Twenty-seven years ago, at the age of 18, he was sentenced to death by the court for hooliganism because he robbed a hat and had a fight with a friend. Twenty years ago, he was seriously ill and was released on parole for medical treatment. He got married and had children during his treatment in Beijing. 13 years ago, "hooliganism" disappeared from the criminal law forever; Six years ago, the prison police came to his house to take him away and put him back in prison to serve his sentence. He will serve another ten years for hooliganism, that is, by 2020, he will become the last "hooligan" in China.
Got a suspended death sentence for stealing a hat.
Niu Yuqiang, 1965, from Beijing. 1criminal judgment, written by Beijing Intermediate People's Court on April 28th, 984, recorded his "crimes": The first one was1one day in May, 983 (the original text has no specific time), Niu Yuqiang and several friends robbed a passerby's hat somewhere in Beijing; In the second case, Niu Yuqiang and his friend had a fight with several other people, but the judgment did not record what kind of damage was caused to the other party. According to these circumstances, Niu Yuqiang was sentenced to death with a suspended execution for "hooliganism". Several of his friends were sentenced to death for other crimes and were shot soon after.
At the end of 1984, 19-year-old Niu Yuqiang was taken to Shihezi prison in Xinjiang to serve his sentence. 1In April 1986, Niu Yuqiang's sentence was commuted to life imprisonment, and in June 1990, 18. During his imprisonment, Niu Yuqiang suffered from "cavitary tuberculosis". /kloc-0 was released on medical parole in June, 1990 and returned to Beijing. The following year, due to illness, the prison agreed to renew the insurance for one year.
Was "forgotten" during his release from prison.
Another year has passed in a blink of an eye. Strangely, the prison seems to have forgotten him and never sent anyone to Beijing again. But Niu Yuqiang reports his thoughts and activities to a police station in Chaoyang District at the beginning of each month. Whenever there is a major event or a major criminal case in Beijing, the police will go to his house to ask questions and persuade him as usual.
1997, Niu Yuqiang married the girl Zhu. Coincidentally, on July 1 day of that year, the new criminal law was formally implemented and the crime of hooliganism was deleted. According to Zhu, Niu Yuqiang has not been looking for a job. First, because of his poor health, he can't engage in manual labor. Second, according to the regulations on medical parole, prisoners are not allowed to engage in activities unrelated to treatment. The Niu family lives a tight life by working with his wife Zhu.
I was shocked to learn that I was wanted twice.
What no one expected finally happened.
One day in the summer of 2004, two Xinjiang policemen came to Niu Yuqiang's house and said that the prison had written or sent letters to the Beijing police many times, asking him to return to prison, and even wanted Niu Yuqiang twice on the Internet, but he didn't return for a long time and was listed as a fugitive, so he came to arrest him specially.
Niu Yuqiang and his wife were stunned at that time. They obviously stay at home and report their thoughts to the police station every month. How did they become fugitives? They rushed to the police station and asked the police about the situation. The film police turned on the computer and found that Niu Yuqiang was indeed wanted by the prison twice in 1999 and 200 1.
Niu Yuqiang argued that it was invalid and was arrested and returned to Xinjiang to serve his sentence. Soon, Shihezi Prison sent a notice to his family: After research, Niu Yuqiang's sentence was postponed from April 28, 2008 to April 28, 2020. Niu Yuqiang will be the last "rogue" to serve his sentence in prison.
Should I continue serving my sentence?
Just as Zhu was anxious to complain that her husband was sentenced, from mid-June this year 165438+ 10, the reporter discussed the information obtained by interviewing Niu Yuqiang with many legal experts or well-known lawyers in Beijing. Two completely different views were formed at the meeting.
Zhang Ping, a member of china law society Criminal Law Professional Committee, believes that Niu Yuqiang should continue to serve his sentence. Article 1997 of the new criminal law clearly stipulates that before the implementation of this law, the effective judgment made in accordance with the laws at that time will continue to be valid.
However, Zhou Ze, a former professor of Beijing Youth University for Politics and a lawyer of Beijing Tianwen Law Firm, expressed a completely different view: the original judgment of Niu Yuqiang's case should be revoked and retried. In his view, it seems absurd to let prisoners continue to serve their sentences for crimes that have long disappeared. "In the case of Niu Yuqiang, if it does not constitute a crime according to the new criminal law, or only needs to bear a lighter criminal responsibility, and has been sentenced to punishment or sentenced to a heavier punishment in the past, it is necessary to re-evaluate their behavior."