A number of criminal lawyers said in an interview with the Beijing News reporter that the maximum term of imprisonment in China is 25 years, but in this case, the first defendant Chen Jizhi was sentenced to 24 years, which is almost the maximum sentence, which is already a heavy sentence; According to the regulations, if the cumulative term of fixed-term imprisonment is less than 35 years, the maximum term cannot exceed 20 years, and if the cumulative term exceeds 35 years, the maximum term cannot exceed 25 years; Therefore, Chen Jizhi's total sentence has exceeded 35 years.
How did the 24-year sentence after "combined punishment for eight crimes" come from?
According to the news of the People's Court of Guangyang District, Langfang City, Hebei Province, Chen Jizhi * * * committed crimes of picking quarrels and provoking troubles, robbery, picking quarrels and provoking troubles, opening casinos, illegal detention, intentional injury, covering up and concealing crimes, and helping information network criminal activities. The reporter found out that among the eight crimes he committed, robbery and intentional injury can be sentenced to death at the highest, and robbery is generally sentenced to fixed-term imprisonment of more than three years and less than ten years. The lightest charges, such as helping information network criminal activities, can also be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
According to the 11th Amendment to the Criminal Law of People's Republic of China (PRC), the crime of opening a casino is generally punishable by fixed-term imprisonment of not more than five years, criminal detention or public surveillance. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The crime of illegal detention is generally punishable by fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights; Those who cause serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years. The crime of opening a casino is generally punishable by fixed-term imprisonment of not more than five years, criminal detention or control; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Concealing or concealing the offense of a crime is generally punished with fixed-term imprisonment of not more than three years or criminal detention control; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
"The total sentence of Chen Jizhi's eight crimes should be more than 35 years, otherwise the final execution will not be 24 years." Luo Longping, a lawyer of Beijing Shi Jing Law Firm, said that Article 69 of the Criminal Law of People's Republic of China (PRC) stipulates the general principle of combined punishment for several crimes. If the judgment declares that a person has committed several crimes before, in addition to the death penalty and life imprisonment, the following execution periods shall be decided as appropriate, but the maximum period of public surveillance shall not exceed three years, the maximum period of criminal detention shall not exceed one year, and the maximum period of fixed-term imprisonment shall not exceed 35 years.
Luo Longping told reporters that Chen Jizhi's 24-year sentence is already a heavy sentence. "The court should fully consider all kinds of statutory and discretionary sentencing circumstances when sentencing. The attitude of the offender after committing a crime, the return and compensation of stolen money and goods, and whether the understanding of the victim is obtained can all affect the final sentencing of the court. "
It is reported that Chen Jizhi wept bitterly at the final statement of the trial, saying that he was sorry for the country and Tangshan. "Criminals have the performance of pleading guilty and repenting, and can take the initiative to explain the whole criminal facts, clarify the harm that their criminal behavior brings to the victims and society, and whether they are willing to actively compensate the victims or their families. Then the court will consider appropriate leniency when sentencing. " Luo Longping said.
The conditions for commutation of crimes involving evil will be stricter.
Li Yongheng, a lawyer of Shandong Taicheng Law Firm, believes that although Chen Jizhi has many charges, even if he is sentenced to death for robbery, he must abide by strict standards, such as death or serious injury caused by robbery; In addition, according to the law of our country, the basic people's court should transfer the criminal cases of first instance that may be sentenced to life imprisonment or death penalty to the intermediate people's court. "Therefore, it is correct that this case has not been sentenced to death or life imprisonment."
Liu Qing, a lawyer of Chongqing Zhihao Law Firm, told reporters that it is rare for the first offender to be sentenced to 24 years in a criminal case. "On the one hand, Chen Jizhi is the first offender of a criminal organization involved in black crimes, and there are many charges involved. The sentence is very high after several crimes are combined; On the other hand, the case is a case of great concern to the society. Heavy sentences are in line with people's psychological expectations and can also shock other criminals. "
Liu Qing introduced that according to the provisions of Article 22 of the People's Republic of China (PRC) Law on Combating Organized Crime, organizers, leaders and key members of underworld organizations should strictly grasp the applicable conditions of obtaining bail pending trial, non-prosecution, probation, commutation, parole and temporary execution outside prison. "At the same time, according to the provisions of Article 78 of the Criminal Law of People's Republic of China (PRC), the actual sentence after commutation shall not be less than half of the original sentence. Even if Chen Jizhi fully meets the conditions for commutation, he will be given the highest commutation every time, and his final actual detention period cannot be less than 12 years. " Liu Qing said.
How to defend rights after being infringed?
Luo Longping told reporters that after this case, the whole society should pay more attention to the "legitimate defense" system. For the country, it is necessary to do a good job in popularizing the law, improve the relevant laws and regulations system, encourage citizens to dare to defend themselves and fight criminals; For citizens, it is necessary to improve their self-defense awareness and make appropriate defensive behaviors on the premise of observing the law.
Article 20 of the Criminal Law of People's Republic of China (PRC) stipulates that in order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.
"When people can generally understand the methods and characteristics of self-defense, they can bravely fight against criminals and better protect the rights and interests of individuals or others from illegal infringement." Luo Longping said.
Liu Qing believes that when citizens are subjected to violence in public, they must first protect themselves and call the police in time after fixing the evidence; In addition, when people are subjected to violence, especially when they are not dominant, they should try their best to deal with criminals with their own wisdom and look for opportunities to escape, instead of angering criminals; We should make good use of the surrounding environment and seek all possible help, such as calling for help from people around us and asking them to help call the police.