Xie Caiping was commuted for meritorious service.
Hong Tao: In the trial of Xie Caiping and other triad-related cases, we adhere to the Party's criminal trial policy of combining leniency with severity. The strictness is strict, the width is wide, and the width is wide, focusing on the effect. "Leniency" refers to giving a lighter, leniency and exemption from punishment to defendants with minor or lenient criminal circumstances, so as to divide and disintegrate criminals and increase social harmony factors; "Strictness" refers to severely punishing defendants with serious and aggravated crimes according to law, so as to deter and prevent crimes, maintain social stability, and reduce and eliminate disharmonious factors.
The principle of China's criminal law is the principle of a legally prescribed punishment for a crime. Among the charges in this case, except for the death penalty for accepting bribes and life imprisonment for bribery, all other charges are fixed-term imprisonment. Defendants Guo Sheng and * * * both accepted bribes of RMB180,000. According to the amount, circumstances and social harmfulness of their crimes, they have not reached the point where the circumstances are particularly serious and need to be sentenced to life imprisonment or death. They were sentenced to fixed-term imprisonment of more than 654.38+00 years respectively, which reflected their crimes. However, Xie Caiping and others committed the crime of accepting bribes, and the circumstances were serious. The statutory penalty was more than 5 years of dissatisfaction 10 years. However, for the crime of active public prosecution, we will give a mitigated punishment of less than five years according to the statutory lighter and mitigated circumstances. Defendant Xie Caiping was convicted of organizing and leading an underworld organization, found guilty, illegally detained, sheltered others and accepted bribes, and decided to execute fixed-term imprisonment 18.
In this case, leniency was considered when the specific punishment was applied to some members who participated in underworld organizations and had the circumstances of accomplice, surrender and meritorious service. For example, after the defendant Zhao Bo was brought to justice, he helped the public security organs to capture Xie Caiping and Luo Xuan, and was recognized as having made significant contributions. We fully reflected the policy when sentencing. After Luo Xuan was brought to justice, he helped to arrest criminals suspected of fraud, which constituted meritorious service and was given a lighter punishment in specific sentencing. The defendant, Tang Xiaoqing, was sentenced to fixed-term imprisonment for intentional crimes, and was sentenced to more than fixed-term imprisonment within five years after serving his sentence, which constituted a recidivist. When sentencing, a heavier punishment shall be given according to the circumstances of other crimes. These are the concrete application of the policy of combining leniency with severity, which makes the crime and punishment fit.
It is only more than half a month from the trial to the verdict. Can the trial be fair and reasonable?
Quality first, giving consideration to efficiency.
Can stand the test of law, people and history.
Hong Tao: This case is composed of the presiding judge of the first collegial panel and the acting judge Ma. All the members of the collegial panel have rich criminal trial experience of more than 15 years, and have presided over major cases involving black and evil that have aroused widespread concern in Yuzhong District, Jiulongpo District and Yongchuan District. Equipped with two clerks with high comprehensive quality and strong ability to record court trials, one of whom has a master's degree. In order to ensure the conclusion of the case, the trial team worked overtime to review the evidence and get familiar with the case from the beginning of accepting the case. After the recess, review and accurately apply the law in time, and carefully study the facts, evidence and plot, so that every fact is supported by sufficient evidence, and the evidence must be sufficiently relevant to prove the accused facts.
On the day when the case was accepted, the members of the collegial panel served the defendant with a copy of the indictment and a summons for opening the court in time, and specially made a Notice of the Defendant's Litigation Rights and Obligations, which introduced and explained in detail the defendant's rights of avoidance, defense, proof, cross-examination and final statement at the trial stage, so that the defendant had a clear understanding of the court proceedings and related rights. Afterwards, the defendant's request to hire a defender was conveyed to the defendant's relatives in time, and the specific situation of each defendant's defender was implemented, which provided convenient conditions for the defender to meet the parties and fully guaranteed the legal rights of the participants in the proceedings.
In order to implement the principle of open trial, we also invited some NPC deputies and CPPCC members to attend the trial and supervise the trial, and at the same time ensured that the relatives of the defendant attended the trial, which probably ensured the openness of the trial. During the trial, the presiding judge and the judge maintain a neutral image, handle affairs impartially, promptly stop improper questions and remarks made by both the prosecution and the defense during the trial, and make timely decisions on whether to support or not to support the objections raised by both parties.
During the trial, we pay attention to civilized law enforcement. The bailiff's task is serious and standardized, showing humanistic care for the defendant. Because of the large number of people and the long trial time, we provided the defendant with seats, mineral water and proper rest conditions. In order to prevent accidents, we have also specially equipped a medical aid kit, equipped with commonly used drugs and instruments for measuring blood pressure and temperature in case of emergency.
We insist on putting the quality of the case first, giving consideration to efficiency, not sacrificing the quality of the case for efficiency, and strive to make this triad-related case an ironclad case that can stand the test of law, people and history in accordance with the general requirements of "legality, justice, civilization and efficiency".