165438+1On October 30th, Jiangxi Higher People's Court publicly pronounced the case of Lao Rong Zhi. The court held that the appellants Rong Zhi Sr. and France and Britain intentionally killed five people; Robbery caused one death, and it was burglary, and the amount of robbery was huge; Kidnapping causes one person to die, the circumstances of the crime are particularly bad, the means are particularly cruel, the consequences and crimes are extremely serious, the subjective malignancy is deep, and the social harm is great, so it should be severely punished according to law. Lao and his defense lawyer mentioned that Lao does not constitute the crime of intentional homicide, but is an accessory and coerced accessory, which is inconsistent with the facts ascertained in the second instance and has no basis in the law and will not be adopted according to law.
The court held that the facts ascertained in the first-instance judgment were clear, the evidence was true and sufficient, the conviction was accurate and the sentence was appropriate. The trial procedure is legal. The ruling dismissed the appeal and upheld the original judgment. The ruling on the death penalty of old Rong Zhi was submitted to the Supreme People's Court for approval according to law.
65438+February 1, Fu Jian, director of Henan Jinze Law Firm, told Southern Reporter that after the verdict of the second instance, the death penalty review procedure has been automatically started. Next, after reporting to the Supreme People's Court, the Jiangxi Higher People's Court will form a collegial panel of three judges to conduct a comprehensive review of the facts, laws and procedures of the case by means of marking papers and arraigning the defendant, and make a review result.
Fu Jian said that during the review of the death penalty, the defendant and his defense lawyer can plead with the Jiangxi High Court, the Jiangxi Provincial Procuratorate or the Supreme Court. The defendant and his defense lawyer may request to reflect in person or put forward written opinions. 165438+1On the evening of October 30th, Du Nan reporter learned from the family of Old Rong Zhi that the defense lawyer of the defendant planned to make a written statement.
Southern Reporter noticed that on June 5438+065438+1October 18, the Supreme People's Court held a symposium on criminal trial work. Zhou Qiang, President of the Supreme Court, pointed out that this year marks the 15th anniversary of the reform of the death penalty approval system, and the review of death penalty is extremely important. We should do a good job in the trial of death penalty cases in accordance with the law, fairly and prudently, accurately grasp the criminal policy of combining leniency with severity, and ensure that the death penalty is only applicable to a very small number of crimes with extremely serious evidence.
Fu Jian said that the case of Old Rong Zhi had been tried many times because of its long history and the loss of evidence in many cases, which led to some controversial key facts. After the first trial, the defendant appealed on the grounds of unclear facts and wrong application of law. Because Rong Zhi Sr pointed out that there was no murder or coercion, it was necessary to produce corresponding evidence to re-identify the facts, so it was necessary to conduct a second trial in accordance with procedural justice.
He also said that the case has been widely concerned by all sectors of society, and the first and second trials are very cautious. The facts of this case are very clear. In cases where the death penalty was imposed in the first and second instance, he thought that it was very unlikely that the defendant would reverse his case through appeal.
Deng, director of Shanghai Quandian Law Firm, told Southern Reporter that the judgment of immediate execution of the death penalty must be approved by the Supreme People's Court before it can take effect, so the death penalty review procedure will be the last chance. According to the law, the judge in charge of the Supreme Law needs to personally meet the defendant Rong Zhi Sr. and listen to his opinions. During the judge's interrogation, the defendant can express his views. Rong Zhi's defense lawyers can submit written defense opinions or meet with the responsible judge.
Deng said that the death penalty review stage will not be held. At present, the law does not stipulate the time limit for handling cases in the review stage of death penalty. At the same time, he also believes that at present, both courts maintain the death penalty, and it is difficult to reverse the case in the review stage of the death penalty by the Supreme Court.
Legal basis:
Criminal law of the people's Republic of China
Article 48 The object of application and the approval procedure of the suspended execution of the death penalty are only applicable to criminals who have committed extremely serious crimes. For criminals who should be sentenced to death, if they do not have to be executed immediately, they can be sentenced to death with a two-year suspension.
The death penalty shall be submitted to the Supreme People's Court for approval, except for those sentenced by the Supreme People's Court according to law. If the death penalty is suspended, it may be decided or approved by a higher people's court.
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)
423rd cases submitted to the Supreme People's Court for approval of the death penalty shall be handled separately according to the following circumstances:
(2) In a case of first instance in which the intermediate people's court sentenced the death penalty, if the defendant appealed or the people's procuratorate protested, and the higher people's court ruled to maintain it, it shall report to the Supreme People's Court for approval within ten days after the ruling was made;
Criminal Procedure Law of the People's Republic of China
Article 262 The people's court at a lower level shall, after receiving an order from the Supreme People's Court to execute the death penalty, deliver it for execution within seven days. However, if any of the following circumstances is found, the execution shall be stopped and immediately reported to the Supreme People's Court for a ruling by the Supreme People's Court:
(a) before the execution, it is found that the judgment may be wrong;
(2) The criminal may have to change his sentence by exposing major criminal facts or making other major meritorious deeds before execution;
(3) The criminal is pregnant.
After the reasons for the suspension of execution in items 1 and 2 of the preceding paragraph disappear, it must be reported to President the Supreme People's Court for approval before execution; If the execution is stopped due to the reasons listed in Item 3 of the preceding paragraph, it shall be reported to the Supreme People's Court for review according to law.
The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 509 After the execution of the death penalty is completed, the forensic doctor shall verify that the criminal is indeed dead, and the clerk present shall make a written record. The people's court in charge of execution shall, within fifteen days after the execution of the death penalty, report the execution situation to the Supreme People's Court, including the photos of the criminals before and after the execution of the death penalty.