What is the purpose of executing the death penalty for cancer drug offenders?
A drug-trafficking defendant who was sentenced to death twice by the courts of first and second instance was diagnosed with terminal cancer after the second instance. Knowing that he couldn't be saved, his family decided to sell the only valuable thing in the family and try their best to prolong his life. The doctors in the hospital also worked tirelessly for this! I saw the beauty of human nature and infinite respect for life. It is such a doubtful death penalty case that was finally approved by the Supreme People's Court. When the defendant's family heard the news that the death penalty was about to be executed, their heartbreaking cries also stung my heart. They begged me to tell the Supreme Court that I hoped that he would die of natural causes instead of being executed. I know this request may be reasonable, but it is hard to make sense in law. When she knew that the possibility of effective results after such efforts was almost zero, it aroused my infinite reflection on this case: for a defendant who was diagnosed with terminal cancer, the doctor was willing to continue to work hard to prolong his life. Even if his family knew that the possibility of his survival was very small, both medically and legally, his family was still willing to lose everything and sell all valuable things at home to prolong his life. Why do defendants whose lives have entered the countdown have to be executed? What is the purpose of executing the death penalty? Can our judicature be more humane and humane? Sun Zhongwei, a defense lawyer for the death penalty, believes that the death penalty can be suspended for this terminally ill and dying defendant to show the humanity of justice and the minimum respect for the right to life. The second reflection: whether the number of drugs involved is inconsistent or not, and whether the number of drugs is unclear, is the strictest proof standard of "the facts of the crime are clear and the evidence is indeed sufficient" required by the death penalty case. The amount of heroin involved in this case appeared in the legal documents of the public security and procuratorial organs of the first instance. There are three different and contradictory statements: 950g,1000g,1040g. Whether the death penalty can be executed. Sun Zhongwei, a lawyer who defends drug crimes and the death penalty, believes that even the main facts about the amount of drugs involved in such cases are contradictory, and they have not been ascertained. They should not be finalized at all, let alone sentenced to death. Sun Zhongwei, a death penalty defense lawyer for drug crimes, believes that drug identification and inspection institutions have no right to identify the number of drugs involved, and the number should be based on the number of drugs seized on the spot. Sun Zhongwei, a lawyer who defends drug crimes and the death penalty, believes that the same drug exceeds 1 000 grams. Referring to the cases of drug-stricken areas such as Yunnan, sometimes even a death penalty may not pass. In this case, it may be a bit biased to let three defendants pay for this medicine at the same time. Sun Zhongwei, a lawyer who defends drug crimes and the death penalty, believes that although some leaders of the Supreme Court once thought that drug trafficking crimes should not be distinguished as much as possible unless they are particularly obvious, if they cannot be clearly distinguished, they should be treated as drug trafficking crimes. However, Sun Zhongwei still believes that in this case, the third defendant should be considered to be in an attempted state of drug trafficking and should not be sentenced to death. Sun Zhongwei, a lawyer defending the death penalty for drug crimes, believes that the identification in this case only contains a few ten thousandths of trace drug ingredients, which is particularly harmful to society, while the initial test does not contain drug ingredients. In this case, it should not be treated according to drugs, so as to reflect the modesty of punishment and the basic criminal justice principle of "no doubt". Sun Zhongwei, a death penalty defense lawyer for drug crimes, believes that in this case, it can only be considered as illegal possession of drugs at most, and it is wrong to identify the crime of drug trafficking, and it is even more wrong to sentence the defendant to death. Sun Zhongwei, a death penalty defense lawyer, believes that it is wrong to let the defendant who has rendered meritorious service bear the responsibility of public security dereliction of duty. In this case, it should be regarded as the meritorious service of the first defendant. Even if you don't consider his meritorious service, at least consider him lightly when sentencing. Sun Zhongwei, a death penalty defense lawyer, believes that the confession obtained in this way has great possibility and reasonable suspicion that it is illegal evidence obtained by torture. Such evidence should not be used as evidence in criminal proceedings, let alone in death penalty cases. Sun Zhongwei, a death penalty defense lawyer, believes that this kind of evidence is typical illegal evidence, and it should not be used as evidence in criminal cases, let alone death penalty cases, without reasonable explanation. Finally, I look forward to it: this death penalty case for drug crimes with the above ten problems has passed the death penalty review of the local Intermediate People's Court, the High Court and the Supreme Court, and three defendants are about to be executed. I hope and pray that this situation is only a very few cases in judicial practice (but even a very low proportion of cases, once this misfortune falls on someone, it means 100%). I prefer to believe that such a case is only a very exceptional judgment made by the presiding judge when he is occasionally distracted. Only in this way can we continue to believe in the court, the law and the rule of law!