Article 78 of the Criminal Law stipulates that a criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence reduced if he conscientiously abides by the prison regulations, receives education and reform, and truly shows repentance or meritorious service during the execution period; Those who have made one of the following major meritorious deeds shall be given a reduced sentence: (4) sacrificing themselves to save others in daily production and life;
According to Article 78 of the Criminal Law, the act of sacrificing oneself to save others in daily production and life is a major meritorious service. The murderer saved dozens of lives on the way to escape, so this behavior can belong to the rescue behavior in daily production and life, and it should belong to a major meritorious act.
However, there is a time limit for meritorious service. The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Cases of Surrender and Meritorious Service stipulates that meritorious service is a time-limited act after the criminals arrive at the case, and can only be implemented after the case. The Supreme People's Court (20 18) Supreme Court Application No.913 reexamined this time point, and held that the arrival of criminals is the starting point for determining the time for meritorious service, and the standard of arrival should be consistent with the standard of surrender. Acts that are beneficial to the country and society before the incident cannot be regarded as meritorious deeds in the sense of statutory sentencing circumstances.
So even if he saved more than a dozen people, but because he is a fugitive, he did not appear in the case, these acts can not be regarded as meritorious service in the sense of criminal law. Of course, these acts can be used as a standard to determine that the criminal suspect (defendant) does show repentance and is personally dangerous and socially harmful, and the court should consider them as appropriate when sentencing.
Farun Sands gives a simple answer!
This question actually relates to whether the murderer can be recognized as meritorious service. According to Article 68 of the Criminal Law and relevant judicial interpretations, meritorious service means that criminals expose other people's criminal acts, verify them, or provide important clues, which have made outstanding contributions to the country and society in order to solve other cases. Meritorious service is a penalty discretion system. Those who have made meritorious service can be given a lighter or mitigated punishment. Those who have made significant contributions may be mitigated or exempted from punishment.
According to Article 5 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Cases of Surrender and Meritorious Service (Fa Shi [1998] No.8), meritorious service includes: reporting and exposing other people's criminal acts, including * * criminals in the same crime exposing accomplices and other crimes other than the same crime, which are verified by investigation; Providing important clues for the detection of other cases, which are verified to be true; Stop other people's criminal activities; To assist the judicial organs in arresting other criminal suspects (including accomplices); Those who have other outstanding performances that are beneficial to the country and society shall be recognized as meritorious service. Therefore, the murderer's behavior of saving more than a dozen lives belongs to meritorious service.
Does the murderer's act of saving people on the way to escape belong to the meritorious service stipulated in Article 68 of the Criminal Law? In fact, criminal law is controversial in theory. Using different standards for the occurrence time of meritorious service will lead to different conclusions. One view is that according to Article 68 of the Criminal Law, the subject of meritorious service is a criminal, and those who have rendered meritorious service after committing a crime should be regarded as meritorious service. Therefore, according to this view, the murderer here should be recognized as meritorious service, and it is a major meritorious service, which can be mitigated or exempted from punishment according to law. Another point of view is that Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Cases of Surrender and Meritorious Service (Fa Shi [1998] No.8) restricts the time for criminals to render meritorious service after arriving at the case, and only criminals who have rendered meritorious service after arriving at the case and before the court's judgment can be regarded as meritorious service. According to this view, the murder suspect here has not yet arrived at the case, and although he has made meritorious service, he still can't be counted as meritorious service. In this regard, respondents believe that the first view is more conducive to encouraging criminals to turn over a new leaf, punishing evil and promoting good, which is more in line with the original intention of the meritorious service system stipulated in the criminal law. It is advisable to treat murderers with meritorious service here.
Welcome to comment on the above answers! Farun Jinsha analyzes and answers legal questions seriously and rationally. Welcome to pay attention to communication!
Killing people to save lives is incredible, but it does happen in life. In Hegang, Heilongjiang, there was a man who killed someone and then saved people three times, but the final outcome was unexpected.
On February 28, 2003, an old man was unconscious in front of Northeast Asia in Hegang Industrial and Agricultural Area. The masses called 1 10 to call the police, but when the police arrived at the scene, the old man disappeared, so the police searched everywhere for the whereabouts of the old man.
Only then did he find that a young man saved him. When the police wanted to thank the young man, the young man bowed his eyebrows and said, you can take me away. I've killed people, and I don't want to run away again. The young man's words surprised the police.
