On the same day, the defense lawyer in the death penalty review stage of the old Rong Zhi case said that it was not convenient to disclose the specific situation.
According to an earlier report by Dawan News, the defense lawyer of the death penalty review in the old case said that the review court also gave feedback to the lawyer, and the lawyer requested the Supreme People's Procuratorate to conduct procuratorial supervision on the death penalty review in the labor case. The Supreme People's Procuratorate received and contacted the review court, and will conduct procuratorial supervision as the case progresses.
Which stage does this mean that the old Rong Zhi death penalty review has entered?
On March 24th, Li Changqing, the chief lawyer of Beijing Jinggu Law Firm, told this newspaper that this meant that the case was coming to an end. After the death penalty is approved, it will be issued to the court of first instance step by step and enter the execution stage. If the death penalty is not approved, it shall be sent back to the court for retrial.
Deng Xiangrui, a well-known criminal defense lawyer and associate professor of Hunan University Law School, told this newspaper that after the old case enters the stage of death penalty review, the Supreme Court judge will bring the old man up for trial, listen to the defense opinions of the defense lawyers for death penalty review, and then make a review ruling.
Deng Xiangrui said that there must be specific reasons for applying for procuratorial supervision, such as the existence of illegal procedures. "The procuratorial organ is the supervisory organ of the law, and theoretically it also has the supervisory function for the review of the death penalty."
Deng Xiangrui said that at present, Rong Zhi's defense lawyers have put forward their defense opinions to the judge, which also means that the defense work of lawyers in the review stage of Rong Zhi's case is basically over. Next, the Supreme Court will make a review ruling on this case.
How soon will the Supreme Court make a review ruling?
In an interview with the newspaper, Li Changqing once said that in fact, the Criminal Procedure Law does not specify the time limit for reviewing death sentences, so in specific judicial practice, some death sentences are executed quickly, and some may be delayed for several years before approval. This is the space left by the Criminal Procedure Law, because it is a matter of life and death, and the time limit may not be clear.
"After the death penalty review results come out, in addition to informing the defendant, the Supreme People's Procuratorate should also be informed of the death penalty review results. This is a procedural requirement. " Li Changqing said.
Earlier, the first-instance judgment of Nanchang Intermediate People's Court found that during the period from 1996 to 1999, Lao Rong Zhi and Fa Ziying (who had been sentenced in another case) jointly committed crimes and cooperated with each other. Old Rong Zhi engaged in escort service in entertainment places, looking for the target of committing crimes, and tried to commit violence in Nanchang City, Jiangxi Province, Wenzhou City, Zhejiang Province, Changzhou City, Jiangsu Province and Anhui Province. After the incident, old Rong Zhi absconded under the pseudonym of "Shirley" and was arrested and brought to justice by the public security organs on 2019165438+128.
Nanchang Intermediate People's Court ruled in the first instance that Rong Zhi Sr. was guilty of intentional homicide, robbery and kidnapping, and was punished for several crimes. Decided to execute the death penalty, deprived of political rights for life, and confiscated all personal property.
After the old appeal, on the morning of June 30, 2022, 165438+ Jiangxi Higher People's Court sentenced the old case to death in the second instance and upheld the death sentence in the first instance.
The second trial of Jiangxi Higher People's Court held that Lao Rong Zhi and his defense lawyer did not constitute the crime of intentional homicide, but were the reasons for appeal and defense opinions such as accomplice and coerced accomplice, which were inconsistent with the facts ascertained in the second trial and unfounded in the law, and were not adopted according to law. The facts ascertained in the judgment of first instance are clear, the evidence is true and sufficient, the conviction is accurate and the sentence is appropriate. The trial procedure is legal. The ruling dismissed the appeal and upheld the original judgment. The ruling on the death penalty of old Rong Zhi was submitted to the Supreme People's Court for approval according to law.