At the beginning, the police found from the scene of the murder that Wu was able to quietly and successfully conceal his mother's death for half a year after killing her mother. During this period, his high IQ was brought into full play. First of all, he forged his resignation letter by copying his mother's diary, which helped her resign smoothly. Not only that, he also generously hosted a resignation party for his mother and invited her colleagues to attend. Under his careful arrangement, friends and relatives around him began to believe that Xie went to the United States to accompany his son who graduated from Peking University. As the saying goes, light and darkness make sense. The closer you are, the more you can't believe it. How could a perfect teenager do such a thing to a mother who has suffered so much?
However, paper can't wrap fire. On February 4th, 20 16, 16, Xie's relatives called the police, opened the middle school dormitory where Wu's mother Xie lived, and later found Xie killed at home. The scene is shocking. The victim's body was wrapped in layers of activated carbon, and a surveillance camera was found at the crime scene. After investigation by the police, it was found that the murder case actually happened in July 1 1 and 20 15 six months ago, and Xie's son Wu was suspected of committing a major crime. After many efforts, on April 2, 2065438, Kloc-0, Wu was arrested and brought to justice by the public security organs, with more than 30 ID cards, all of which were purchased through the Internet. In fact, he has been active in China for three years and has never been abroad. When asked about his motives, he actually said it was to save his mother! This made netizens shudder when they heard it. I can't believe that such people are my relatives and friends. How horrible.
Finally, the verdict of the first instance is: 1. Defendant Wu committed the crime of intentional homicide, sentenced to death and deprived of political rights for life; 2. He was convicted of fraud, sentenced to 11 years in prison and fined RMB 100,000; 3. He was convicted of buying and selling identity documents, sentenced to three years' imprisonment and fined RMB 3,000. Combined punishment for several crimes, decided to execute the death penalty, deprived of political rights for life, and fined RMB103,000 yuan. After the verdict was pronounced, the defendant Wu refused to accept the appeal.
Today's news is that Wu's second trial was suspended for irresistible reasons in accordance with Article 206, Paragraph 1, Item 4 of the Criminal Procedure Law of People's Republic of China (PRC).
So, what does this law stipulate? Let readers and Jinbao's daily statement look at the relevant legal provisions:
Article 206 of the Criminal Procedure Law of People's Republic of China (PRC) * * * During the trial, if the trial cannot be continued for a long time under any of the following circumstances, the trial may be suspended:
(1) The defendant is seriously ill and cannot appear in court;
(2) The defendant escaped;
(3) The private prosecutor is unable to appear in court due to serious illness, and has not entrusted an agent ad litem to appear in court;
(4) Due to irresistible reasons.
After the reasons for suspending the trial disappear, the trial shall be resumed. The time limit for suspending the trial is not counted in the trial time limit.
From this, we know that in the criminal trial, the case of the defendant who was seriously ill and escaped was suspended. There is also a case of private prosecution, in which the plaintiff was seriously ill and no client appeared in court, and the case was suspended. In the past, Jin Bao said that he had written articles similar to popularizing the law. Some readers reminded Jinbao that the daily statement was misspelled, and it should be to terminate the trial, not to suspend the trial. In fact, adjourning the trial is the right word. As the name implies, the so-called suspension of the trial means that the case stops to a certain extent. It means to suspend the trial, not to end it. When some reasons leading to the suspension of the trial disappear, the case will continue to be tried. And ending the trial means that there is no need to try this case. For example, the death of the defendant means the end of the trial, and even the judgment is unnecessary!
The reason for the suspension of the trial in this case is the fourth reason, that is, the fourth reason, the irresistible reason. The so-called force majeure generally refers to the objective situation that must exist independently of human behavior and is not transferred by human will. We often talk about specific examples of force majeure, such as earthquakes, tsunamis, flash floods, social unrest, wars, epidemics, etc. , probably just this one. After the force majeure disappears, the case will continue to be tried.
So what do you think of this matter? Welcome to express your views and ideas!