Subsequently, the police launched an investigation and found that the man was from Jilin Province and his surname was Wang. In the autumn of 200 1, he and his friends got drunk in a pub. At this time, several people at the next table quarreled with one of his friends, and the other party wanted to use force. The young man who drank the wine grabbed a chair and slammed it on the other person's head, only to see that the man fell down with a snort and his brains flowed out. Later, that person.
Knowing that he had made a big mistake, the young man packed his bags that night and began to escape. He saved several people in the process of escape.
He fled to a village at the junction of Harbin and Binxian to help others cut rice. At the time of checkout, an old foreman who worked together got more than 5 thousand. The old man hurriedly stuffed the money into his trouser pocket. He and the old man walked out of the village together, less than 200 meters apart.
When they went outside the village, they saw several people rushing out of the wasteland with knives, holding the old man down, someone put a knife rest around his neck, and someone unbuttoned his pants, which was obviously robbery. At that time, the young man saw it and wanted to help, but thinking that he was a fugitive, he could only call the police, but he turned around and couldn't find the phone. When he returned to his original place, he found only a pool of blood and a torn hundred-dollar bill on the ground.
After more than a month, he fled to Inner Mongolia and rented a private house in a small village. One night, he was awakened by a woman's scream. He knew something must have happened. He was the only one who lived in this remote place for a long time.
He hesitated for a long time and finally decided to save the woman, so he took a big stove hook and walked to the place where the woman shouted. If he really saw her being crushed by two men, he waved the stove hook at the heads of the two men, and the two men were immediately beaten and turned around and fled.
Since then, the man was afraid of being discovered by the police and packed up and fled overnight. A year later, in Fushun Township, Liaoning Province, one morning, he was walking on the road and saw several men wrestling together. One of them was pushed to the ground, and a dozen people around him were watching, pointing and saying that that person was a bad person.
However, the pinned man shouted to him, Catch them, they are fugitives. The man rushed at once waving a broom and knocked one of them over. One of them rushed over with a knife, and he swept wildly with a broom. And roared loudly: I have killed people, too. Who is afraid of who?
At this time, the man who was pinned stood up, actually a policeman. At this time, several policemen came again. He was too scared to go home, so he turned and slipped away at once.
This man saved lives three times and is known as a living Lei Feng. Now, this man has surrendered. Many people thought that his courageous behavior should alleviate his murder, but the result was unexpected.
It can be seen from Wang's behavior that he was drunk and fought with others, causing death. From a legal point of view, at least he should be convicted of manslaughter, and if the circumstances are serious, he may be convicted of intentional homicide.
However, he ran away for fear of committing a crime. In the process of escape, he saved lives heroically many times. In ancient times, he might be able to offset his achievements. However, in today's society, both crime and transgression have legal basis. Many people hope that he can reduce crime, but the result is not satisfactory.
People in the legal profession believe that his courageous behavior is not the legal standard of commutation, but only a reference factor for discretionary commutation.
In China's criminal law, commutation can be divided into two types, one can be commuted and the other should be commuted, but both of them have certain restrictions and objects.
1, object of commutation: only applicable to criminals sentenced to criminal detention, public surveillance, fixed-term imprisonment or life imprisonment. A criminal who commits one of these four punishments, whether it is intentional homicide or negligent homicide, whether the crime is serious or light, whether it endangers national security or not, can reduce his sentence as long as he meets the statutory conditions for reducing his sentence.
2. Conditions for commutation: It means that in the process of penalty execution, criminals who behave well, abide by various rules, show outstanding repentance or perform meritorious service can appropriately commute their sentences. Even if some people only show outstanding repentance and have no meritorious service, they can meet the conditions for commutation.
If the above three points are met, the sentence can be appropriately reduced. However, this kind of appropriate commutation is limited. For example, a person sentenced to life imprisonment cannot have his sentence reduced indefinitely, at least not less than 13 years.
1. If a criminal is able to report major criminal activities inside and outside the prison during the execution of the penalty, it is verified through investigation.
2. Other criminals who are engaged in major criminal activities can be stopped.
3. During serving a sentence, you can sacrifice yourself to save others in your daily production and life. For example, when a criminal is serving his sentence, there is a major fire in the prison, and he can sacrifice himself to save others, then his sentence can be reduced.
During his service, he made great inventions in prison. For example, the prison wizard Li Hongtao changed his life. In the last month of being sentenced to death, he invented the brushless electric excitation motor with his own wisdom and applied for a patent. Therefore, the original death sentence was changed to a two-year suspension. Later, a fully computerized prison monitoring and management system was successfully developed, and three invention patents were successively obtained, and the sentence was finally reduced to 16 years in prison.
