1, escort the accomplices of the same police car, and there will be policemen at the scene. Isn't that just catching them red-handed?
2. Article 232 of China's Criminal Law stipulates that 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. The sentencing range of this crime is very wide, mainly because of the wide range of circumstances, great differences in circumstances and great differences in social harm. For example, there is a great difference in social harmfulness between putting righteousness above family members and killing people with a knife in public. The former may be sentenced to three years, and the latter may be indefinite. In reality, it is also common that the crime of intentional homicide is lightly sentenced.
3. The main function of challenge system is for judicial justice. Criminal procedure is an equilateral triangle structure. If the judge has a close interest relationship with one party in both the prosecution and the defense, how can he guarantee a fair judgment? If the public prosecutor and the defendant have personal grievances, how to ensure that they can correctly exercise their functions and powers and will not conceal evidence and implicate the defendant? The former two have conflicts of interest. On the other hand, lawyers always stand on the defendant's side and have the same interests in criminal proceedings. Moreover, there is a trust relationship between lawyers and clients. Sometimes it will be classmates, friends, relatives, and sometimes it will have great interests. For example, the defendant company is an important consulting unit for lawyers, but these do not constitute the above-mentioned conflicts of interest that will affect judicial justice.
China Criminal Procedure Law:
Article 28 A judge, prosecutor or investigator shall recuse himself under any of the following circumstances, and the parties and their legal representatives also have the right to ask him to recuse himself:
(1) Being a party to the case or a close relative of the party;
(2) He or his close relatives have an interest in the case;
(3) Having served as a witness, expert witness, defender or agent ad litem in this case;
(4) Having other relations with the parties to the case, which may affect the fair handling of the case.
Article 29 Judges, prosecutors and investigators shall not accept guests and gifts from the parties and their clients, and shall not meet the parties and their clients in violation of regulations.
Judges, prosecutors and investigators who violate the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. The parties and their legal representatives have the right to ask them to withdraw.