An insider said that on 20 17, Oumou applied to the local government for a dangerous house flip. After the new building procedures were approved, Oumou demolished the original 400-square-meter house and wanted to build a new house on the original land. According to an insider, the deceased was Ou's neighbor. He had repeatedly joined with nearby residents to prevent Ou from building a new house, resulting in a family in Europe having nowhere to go and living in a temporary canopy for six years. Before the incident, the awning where Ou lived collapsed due to the typhoon, and the pieces of the awning fell into the home of the deceased, so there was a dispute between the two sides. The case is under further investigation.
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. Two people died and three people were injured, which is definitely not a minor case, but does this case conform to the principle of lenient death penalty?
More than half of the countries in the world have abolished the death penalty in law or in fact. The biggest problem caused by the death penalty is that it can't remedy the mistakes caused by justice at all. In addition, the execution of the death penalty may destroy important witnesses; For example, in the United States, a rapist was rehabilitated after 2 1 year because of DNA testing, and in Australia, it was also recognized as an abnormal death after the execution of the death penalty 18 years. Although China retains the death penalty system, it takes a cautious attitude towards the death penalty. An important policy put forward by the CPC Central Committee under the new situation of building a harmonious socialist society-the criminal policy of combining leniency with severity is also the basic criminal policy of our country. The provision of retaining the death penalty fully embodies the "strict" side of the policy of combining leniency with severity, while the principle of combining leniency with severity of death penalty embodies the "lenient" side.
In China, the death penalty is divided into two types: death penalty with a two-year suspension and immediate execution. In judicial practice, judicial organs generally consider whether they are lenient from the following aspects: whether there is a "suspected crime"; Whether the defendant has surrendered himself or rendered meritorious service; Subjective malignancy; The danger of actors; Social impact of the case; If the cause of the incident is caused by the victim, for example, if the perpetrator is executed, other criminal clues will be interrupted, then the death penalty, life imprisonment, etc. should also be properly considered. In short, there are many aspects that need to be considered. Whether this case conforms to the leniency principle of the death penalty needs to wait for the results of the case investigation before making a judgment.