5. During his imprisonment, he has made outstanding performance in eliminating major accidents or fighting natural disasters.
6. People who have made great contributions to the country and society during their imprisonment.
In accordance with one of the above circumstances, the sentence can generally be reduced. It stands to reason that Wang's behavior belongs to the situation of giving oneself up to save others in daily life and production, and he deserves a reduced sentence. However, careful readers will find that these conditions have a premise, that is, during his sentence.
In other words, if Wang sacrificed himself to save others while serving his sentence, the punishment can be mitigated. Unfortunately, he sacrificed himself to save others while fleeing. His spirit is commendable, but his credit is beyond reach.
His previous self-sacrifice behavior can only be used as a reference factor for commutation, not as a condition for commutation.
Wang's example is very similar to the question raised by the subject. They are all murderers, and they all saved people in the process of escape. Although the number of people saving lives is different, the nature is the same. They are all acts made before being brought to justice and cannot be used as a condition for commutation.
It can be seen that once you commit illegal and criminal acts, you should not run away. It's best to turn yourself in to mitigate the punishment. In addition, the so-called commutation also has certain limitations.
Sentenced to fixed-term imprisonment or life imprisonment for illegal and criminal acts. Commutation is not a non-sentencing, but an appropriate mitigation of punishment. If it is reduced too much, criminals will not be punished, and it will be difficult to play the positive role of punishment.
If the reduction is too small, it will not inspire and spur criminals to a certain extent, and it will be difficult to bring into play the benefits of commutation. So, do you want to reduce your sentence and how much? There is a certain legal basis.
Take meritorious service as an example. Commutation cannot exceed nine months. If you do show repentance and perform meritorious service at the same time, your sentence can't be reduced for more than one year. For those who have made great meritorious service, the sentence can not be reduced for more than one and a half years at a time, and those who have repented on this basis can not exceed two years.
Those who have rendered meritorious service many times during their prison term cannot have their sentences reduced many times within one year in a row. If you are sentenced to fixed-term imprisonment of less than 10 years, the interval between two commutation cannot be less than 1 year. Sentenced to fixed-term imprisonment of more than ten years, the interval between two commutation shall not be less than one and a half years.
If the crime is extremely bad, the sentence will be heavier.
Mills of God grind slowly but sure. Many people who commit crimes on impulse and then run away can't bear the psychological torture in the end. They are anxious every day. Some people finally turned themselves in voluntarily, and some people were finally relieved after being caught by the police.
If you are wrong, you are wrong. There is no legal loophole to drill. You can only face it bravely, kill someone, stop running, go to court as soon as possible, and try to repent and reduce your sentence during your sentence.
The merit lies in the present age, and the blame lies in the present age. Life is a matter of life, and the meritorious service in the process of escape will be considered by the court when sentencing, but the impact on sentencing is estimated to be minimal and will not affect the final result.
He will eventually get a lighter sentence. It has never been said that justice in China has achieved a balance between merits and demerits. The most direct example is that our Hong Kong films have no informers. As long as they organize and participate in crimes, they will be punished accordingly. Only the weight will be determined according to the actual situation and some meritorious service reports.
The man in the title is a murderer. He may be sentenced to death after being caught. But he saved a dozen lives on the way to escape. This is to protect people's lives. Although it does not meet the conditions of "meritorious service", the court will consider it as appropriate when sentencing. After all, it is a good sign that the prodigal son will turn back and repent and turn over a new leaf. It may be the death penalty, but it was commuted to a suspended death sentence. Of course, this is based on the fact that he only killed one person, and there is no bad plot, or that he killed on impulse.
If he is really subjective and malicious, he killed many people, and the plot is bad. Then no matter how many people he saved, he couldn't get his life back. In fact, for him, the best way now is to surrender, and with the situation of saving people by himself, the best result can be changed by doing both. There's no way out if you run away. It's not decades ago now, all kinds of advanced criminal investigation and tracking means. Even if it turns to ashes, it should be brought back for testing.
Work is work, too much. Sin should be punished and merit should be rewarded, but they should not be confused.
On the way to escape, the murderer saved the lives of more than a dozen people, which is very rare. But saving other people's lives can't offset their crime of killing.
