The case of Rong Zhi Sr. has entered the stage of death penalty review, which the people of the whole country pay special attention to. More than three months have passed without any results. To be honest, Rong Zhi Sr's case has gone through the first and second trials since three years ago. The Supreme Court is very cautious in handling this case, and most people think that Rong Zhi Sr should be sentenced to death. We believe that the Supreme Court will comply with public opinion and approve the death penalty, but we should take an objective stand.
Lawyer Xiong Da, the defender, said that 18 pieces of evidence had been collected, which proved that old Rong Zhi was not the principal offender, but an accessory. There is enough evidence to prove that Rong Zhi Sr was coerced into committing a crime, so the Supreme Court's ruling on the review of Rong Zhi Sr's death penalty is uncertain.
To approve the death penalty by the Supreme Law and seek a certain just result in uncertainty, we must do the following:
First, find out the facts of the old Rong Zhi case.
According to the facts on which the judgments of the first instance and the second instance are based, it mainly depends on whether the crimes of robbery, kidnapping and homicide that the old man was sentenced belong to serious violent crimes, such as whether he is an accomplice or not.
The second is to determine that the evidence on which the facts of the case are based is true and sufficient, and to exclude reasonable doubts.
In addition to the original judgment file, it also includes 18 pieces of new evidence against the prosecution submitted by defense lawyers in the death penalty review procedure. The prosecution in the case of Rong Zhi Sr bears the burden of proof to prove that Rong Zhi Sr is the main murderer in the first and second trials. Does the evidence he provided completely exclude the reasonable doubts and doubts of the defense, and can a complete chain of evidence be formed?
Old Rong Zhi's defense has no obligation to stipulate that he is not the principal offender, but he can refute and question the basis that he is not the principal offender, which makes the prosecution evidence on which the judgment is based uncertain and belongs to "no doubt".
Third, the applicable law is correct.
That is to say, if old Rong Zhi committed a crime, the severity of punishment should be commensurate with the criminal punishment suffered by old Rong Zhi, and the severity of punishment should be commensurate with the personal danger of old Rong Zhi.
Therefore, if the facts of the old Rong Zhi case are clear and the evidence is sufficient, the death penalty should be approved. On the contrary, according to the criminal evidence rule that the defendant has no burden of proof, it seems that the defense has the possibility to prove that the prosecution's evidence is suspicious, and it is analyzing whether to consider making a factual determination that is beneficial to the defendant, or it takes time to verify the evidence and eliminate reasonable doubts.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Provisions on providing legal aid to defendants in death penalty review cases (for Trial Implementation).
After receiving the notice of legal aid from the Supreme People's Court, the Legal Aid Center of the Ministry of Justice shall, within three days, designate a lawyer with more than three years' practical experience in criminal defense as the defendant's defense lawyer, and notify the Supreme People's Court in writing.