If the victim is at fault, the victim's family will not pursue and plead guilty, and the attitude of pleading guilty is good, and the child needs to be looked after, so probation can be realized.
There has been a precedent of probation for intentional homicide within the family in China. So this possibility is very large.
In order to win probation, we must first ensure that we are sentenced to three years in prison, which is the minimum penalty for intentional homicide.
Conditions: the victim is at fault, the victim's family does not pursue it, does not plead guilty, has a good attitude of pleading guilty, and people around him,
The women's Federation wrote a letter to plead.
There are many cases of intentional homicide due to domestic violence in China, and cases of suspended sentences have long existed.
The so-called lawyer upstairs said so seriously that he probably wanted to take over business. Let you go. Please let him go.
Intentional homicide in Liu Shuang, Hunan:
Unable to stand her husband's long-term domestic violence, Changsha woman Liu Shuang strangled her husband Zhang Shuhao with wires and turned herself in. Changsha Intermediate People's Court sentenced Liu Shuang to "fixed-term imprisonment of 12 years and deprivation of political rights for 2 years" for intentional homicide (this newspaper reported on March 6). The reporter learned from the Provincial High Court today that after repeated collegial panel deliberations, the Provincial High Court changed Liu Shuang's sentence to "3 years' imprisonment and 4 years' probation" according to law.
Liu Shuang and Zhang Shuhao got married in 2000. After getting married, Zhang Shuhao has never had a proper job or a fixed income. She relies on Liu Shuang to make a living. Moreover, Zhang Shuhao often drinks and beats and scolds his wife. Liu Shuang filed for divorce many times, and Zhang Shuhao threatened to retaliate against Liu Shuang and his family. At 2 o'clock in the morning of July 27th, 2006, Zhang Shuhao drenched Liu Shuang with a bucket of gasoline after drinking, and took out a lighter to light it. Liu Shuang grabbed the lighter and called the police. The local police station went to the scene to mediate and left. In the afternoon, Zhang Shuhao, who had drunk too much, came home and scolded Liu Shuang again, blaming her for not calling the police, and threatening to burn down the house and throw Liu Shuang and her daughter from the third floor. When Zhang Shuhao fell asleep after drinking, Liu Shuang picked up the charger wire and strangled it. At 5 pm, she surrendered herself to the public security organ.
Intentional homicide in Liu Yun, Hunan;
This is a typical "violence against violence". His wife Liu Yun (a pseudonym) has been abused by her husband for a long time. She accidentally killed her husband for fear that he would beat, curse and threaten her life. Surprisingly, my in-laws who are nearly sixty years old actually cried and pleaded with the judge for her!
In the detention center, Liu Yun, full of remorse, sent a letter of help to the Hunan Women's Federation, and the Women's Federation sent a letter of recommendation to the Provincial Higher People's Court.
Recently, the Hunan Provincial High Court sentenced Liu Yun to three years' imprisonment and suspended for four years for committing intentional homicide.
The presiding judge of the case believes that the case has specimen significance in the whole province. The case of husband abuse and murder in Liu Yun is the lightest and the first case of its kind in the province.
Supplement: How to fight for this case to reduce this woman's crime? Yesterday, a lawyer said that if 1998 committed a crime, the sentence will be much heavier and may be sentenced to life. But I also studied law. The new criminal law came into effect on September 1997, and should be handled according to the principle of lighter punishment for the old. 1998 is it impossible to strike?
As for mitigating punishment, I have said above: the victim is at fault, the victim's family does not pursue it, does not plead guilty, has a good attitude of pleading guilty, and people around him,
The women's Federation wrote a letter to plead.
You study law. I believe your teacher told you to lighten the plot when you were studying criminal law.
Begging for mercy is less harmful to society and the nature of the crime is not bad. A good guilty attitude can be lightened or mitigated.
As for what the lawyer said, there are three possibilities: 1. Nowadays, lawyers usually exaggerate the consequences to scare their families and finally let him defend them. 2. Lawyers don't know how to be lenient with others. 3. 1998 may have issued a document to crack down on intentional homicide.
1998, Zhu Rongji launched a crackdown. The content is: crack down on smuggling, pornography, gambling and drugs and major vicious violent crimes.