[Summary of Views] The key to the law enforcement problem in the Sun Xiaoguo case is not the reduction of sentence in prison, but the previous illegal re-sentence. Although Sun Xiaoguo made many mistakes in his sentence during his sentence, he did not violate the law overall.
Yesterday, a news attracted the author's attention . A reporter learned from the Yunnan Provincial Two Sessions on the 28th that the Yunnan Provincial Court carried out in-depth warning education to learn from the profound lessons of the Sun Xiaoguo case, and investigated all major cases and major official crimes tried by the Yunnan High Court. 19 public officials and important related persons involved in the Sun Xiaoguo case were subject to legal sanctions, and 12 prosecutors who failed to perform their supervision responsibilities were held accountable. In 2020, courts across the province retried and re-judged 409 cases, and investigated and dealt with 136 police officers who violated discipline and laws.
Speaking of the Sun Xiaoguo case, it has caused a sensation across the country, and everyone knows about . This person was sentenced to death in 1998 for multiple felony crimes. However, after a series of illegal operations by his family and his relatives, Sun Xiaoguo was actually sentenced to a term and received multiple commutations. He was released from prison in April 2010 and actually served only 13 years in prison. After being released from prison, he remained vicious and committed many crimes. He was arrested again in 2019 and sentenced to death. He was executed on February 20, 2020, ending his legendary and extremely evil life.
The focus of Sun Xiaoguo case, many people pay attention to and discuss it is often the outrageous plots of Sun Xiaoguo's crime, or how his family and his relationship person can make great achievements in reaping people from prison. The author focuses on the legal enforcement process, from trial to serving sentences, laws and policies . How did the Sun Xiaoguo case take advantage of legal loopholes, escape from death and be released in advance?
Let’s first pay attention to the prison’s sentence reduction system.
Chinese law has strict regulations and restrictions on prison sentence reduction. It should be based on the fact that the prisoner has remorse or meritorious performance. Not all prisoners can enjoy the treatment of commutation of sentence. The conditions and range of commutation of sentences are limited to maintain the stability of the original sentence. According to the provisions of my country's Criminal Law, commutation of sentences can be divided into two situations: "can be commuted for sentences" and "should be commuted for sentences".
"Can be reduced in sentence" requires criminals to meet the two substantive conditions: repentance or meritorious service . The main manifestations are: (1) expose or report criminal activities inside and outside the prison, or provide important clues to solve the case, which are verified to be true; (2) prevent others from committing criminal activities; (3) carry out technological innovation in production and scientific research, and have outstanding achievements; (4) show positive performance in emergency rescue and disaster relief or the exclusion of major accidents; (5) other outstanding deeds that are beneficial to the country and society.
The substantive condition for "sentences should be reduced" is to have significant meritorious achievements. The main basis for is: (1) to prevent other people from committing major criminal activities. (2) Report major criminal activities inside and outside the prison. (3) There are inventions or major technological innovations. (4) Sacrifice oneself to save others in daily production and life. (5) There are outstanding performance in resisting natural disasters or eliminating major accidents. (6) Those who have made other significant contributions to the country and society.
Sun Xiaoguo received a commutation of sentence based on his invention. There is nothing wrong with 's reduction in sentence due to the invention. The problem is that the invention is not Sun Xiaoguo's own invention, but the use of others' achievements. Moreover, the invention is a utility model patent for manhole covers, which does not meet the standards for major meritorious service, so the commutation of sentence is flawed and does not meet the regulations.
Law strictly limits the amount of sentence reduction for criminals . According to regulations, if there is indeed repentance or meritorious performance, the sentence will generally be reduced by no more than 1 year in one sentence. If there is indeed repentance and meritorious performance, or major meritorious performance, the sentence will generally be reduced by no more than 2 years in one sentence; if there is indeed outstanding repentance or meritorious performance, the sentence will not exceed 2 years in one sentence; if there is outstanding repentance and meritorious performance, the sentence will not exceed 3 years in one sentence.
Law has strict restrictions on the starting time for criminals to commutate sentences. In order to test whether the inmate has indeed repentance or meritorious service, it must go through a certain period of sentence and observe. It is impossible to reduce sentence immediately after serving sentence. According to regulations, the starting time for a prisoner sentenced to fixed-term imprisonment is: criminals sentenced to fixed-term imprisonment of more than five years can generally be reduced only after being executed for more than one and a half years. Life imprisonment If a criminal commits another crime during the execution of the sentence and is sentenced to less than fixed-term imprisonment, he or she will generally not be given a commutation of sentence within two years from the date of the new crime judgment; if a criminal is sentenced to life imprisonment for the new crime, the commutation of sentence shall be appropriately extended.
