The criminal Fu, male, born on10.5, 1993, is a Tujia nationality with junior high school education and lives at No.70 Fengmingta Neighborhood Committee, Yuanling Town, Yuanling County, Hunan Province. He is currently serving his sentence in Huaihua Prison, Hunan.
The Intermediate People's Court of Huaihua City, Hunan Province made (20 15 16 5438+05) No.40 criminal incidental civil judgment, sentenced the defendant to death, suspended execution for two years, and deprived him of political rights for life. He was convicted of theft, sentenced to two years in prison and fined RMB 10,000. Decided to execute the death penalty, suspend execution for two years, deprive political rights for life, and impose a fine of RMB 10,000, limit the commutation of the defendant Fu, and compensate the plaintiff for the funeral expenses of incidental civil action of RMB 24,264 (paid). The defendant refused to accept the appeal. On March 6th, Hunan Higher People's Court made (20 16) criminal ruling No.29, which rejected the appeal and upheld and approved the original judgment. The death penalty shall be suspended from March 8, 2065438 to March 7, 2065438, and delivered for execution on May 20, 2065438.
Changes in the execution of sentences during imprisonment: None.
During the suspended execution of the death penalty, the criminal did not intentionally commit a crime. The specific facts are as follows:
Fu, a criminal with schizophrenia, is currently receiving treatment in Yueyang prison. Since 20 16, he has been able to plead guilty and repent, earnestly abide by laws and regulations and prison rules and regulations, and accept education and reform. Actively participate in ideological, cultural and vocational and technical education. By the end of March 20 18, I was praised twice, with 540 points left. The above facts are confirmed by the criminal's confession and repentance, the criminal appraisal form, the statistical ledger of criminal appraisal rewards and punishments, the criminal appraisal form of rewards and punishments and the criminal appraisal form of commutation.
To sum up, criminals did not intentionally commit crimes during the suspended execution of death penalty. According to the second paragraph of Article 250 of the Criminal Procedure Law of People's Republic of China (PRC), the first paragraph of Article 50 and the first paragraph of Article 57 of the Criminal Law of People's Republic of China (PRC), it is suggested that Fu's death sentence be suspended for two years, and the deprivation of political rights be reduced to life imprisonment for life. Specially submitted for review and ruling.
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Higher People's Court of Hunan Province