20 12 On March 20th, the Qingdao Intermediate People's Court made a first-instance judgment on "Nie Lei's triad-related case", and sentenced the defendant Nie Lei to death for the crimes of organizing and leading underworld organizations, intentional injury and organizing prostitution. In addition, the defendant involved will also make a corresponding ruling.
After the verdict was pronounced in the first instance, the defendants, Jiang Yuan, Lu Yuan, Shi Yuan, Liu Zhongxin and Sun Wenhua, plaintiffs in the incidental civil action in the first instance, refused to accept the verdict and appealed separately.
It was found through the trial of second instance that from 65438 to 0995, the appellant gathered the appellants Jiang Yuan, Lu, Shi and others successively, accumulated a great deal of wealth by opening casinos in Qingdao, and set foot in real estate development, and its economic strength grew rapidly. Since 1998, interest groups headed by Nie Lei have gained huge economic benefits by organizing violent teams, managing real estate, opening underground casinos, organizing women's prostitution, etc., and gradually formed a underworld organization with many members, clear internal division of labor, tight organizational structure and relatively fixed backbone members in a certain period of time. In order to establish a strong position, the organization carried out violent illegal and criminal activities, cracked down on competitors, bullied and hurt the masses and opposed the legal order. Illegal possession of guns 13, 9 cases of intentional injury, resulting in 2 deaths, 1 seriously injured, 7 slightly injured, 2 slightly injured, which has a great impact on the economic order and social life order in some areas of Qingdao.
The court of second instance held that Nie Lei, the appellant, organized and led the underworld organization, which was extremely vicious subjectively, extremely harmful to society and personal danger, and the crime was extremely serious, and he was a recidivist and should be severely punished according to law. The original judgment was accurate in conviction, the items and amounts of sentencing and incidental civil compensation were appropriate, and the trial procedure was legal. Therefore, according to the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC), the appeal was dismissed and the original judgment was upheld.
The ruling upholding the death penalty of the defendant Nie Lei was submitted to the Supreme People's Court, People's Republic of China (PRC) for approval according to law.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 189 When a people's court hears a case of public prosecution, the people's procuratorate shall send personnel to appear in court to support the public prosecution.
Article 190 When a trial is held, the presiding judge shall ascertain whether the parties are present in court and announce the cause of action. Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense. If the defendant pleads guilty and admits punishment, the presiding judge shall inform the defendant of his litigation rights and the legal provisions of pleading guilty and admitting punishment, and examine the voluntariness of his confession and the authenticity and legality of his confession.