20 years, Lao Rongzhi was arrested in Xiamen, Fujian Province.
The Nanchang City Intermediate People's Court pronounced a verdict in the first instance that the defendant Lao Rongzhi was guilty of intentional homicide, robbery, and kidnapping, and that he was punished concurrently, and decided to carry out the death sentence, deprive him of his political rights for life, and confiscate all his personal property.
Lao Rongzhi appealed against the inconsistency of the first instance. The Jiangxi High People's Court ruled in the second instance to reject the appeal, uphold the original verdict, and report the death sentence to the Supreme People's Court for approval in accordance with law.
Later, the Supreme People's Court approved the death penalty in accordance with law. The Nanchang Intermediate People's Court executed him this morning.
1. The case of Lao Rongzhi was quite tortuous in procedure and was a drama of legal education
In the case of Lao Rongzhi, the second-instance trial hired lawyer Wu Danhong, a well-known criminal defense lawyer. Criminal defense lawyers and prosecutors have heated debates on whether the trial procedure is lawful, whether the evidence is legal, logical, and conflicting, and whether the relevant charges are established.
During the trial of this case, ** reported on it, and deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference (CPPCC) observed the trial.
Lawyer Wu Danhong is also an Internet celebrity lawyer, and from the perspective of a criminal defense lawyer, he also disclosed many details of the case, and expressed different personal views and even critical opinions on the trial of the case.
The author was not deeply involved in the case, so it is difficult to comment. But in any case, the case may leave a certain trace in the history of Chinese criminal law.
2. Lao Rongzhi was executed, was he shot or shot?
How was Lao Rongzhi executed?There is no mention of it in public reports, and the author has no personal special channels to learn about it. However, according to the author's understanding of the current method of execution, it is likely that the death penalty will be carried out by lethal injection.
China is the second country in the world to implement lethal injection, and in 1997, the Kunming Intermediate People's Court in Yunnan Province was the first to implement lethal injection. At present, lethal injection has become the most important method of lethal injection in China.
3. Why does China still retain the death penalty?
Since Beccaria provoked the debate over the abolition of the death penalty, the abolition of the death penalty has been a hot topic of discussion.
It should be said that at present, the abolition of the death penalty is a mainstream practice and trend. There are also a considerable number of experts and scholars in China who support the abolition of the death penalty.
According to relevant data, by the end of 2021, 144 countries and regions around the world had abolished the death penalty in law or in practice, of which 108 countries and regions had abolished the death penalty for all crimes, 8 countries and regions had abolished the death penalty for ordinary crimes, and 28 countries and regions had abolished the death penalty in practice. There are 55 countries and regions that retain the death penalty, accounting for 1.4 of all countries and regions.There are countries that have abolished the death penalty in history and have since reinstated it, such as the United States.
Why does my country insist on retaining the death penalty?It may be mainly based on these considerations:
First, the death penalty has a long cultural roots in our country, and Liu Bang, the ancestor of the Han Dynasty, entered Xianyang, and the first of the three chapters of the law is "death to the murderer". In ancient China, the criminal law was generally flogging, roding, imprisonment, exile, and death. Although the method of death varies, the death penalty remains the same.
The second is the deterrent effect of the death penalty. The purpose of criminal punishment is not only the negative evaluation of individual behavior, but also the effect of social demonstration and guidance. The existence of the death penalty can deter serious crimes to a certain extent.
Third, in fact, it demonstrates fairness and justice. Objectively speaking, the homomorphic revenge of "tooth for tooth" and "eye for eye" is still deeply ingrained in the hearts of many people. This is why many families of victims are doing everything possible to make the defendant "die". It is unacceptable for many people that the defendant can live in peace because of a serious crime that causes death, or even the death of many people.
IV. Will the death penalty make unjust, false and wrongly decided cases impossible to correct?
This is an important argument for many critics of the death penalty. People are not leeks, they die when they die, and they can't be reborn. If it is an unjust, false and wrongly decided case, once the death penalty is executed, how can it be remedied in the future?
It is impossible for unjust, false and wrongly decided cases to be completely avoided in any country or in any period. The abolition of the death penalty in most countries in the world is not because "the death penalty will lead to unjust, false and wrongful convictions that cannot be corrected".
Indeed, when a man dies, he dies. Whether it is Nie Shubin or Hugejiltu, who were killed because of unjust, false and wrongful convictions, no amount of compensation can be corrected. In the case of each case, or in the case of this value judgment, there is no solution.
However, there are many different value judgments in the law, some of which are still contradictory and conflicting with each other. For example, freedom and equality. How laws are drafted is reflected in the choice of different value judgments.
5. China's current death penalty policy
Hu Yunteng, an official of the Supreme People's Court, wrote an article "On the "Three Insistences" of the Death Penalty System with Chinese Characteristics", which analyzed and interpreted China's death penalty policy. Judge Hu was a full-time member of the Adjudication Committee of the Supreme People's Court, and he was called "Hu's death sentence" because of his continued attention to the death penalty issue. In his view, China must clearly adhere to three basic positions on the issue of the death penalty
First, we should insist on retaining the death penalty, which is the bottom line of our country's approach to the death penaltySecond, we should insist on restricting the death penalty, which is the main line of China's approach to the death penaltyThird, we should persist in preventing wrongful killings, which is the red line for our country's treatment of the death penalty.For a long time to come, it is estimated that our country will retain the death penalty, but it is hoped that the number of death sentences will become less and less.