Yesterday (4th), the case of "gun-shaped key chain" which attracted much attention from the society was pronounced in the Intermediate People's Court of Anshan City, Liaoning Province. There are 15 defendants in this case, among whom 3 were sentenced to 3 to 4 years' imprisonment for the crime of illegally manufacturing, trading and mailing guns, and the rest 12 were exempted from criminal punishment. Several defendants appealed in court. In recent years, similar gun cases have been widely concerned by the society. Are there clear and unified punishment standards in relevant laws and regulations? What advice do industry lawyers have?
The case of "Gun Keychain" was pronounced in the first instance.
Three people were sentenced for the crime of illegally manufacturing, trading and mailing guns.
In 20 12, Li Moulong bought a gun-shaped key chain pendant from abroad through the internet, and from 20 13, he entrusted his business partner Xu Mouhua to copy and make the key chain as a prototype.
On July 3, 2065438, Kloc-0, Li Moulong was taken away from his home in Fujian by the police in Anshan, Liaoning. The detention notice received by his family showed that he was criminally detained by Tiexi Public Security Bureau of Anshan Public Security Bureau of Liaoning Province on suspicion of illegally buying and selling guns.
Li Moulong's wife, Ms. Chen, said that they were selling mini gun-shaped key chains. The key chain is 4 cm long, about half of the middle finger. Mainly used for collection, the price ranges from several hundred yuan. There has never been a wounding incident before.
Li Moulong's wife: Although it has the function of firing, we don't make gunpowder, ammunition and the like, but only collect key chain pendants for sale.
△ The picture shows the "gun-shaped key chain" involved in the case, and the picture comes from the family members of the parties.
The court of first instance held that Li Moulong, Xu Mouhua and Liang Mou were the principal criminals who illegally manufactured, bought, sold and mailed 78 guns and 33 gun parts in violation of the laws and regulations on gun management, and their actions constituted the crime of illegally manufacturing, buying and selling and mailing guns, and the circumstances were serious. In view of the fact that the guns manufactured, sold and mailed by them are only used for decoration and have not caused serious social harm and consequences, they can be sentenced to a penalty below the statutory penalty according to law. According to the criminal judgment, in the end, the three principals were sentenced to three to four years in prison respectively.
In addition, the defendant 12 did not cause serious social harm and consequences, and the circumstances of the crime were minor, so he could be exempted from criminal punishment according to law.
Lawyer Li Moulong said that the total length of the gun involved in this case is only 4 cm, and the bullet is less than 2 mm. Can it be called a gun and can it mechanically adapt to the standard of 1.8 (muzzle specific kinetic energy)? This is worth discussing.
Yang Weihua: My client said in court that he would appeal, and we think the appeal is reasonable. Because the size of the items involved is too small, in this case, no matter from the gun label or caliber, the items involved should be identified as toys, not guns.
"What is a gun" sparked a discussion.
Lawyer: The standards of gun identification need to be further standardized.
Because of this case, the question of "what is a gun" has caused a lot of discussion.
In recent years, China has adopted the method of measuring muzzle specific kinetic energy. When the muzzle specific kinetic energy of a non-standard gun is greater than or equal to 1.8 Joule/cm2, it is regarded as a gun, which is nearly 10 times lower than the previous method of drying loose wood.
A number of legal professionals interviewed by reporters said that this standard is the source of many gun-related cases in recent years. In these cases, the parties insisted that it was a "toy gun", but the judicial organs identified it as a "gun" for criminal prosecution. They believe that it should be judged according to actual injuries, subjective and objective intentions and other factors.
The lawyer of the equity partner of Zhejiang Law Firm said, "In criminal cases involving guns, the relevant provisions of the Ministry of Public Security should not be mechanically applied in judicial practice, and mechanical justice should be eliminated in combination with social harm and other factors."
Lawyers who have represented more than a dozen gun-related cases believe that the key to evaluating this case lies in whether the gun-shaped keychain sold by Li Moulong is harmful enough to cause death and injury. However, in practice, the criteria for identifying guns by investigation organs still need to be further clarified and standardized.
The lawyer said that the judgment in this case stated that the appraisal institutions and appraisers had qualification certificates issued by the Ministry of Public Security, which was in conflict with the Decision on the Administration of Judicial Appraisal of the National People's Congress Standing Committee (NPCSC) (implemented in June 5438 +2005 10). Article 3 of the decision makes it clear that the appraisers and appraisal institutions shall be registered and managed by the national judicial administrative department and then changed to the filing system. However, in criminal proceedings, if there is no qualification or filing of the Ministry of Justice, its appraisal results cannot be used as the basis for criminal trials.