During the period from April 2065438 to April 2009, when the 20th Supervision Team of the Central Committee was stationed in Yunnan, Kunming destroyed a number of criminal gangs involved in black and evil, such as Sun. After Sun's series of cases were reported by the media, public opinion continued to ferment. Among them, Sun appealed after being sentenced to death in the first instance on 1998 for rape, forced insult to women, intentional injury, and provocation, and the death penalty was commuted in the second instance with a two-year suspension.
Somehow, while Sun was serving his sentence, the Higher People's Court of Yunnan Province initiated the retrial procedure and commuted Sun's sentence to 20 years' imprisonment. Subsequently, Sun was unusually commuted many times and was released from prison early on 20 10. Therefore, it is very necessary to start the trial supervision procedure to retry the case. First of all, the first retrial may be suspected of judicial corruption. According to the official notification of Yunnan Province, the relevant provincial and municipal case-handling departments are following the requirements of the Central Supervision Team and the Provincial Party Committee.
After Sun Zai 1998 was sentenced to death in the first instance for committing rape, he stepped up the investigation of illegal crimes such as second instance, retrial and commutation, and penalty execution. Relevant departments have taken lien measures against 1 1, including An, the former full-time member of the Judicial Committee of the Provincial Higher People's Court, the former vice president of the Judicial Supervision Court of the Kunming Intermediate People's Court, and Sun's important associates.
Judging from the current situation, the relevant case handlers are likely to have judicial corruption, abuse of power and other violations of law and discipline. According to Item (5) of Article 253 of the Criminal Procedure Law, if a judge commits corruption, bribery, favoritism and perverting the law, the people's court shall retry the case. Secondly, there are great doubts about the retrial results.
Sun was sentenced to death in the first instance and immediately executed. Later, he was sentenced to death in the second instance, suspended for two years, and then sentenced to 20 years in prison through retrial procedures. From the immediate execution of the death penalty to the suspension of death penalty and then to fixed-term imprisonment, the huge contrast between sentencing before and after will inevitably involve major changes in the court's determination of facts and the applicable law, which requires sufficient evidence support and legal basis.
In the case that the Higher People's Court of Yunnan Province has not issued the first retrial judgment and other relevant case materials, it is doubtful whether there are problems of fact finding and law application. This unusual revision is bound to arouse strong public doubts. According to article 254 of the Criminal Procedure Law.
If the presidents of the people's courts at all levels find errors in ascertaining facts or applying laws in legally effective judgments and rulings, they must submit them to the judicial committee for handling. After research, the Judicial Committee of Yunnan Higher People's Court held that the criminal judgmentNo. (2006) 12, which came into effect on September 27, 2007, was wrong in ascertaining the facts and applying the law.
The trial supervision procedure should be started to correct it. Finally, whether the judgment of the second instance is reasonable and legal should also be reviewed in this retrial procedure. Article 383 of the Interpretation of the Criminal Procedure Law stipulates that a case retried by a people's court in accordance with the procedure of trial supervision shall be tried around the reasons for deciding on retrial. When necessary, the facts, evidence and applicable laws identified in the original judgment or ruling shall be comprehensively reviewed.
This case has gone through first trial, second trial and retrial, and this retrial is "retrial". In addition to reviewing the final retrial judgment, it is also necessary to conduct a comprehensive review of the facts, evidence and applicable laws identified in the first and second trials. Because Sun was sentenced to death in the second instance, with a two-year suspension of execution, there are different views from all walks of life. Therefore, whether the second-instance revision is legal and reasonable needs a detailed review.
In view of this consideration, the Higher People's Court of Yunnan Province specifically pointed out in its press release that the criminal judgment of the second instance will be reviewed together in the retrial procedure. Fairness and justice are the lifeline of law enforcement and judicial work and the people's most basic expectation for the rule of law. Not only to achieve, but also to achieve in a way that the people can see.
On the one hand, finding out and correcting Sun's case through retrial procedure in accordance with the law is conducive to carrying out the special struggle against evil and digging deep into the umbrella behind evil forces. Deepening the anti-corruption struggle, purifying the social air and restoring social peace show the determination of the CPC Central Committee to eliminate evils, safeguard the party's ruling image, consolidate the party's ruling position, and further establish a good image of the party, government and cadres.
On the other hand, the case has aroused widespread and high social concern. Starting the retrial procedure in time can effectively respond to the social concern about the case, restore the truth, give a confession to the society, protect the legitimate rights and interests of the people, and ensure judicial justice and legal dignity.
20191kloc-0/4. The Yunnan Provincial High Court tried the case of Sun's rape, forced insult to women, intentional injury and provocation. After Sun was released from prison, he was prosecuted by the procuratorate of Yunnan Province for the crime of suspected underworld organization. The supervisory organs and procuratorial organs of Yunnan Province transferred the public officials and important related persons Sun suspected of duty crimes to review and prosecute according to law.
2019165438+1On October 6th and 7th, Yuxi Intermediate People's Court held a public hearing to hear the case of Sun Yi. He was sentenced to 25 years in prison at first instance. 12 17 The Higher People's Court of Yunnan Province publicly pronounced the case of Sun's organization, leadership, participation in underworld organizations and other crimes in the second instance, dismissed the appellant Sun's appeal and upheld the original judgment. 65438+On February 23rd, Yunnan Higher People's Court publicly pronounced Sun's retrial case and decided to execute the death penalty.