The law has strict restrictions on the interval for commutation of sentences for criminals. For criminals sentenced to fixed-term imprisonment of more than 5 years, the sentence can be reduced only after execution of more than 1 year. The interval between two sentences is generally more than 1 year. The interval between criminals sentenced to fixed-term imprisonment of more than 1 year is generally not less than 2 years after one reduction of 2 to 3 years in prison. When the sentence is reduced again, the interval between the sentence shall generally not be less than 2 years. It is also stipulated that if there are indeed major meritorious achievements, they may not be subject to the above time limit.
The law has strict restrictions on the total amount of sentence reduction for criminals. According to the provisions of my country's Criminal Law, the sentence of the actual sentence after the commutation of sentence shall not be less than 1/2 of the original sentence; the sentence of life imprisonment shall not be less than 13 years; for criminals who have a two-year reprieve of death sentence, the sentence of life imprisonment shall not be less than 25 years after the expiration of reprieve of , and the sentence of fixed-term imprisonment shall not be less than 20 years after the expiration of reprieve of , and the sentence of fixed-term imprisonment shall not be less than 25 years after the expiration of reprieve of 25 years, the sentence of fixed-term imprisonment shall not be less than 20 years after the expiration of reprieve of 25 years.
It is reported that due to fear of the above restrictions on the reduction of sentence by law, was used to disguise people by changing prisons during the period of serving his sentence to avoid being discovered or reduce the supervision pressure of policy restrictions. He was first given a three-time sentence reduction in prison, and twice after being transferred to prison. Through multiple sentence reductions, Sun Xiaoguo actually served 12 years and 5 months in prison.
Despite this, the author wants to objectively 's said: Although Sun Xiaoguo has been commuting his sentence many times and has process flaws or non-compliance, overall, it does not obviously violate . Because according to the law, Sun Xiaoguo's sentence of fixed-term imprisonment is 20 years after the re-sentence, and he can be released by commutation of sentence after half of the sentence (more than 10 years). Sun Xiaoguo was arrested in 1997 and was released from prison in April 2010. He has actually served more than 10 years in prison.
In fact, the key to the law enforcement issue in the Sun Xiaoguo case is not the reduction of sentence in prison, but the illegal change of sentence. , in the case of a serious case, was sentenced to death in the first instance, and without any ease or reduction, he skipped the two sentencing levels of death sentence and life imprisonment, and changed it to multiple crimes and was sentenced to 20 years in prison. This is not discussed or discussed in detail here.
Unfortunately, after Sun Xiaoguo was released from prison, he remained vicious and went on the road of crime again, so he was sentenced to death for the second time. In this case, it is a recidivist. According to regulations, probation and parole cannot be applied, and severe punishment must be imposed. So, no doubt, was sent to the guillotine. The relevant responsible persons who illegally change sentences and commutate sentences behind the scenes are also subject to criminal and administrative prosecution.
law net is vast and unlimited without leaking. Through the Sun Xiaoguo case, it is not difficult to find that the law is fair and reasonable, and different provisions are made according to different circumstances, achieving the greatest balance and unification of in the two goals of protecting human rights and combating crime.
In fact, the new generation of national leaders attaches great importance to the rule of law. In recent years, the country's laws and regulations have been constantly revised and improved according to the actual development of society. The anti-corruption and corruption efforts are unprecedentedly strong, and the social atmosphere is constantly moving towards the path of integrity and integrity.
believes that through the Sun Xiaoguo case, criminal punishment and violations of discipline accountability, the once unhealthy atmosphere in the Yunnan judicial system has been curbed. The trial and execution of the Sun Xiaoguo case in 2019 adhere to the principle of openness, fairness and transparency. "Sun Xiaoguo Case" was also selected as the "Top Ten Legal Supervision Cases of 2019", written into the "Two Highs" work report, and was used as a typical case to carry out legal publicity.
Here is [Human Living Room]. Welcome to follow this account, leave a message online, ask questions, and participate in the discussion.
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-