An illegal building demolition led to two murders!
20 18 10 18, construction workers in Pudong, Shanghai are demolishing an illegal building on Changqing Road. There are two bodies hidden in the house! The construction party then quickly reported the police!
After investigation, the police arrested Wang and Zheng who rented here.
After verification, 1998, Wang rented this illegal house on Changqing Road and opened a private real estate agency. Later, he conspired with Zheng to trick two elderly customers who came to entrust the sale of houses into an intermediary company, killed them and hid them in the house, robbing them of more than 80 thousand yuan.
According to the reporter's interview, after the two victims were killed, the family of one of them has been looking for the missing relatives for 20 years. They went around asking for help and appealing, trying to find his whereabouts through the information of selling houses. Another victim offended his sister by disposing of the house without authorization. After the family relationship was tense, his family always thought that the victim had sold his house and returned to his hometown in Jiangsu.
At the same time, among the second wives of the suspect Zheng, her husband is a good husband who cares for his family. She didn't know that the man beside her bed had committed a heinous crime!
At this time, the case was solved, but in the subsequent trial, a new situation appeared!
Is this case still overdue? The judge said so after the investigation!
During the trial of the case, the defender suggested that this case may have exceeded the prosecution period, because the crime was committed in the spring and autumn of 1998, and the two defendants were arrested in June 2020, which has exceeded the prosecution period for 20 years.
First of all, we must first understand what is the limitation of prosecution.
Limitation of prosecution. According to Article 87 of the Criminal Law of People's Republic of China (PRC), the limitation of prosecution refers to the effective period of criminal responsibility stipulated in the Criminal Law. If a crime exceeds the limitation period for prosecution, criminal responsibility shall not be investigated. China's criminal law stipulates that crimes exceeding the following time limit shall not be prosecuted:
(1) If the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years;
(2) If the statutory maximum penalty is more than five years but less than 10 year, 10 year has passed;
(3) If the statutory maximum penalty is fixed-term imprisonment 10 years or more, after 15 years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it must be reported to the Supreme People's Procuratorate for approval. If the above-mentioned time limit is exceeded, the limitation of prosecution shall be terminated and no further prosecution shall be conducted. The limitation of prosecution shall be counted from the date of the crime, and if the crime continues or continues, it shall be counted from the date of the end of the crime. Those who evade investigation or trial after the people's procuratorate, public security organ or state security organ files a case for investigation or the people's court accepts the case are not limited by the time limit for prosecution. If the offender commits another crime within the time limit for prosecution, the limitation period for prosecution of the former crime shall be counted from the date of committing the latter crime.
At the same time, the court has a new recognition after trial!
Wang Zai 1998 committed the crime of fraud in 2009, and the prosecution period of the former crime is counted from the date of the latter crime, that is, 2009. In this way, when Wang was arrested, he did not exceed the time limit for prosecution and must be punished by law! At the same time, robbery is a consequential crime, and the starting time should be the date when the result occurs. The time when they received the house payment was later than1998165438+1October 23rd, so Zheng did not exceed the prosecution period when he was arrested! Sentenced! One death penalty, one reprieve.