Defendant Yan Si, male, was born on April 30th, 1987. On May 5th, 2004, he was criminally detained by Simulated City Public Security Bureau on suspicion of robbery. On May 27th of the same year, he was arrested according to law with the approval of Simulated City People's Procuratorate.
Defendant: Wu Shi, male, born on February 20th, 1985, surrendered himself to the Simulated City Public Security Bureau on May 2nd, 2004, and was criminally detained by the Simulated City Public Security Bureau on the same day on suspicion of robbery. On May 27th, with the approval of the Sim City People's Procuratorate, he was arrested according to law.
The robbery case of the defendants Li San, Yan Si and Wu Shi was investigated by the Simulated City Public Security Bureau and transferred to our hospital for review and prosecution on August 7, 2004. After examination, due to some unclear facts and insufficient evidence, they were returned to the simulated city public security bureau for supplementary investigation on August 2, 2004 and June 2004, respectively, and reported to our hospital again on June 29, 2005 after the supplementary investigation was completed. Upon examination, it was found that on April 29th, 2004, the defendants Li San and Yan Si met the defendants Wu Shi and Liu Yang at XX Railway Station (handled separately). Because there was no money to go home, the defendant Yan Si proposed to rob or steal in XX and other places. The three defendants went to XX and other places with Liu Yang, but the robbery and theft failed. Defendant Yan Si bought a kitchen knife in XX. On May 2 of the same year, the three defendants and Liu Yang returned to the simulation city by bus. Defendants Li San and Yan Si * * * planned to rob a taxi after drinking in KTV, the mock city of Wuthering Heights, and divided their work. Later, the defendant Yan Si rented a taxi driven by the victim in the simulation city, claiming to go to village C of the simulation city. Defendants Li San, Wu Shi and Liu Yang got on the bus successively. When the car drove near village C, the defendant Li San got off early. After the victim was injured, he ran to the orchard on the roadside. Defendant Yan Si caught up with him and dragged him to the ground. After the defendant Li San caught up, he slashed at the victim's head with a knife. Later, the defendant Yan Si drove over and slashed at the victim's head and face with a knife, causing the victim to die on the spot. Subsequently, the defendant Li San robbed the victim of tens of dollars in cash. Later, two defendants threatened defendants Wu Shi and Liu Yang to lift the body, and three defendants and Liu Yang put the victim's body in the trunk of the car. Defendant Yan Si drove to the mountainous area, abandoned the victim's body on the roadside, covered it with branches, and discarded the kitchen knife used in the crime at the bottom of the ditch. On the way back to the simulated city, the three defendants and Liu Yang took off the taxi license plate and threw it into the wheat field, and took off the taxi sign and put it in the trunk. The three defendants drove to the simulation city and abandoned the car in front of Hu. The defendant Yan Si failed to sell the stolen goods. The three defendants and Liu Yang absconded after committing the crime. After the incident, the defendants Li San and Yan Si were arrested one after another, and the defendant Wu Shi took the initiative to surrender to the Simulated City Public Security Bureau and truthfully confessed his crimes. Forensic autopsy showed that the victim died of hemorrhagic shock. Appraised by the Simulated City Price Certification Center, the value of the robbed vehicle was 50,000 yuan. After the incident, the car was recovered and claimed by the victim's family. The above-mentioned criminal facts are clear, and the evidence is conclusive and sufficient enough to be identified.
The court held that the defendants, Li San and Yan Si, did not respect the laws of the state, were bold, and robbed other people's property by violent means with a knife for the purpose of illegal possession. The amount was huge, causing death, bad circumstances and serious consequences. Defendant Wu Shi helped others to commit robbery, which constituted robbery. The actions of the three defendants all violated the provisions of Article 263 of the Criminal Law of People's Republic of China (PRC), which constituted robbery. According to Article 25 of the Criminal Law of People's Republic of China (PRC), the three defendants are * * * co-offenders. Defendants Li San and Yan Si played a major role in the joint crime. According to the provisions of Article 26 of the Criminal Law of People's Republic of China (PRC), both defendants are the principal offenders in this case. Defendant Wu Shi played a minor role in the joint crime of * * * and was coerced. After committing a crime, he can voluntarily surrender to the public security organ and truthfully confess his crime. According to the provisions of Article 27, Article 28 and Article 67 of the Criminal Law of People's Republic of China (PRC), he is an accomplice in this case and an accomplice under duress. At the same time, he was given a lighter punishment. Li Sanyan, the defendant, was under the age of 18 when he committed the crime, and should be given a lighter punishment in accordance with the provisions of the third paragraph of Article 17 of the Criminal Law of People's Republic of China (PRC). According to the provisions of Article 141 of the Criminal Procedure Law of People's Republic of China (PRC), those who initiate public prosecution shall be punished according to law.
Second, AARON Li's death sentence for murder and robbery was commuted without the approval of People's Republic of China (PRC) and the Supreme People's Court, with a two-year suspension.
The Heilongjiang Provincial High Court found that the taxi driver killed passenger Qin and robbed property, which constituted the crime of intentional homicide and robbery. AARON Li's crimes are particularly bad, especially serious and extremely dangerous to society. He was sentenced to three years in prison for robbery, and less than one year after his release, he committed murder and robbery again, seriously endangering society. He is a recidivist and should be severely punished according to law, so he was sentenced to death.
In the review stage of death penalty in People's Republic of China (PRC) and the Supreme People's Court, Beijing-based lawyer Xie Tongxiang was entrusted as the defense lawyer. the Supreme People's Court adopted lawyer Xie's defense opinion that "his wife Pan provided clues to the public security organs to solve the case, and the victim was at fault, so he could consider a lighter punishment", refused to approve the death penalty and sent it back for retrial. On February 20 10, Heilongjiang Provincial High Court sentenced AARON Li to two years' probation.