Text: Lawyer Zou Yujie.In the morning, I went to meet with a client involved in a case of intentional homicide.Do a lifetime of criminal defense to prevent 10,000 people from losing their ......
As a result of the death of two people on the spot, the possibility of a death sentence in the first instance is very likely if the victim's forgiveness cannot be obtained.
Of course, because the cause of the case was caused by family conflicts, according to the relevant judicial interpretations, if there are statutory mitigating circumstances in the ** case caused by neighborhood disputes and family conflicts, under normal circumstances, it is not appropriate to impose the death penalty for immediate execution, which is a clear instruction made by the Supreme People's Court in relevant documents.
In other words, in a similar ** case, as long as the following three conditions are met, normally speaking, the death penalty should not be sentenced to immediate execution:
1.Caused by neighborhood disputes or family conflicts.
2.Mitigating circumstances prescribed by law, such as voluntary surrender, meritorious service, accessory, or confession.
3.Have a good attitude of confession and show some remorse.
Of course, it would be nice to have the understanding of the victim's family.
Many parties, especially those who have been sentenced to a heavier sentence and may even be sentenced to capital punishment, are in a particularly bad mood, and there are more complaints anyway, and few people are willing to find reasons from themselves.
But our client has a relatively good mentality, and we don't complain too much, and always find the reason from our own perspective: we think that we are too impulsive in the process and fail to control our emotions well, although the other party has caused a lot of damage to our family over the years.
During the meeting, I first greeted him, after all, it was close to the Spring Festival, and the family also wanted to ask to see if there was anything needed.
After that, I talked to him about the progress of the case: the degree of mediation, the attitude of the other party, that is, the victim's side, as well as the relevant legal provisions and judicial interpretations of the case (mainly to talk about some legal provisions that are beneficial to him, so that he has some hope for life).
In the middle of it, he asked a question: "If the verdict comes into effect, will the death penalty be carried out immediately?" ”
I told him that it would definitely not be possible to carry out the death sentence immediately, and even if it took effect, it would have to be submitted to the Supreme People's Court for a review of the death penalty. After all, there are indeed quite a few plots in your favor in this case.
Note: In fact, his idea is also very realistic, that is, his family's ability is far from enough to pay the compensation (a total of about 2 million yuan), and he can't bear to let his younger brothers and sisters pay these money, plus even if he is sentenced to a suspended death, he will have to stay in prison for about 20 years at least, and it is unknown whether he can live for another 20 years.
In fact, on the issue of compensation, there is another thing to consider: even if the person's younger siblings have the money, are their families allowed to exhaust all possible means to help the defendant?
Not necessarily.
There's a pattern here:
1.If something happens to the child, as a parent, I would rather go bankrupt and compensate the other party for the loss in order to obtain understanding.
2.If something happens to the parents, as a child, they may try their best to obtain understanding within the scope of their ability, but it is far from the level that parents have for their children.
3.If it's a sibling who has an accident, and the other siblings are willing to come forward and help, that's fine, and don't expect the siblings to break the bank to help.
In fact, this is human nature, and there is no right or wrong.
It is precisely because of the willingness of parents to protect their children unconditionally since ancient times that human beings (and even other animals) have thrived to this day.
However, even if the parties have already made it clear that if mediation is difficult, they should not mediate, and if they make mistakes, they will always have to pay the price.
However, I believe that the brothers and sisters of the person concerned will never sit idly by, and will certainly do their best to obtain the forgiveness of the victim's family.
At the very least, we must do our best to obey the destiny of God.
Otherwise, many years later, looking back on this past, it will definitely be a hurdle that cannot be overcome.
Author: Zou Yujie.
Founder of Nine Chapters Criminal Defense, founder of Anhui Lawyer Portal;
Director of the Criminal Committee of the Bozhou Lawyers Association, Director of Jinyatai (Bozhou) Law Firm, and ...... of Outstanding Legal Aid Lawyers
Goal: Twenty years of brute strength to save 100 lives!