According to article 132 of the Criminal Law, intentional homicide is a felony, and the maximum penalty is death. One person intentionally kills another person, which constitutes the crime of intentional homicide. No matter how meritorious this person has been before or how brave he will be in the future. Can't offset his murder.
The murderer saved more than 10 lives on the way to escape, which shows that the murderer committed a felony on the one hand and saved more than 10 lives on the other.
In this case, when sentencing the murderer, it can be considered as a mitigating circumstance.
According to Article 68 of the Criminal Law, if a criminal has made significant meritorious service, his punishment may be mitigated or exempted.
Therefore, the murderer saved more than a dozen people on the way to escape, which is a major meritorious service. When the murderer is specifically sentenced to punishment, the punishment can be mitigated, at least not sentenced to death, and executed immediately.
The murderer saved more than a dozen people. If the investigation is true, then the murderer is a major meritorious service.
Murderers, including intentional homicide and negligent death.
Originally, the crime of intentional homicide should be sentenced to death, life imprisonment or fixed-term imprisonment of 10 years or more. If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Considering its great contribution, the punishment should be mitigated. The so-called lighter sentence means to take a lower sentence within the statutory sentencing range, and the so-called lighter sentence means to reduce the sentence by one grade below the minimum sentencing range.
Therefore, the murderer should generally be sentenced to fixed-term imprisonment of more than 10 years or life imprisonment, and the minor case should be sentenced to fixed-term imprisonment of more than three years.
The so-called minor circumstances generally refer to the serious fault, coercion or murder committed by the other party out of indignation.
Whoever negligently causes death is generally sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. If it is a major meritorious service, the punishment can be mitigated. Under normal circumstances, it is sentenced to fixed-term imprisonment of not more than three years, and the punishment can be exempted if the circumstances are minor.
Attachment: Relevant laws and regulations
If a murderer saved a dozen lives on the way to escape, what would be the final result?
I thought the final result might be a two-year suspension of death penalty or life imprisonment.
Intentional homicide refers to the act of intentionally and illegally depriving others of their lives. It is a crime that infringes on citizens' personal rights. It is one of the few crimes with the worst nature in China.
Article 232 of the Criminal Law of People's Republic of China (PRC) stipulates the crime of intentional homicide. Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
In this question, the suspect absconded after killing and committed the crime of intentional homicide, and the circumstances were particularly serious. This is a heinous crime! Not killing is not enough to make the people angry and correct the country.
In the process of escape, the criminal suspect saved the lives of more than a dozen people (small probability event). Made great contributions.
During the trial of the people's court, the collegial panel or the judicial committee will definitely consider the meritorious service of the criminal suspect, comprehensively consider the seriousness of the murder of the criminal suspect, and make a fair judgment.
I guess the people's court will sentence the suspect to death with a two-year suspension. Or sentence the suspect to life imprisonment.
If more than a dozen rescued people jointly "seek survival" or "media" appeal. The suspect may also be sentenced to more than 10 years in prison.
Whether or not what you said will really happen, even if the murderer really saved the lives of more than a dozen people on the way to escape, it does not affect that the murderer will be convicted and punished by the court for intentional homicide.
Some people may say that this murderer saved the lives of more than a dozen people on the way to escape, which is a major meritorious service and can be given a lighter or mitigated punishment. Therefore, even if the crime of intentional homicide is convicted and punished, it will be lighter than the normal punishment of intentional homicide.
Is that really the case? Of course not. There is a simple reason. The murderer killed more than a dozen people on the way to escape, which is not a major meritorious service.
According to the criminal law, meritorious service must occur after the criminal suspect arrives at the case or the criminal defendant is sentenced to punishment.
Therefore, if the murderer saved the lives of more than a dozen people in the process of escaping after committing the crime, it is not within the above two periods, so this kind of behavior does not constitute meritorious deeds in criminal law, and the murderer cannot be given a lighter or mitigated punishment accordingly.
Therefore, after the murderer is arrested and brought to justice, he should be convicted and punished according to law. She saved the lives of more than a dozen people in the process of escape, which has no effect on his conviction and sentencing.
Of course, if the murderer has surrendered, confessed, repented and other circumstances that are lighter or mitigated, then the court can consider giving him a lighter punishment when he is convicted and sentenced.
Saved a dozen people, it must be a great contribution. If you surrender again, according to the current law, surrender and major meritorious service can be mitigated or exempted from punishment, so unless it is an unforgivable crime of killing dozens of people or destroying the earth, you can be sentenced to fixed-term imprisonment of not more than 10 years or even exempted from punishment.