In the case of insulting the mother at the bottom line, Lei Xingyu caused one death, one serious injury and two minor injuries, which is a case that may be sentenced to life imprisonment or death. The public security organ shall record and video the interrogation process.
Article 208th of the Procedures for Handling Criminal Cases by Public Security Organs stipulates that when interrogating a criminal suspect, you can record and video the interrogation process while writing. For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, audio and video recordings shall be made of the interrogation process.
The term "cases that may be sentenced to life imprisonment or death penalty" as mentioned in the preceding paragraph refers to cases in which statutory punishment or sentencing grades include life imprisonment and death penalty. "Other major criminal cases" refer to crimes that seriously endanger public order and seriously infringe on citizens' personal rights, organized crimes of underworld nature, serious drug crimes and other major intentional crimes that cause serious injuries and deaths.
If the interrogation process is recorded or videotaped, it should be continued during each interrogation process to maintain its integrity. No selective records, no editing or deletion.
Article 25 of the Criminal Procedure Law: A criminal case shall be under the jurisdiction of the people's court of the place where the crime was committed. If it is more appropriate to have the case tried by the people's court of the defendant's domicile, it may also be under the jurisdiction of the people's court of the defendant's domicile.
The case of "Bottom Line" insulting mother was committed in a company in Yeongju City, and Lei Xingyu's residence was also in Yeongju City, so the case should be under the jurisdiction of Yeongju City Court.
Article 2 1 of the Criminal Procedure Law: The Intermediate People's Court has jurisdiction over the following criminal cases of first instance: (1) Cases endangering national security and terrorist activities; (2) Cases that may be sentenced to life imprisonment or death penalty.
In the case of "Bottom Line" insulting mother, Lei Xingyu caused one death, one serious injury and two minor injuries, and may be sentenced to more than life imprisonment, which should be under the jurisdiction of the intermediate people's court.
Combined with the above-mentioned provisions on territorial jurisdiction, it is finally determined that the jurisdiction court of this case is Rongzhou Intermediate People's Court.
Paragraph 3 of Article 35 of the Criminal Procedure Law: If a criminal suspect or defendant may be sentenced to life imprisonment or death, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
Applying the third paragraph of Article 35 of the Criminal Procedure Law to obtain legal aid needs to meet the following two preconditions:
The first is the penalty condition, that is, the suspect or defendant may be sentenced to life imprisonment or death penalty.
Lei Xingyu was very satisfied with the fact that the "bottom line" humiliated his mother.
The second is the realistic condition, that is, there is no entrusted defender.
In other words, if a criminal suspect or defendant entrusts a defender, it does not belong to the situation that legal aid should be provided. If Brother Orange didn't miss the plot, the first trial didn't tell everyone whether Lei Xingyu's family entrusted a defender for him.
In the following plot, that is, the second trial, Song Yufei learned from his assistant that Jia Lei hired a well-known criminal defense lawyer for Lei Xingyu from Beijing, and it was expensive. Brother orange guessed that the possibility of Lei Xingyu's legal aid defense in the first instance should be very low, and the high probability is that his family is his entrusted defender, which should be two.
legal ground
Article 35 of the Criminal Procedure Law If a criminal suspect or defendant fails to entrust a defender due to financial difficulties or other reasons, he or his near relatives may apply to a legal aid institution. To meet the conditions of legal aid, legal aid institutions shall appoint lawyers to defend them.
If the criminal suspect or defendant is a mental patient who is blind, deaf, dumb or has not completely lost the ability to identify or control his own behavior, and has not entrusted a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.
If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him.