Yan Fengxiang, Wu Xihua's defense lawyer, believes that the sentence in the first instance is too heavy, and hopes that the higher court will find out the facts and give the appellant a lighter punishment of less than life imprisonment.
It is also known that during the first trial of Wu Xihua's case, the court received a joint letter from 3 14 villagers in Wu Xihua's administrative village, claiming that the defendant was "honest and honest, never had any conflicts with his neighbors, and was recognized by the masses as an honest man and a good man". "Going to crime is an extreme tragedy caused by nowhere to complain and no solution."
First, the number of years sentenced to murder.
Article 232 of the Criminal Law: Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Article 233 Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where there are other provisions in this Law, such provisions shall prevail.
Second, probation.
(1) meaning
Probation, also known as probation, also known as probation, refers to a criminal who violates the criminal law and is confirmed to have constituted a crime through legal procedures, and should be punished by punishment. He is declared guilty first and does not execute the sentenced punishment temporarily.
(ii) Purpose
In order to suspend the sentencing of personnel, a special organ is set up to be responsible for supervision, and full-time investigators conduct probation inspection. A system in which criminals are inspected by a specific inspection institution within a certain trial period, and whether to apply a specific penalty is decided according to their performance during the trial period.
(3) Conditions for the probation period
1. Criminals shall be sentenced to criminal detention of not more than three years or fixed-term imprisonment. The conditional non-execution of the original sentence determines that probation can only be applied to criminals with minor crimes. The severity of the crime is commensurate with the severity of the punishment imposed on the criminal. The criminal law of our country stipulates that the object of probation is criminals sentenced to criminal detention or fixed-term imprisonment of less than three years, because these criminals have fewer crimes and less social harm. On the contrary, criminals sentenced to fixed-term imprisonment of more than three years are not listed as the object of probation because of their serious crimes and great social harm.
2. According to the criminal's criminal circumstances and penitence, it is considered that the application of probation will not harm the society again. This is the fundamental condition of probation. That is to say, although some criminals have been sentenced to criminal detention or fixed-term imprisonment of less than three years, according to their criminal circumstances and penitence, probation can only be applied if it does not endanger society.
Criminals are not recidivists. Recidivism is persistent, subjective and vicious, and there is a danger of recidivism. It is difficult to prevent recidivism by applying probation. Therefore, recidivists cannot apply probation.
(4) Matters needing attention during the probation period
1. Abide by laws and administrative regulations and obey supervision;
2. Regularly report their activities to the execution organ outside prison according to regulations;
3. Abide by the regulations of the inspection authorities on receiving visitors;
4. Leaving the city or county where you live or moving, it shall be reported to the inspection organ for approval.
legal ground
Article 232 of the Criminal Law of People's Republic of China (PRC) * * * Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.