Lawyer

Chapter 956 Prosecution Period

How did this happen so coincidentally? What does it mean that the new "Criminal Law" and the old "Criminal Law" alternate? Could it be that the lawyer Du in front of me wants a consulting fee, but he asks for a fee in disguise because of his embarrassment?Qu Hongguo's brain was working quickly.

"Your brother-in-law's case is not complicated or troublesome, but the determination of the prosecution period is more complicated.

The old "Criminal Law" was enacted in [-], but it was revised in [-]. The revised "Criminal Law" (the new "Criminal Law") came into effect on October [-], [-] implement.Your brother-in-law's case happened before the revision of the "Criminal Law", so the principle of both older and lighter should be applied.

The [-] "Criminal Law" stipulates on intentional injury: ... whoever causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; whoever causes death shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment.

However, before the implementation of the new "Criminal Law", the "Decision on Severely Punishing Criminals Who Seriously Endanger Public Security" issued by the Standing Committee of the National People's Congress stipulated a stricter statutory standard for the crime of intentional injury than the [-] "Criminal Law". punishment.

Item [-] of Article [-] of the Decision stipulates that those who intentionally injure a person and cause death shall be sentenced to fixed-term imprisonment of more than seven years or life imprisonment.If the circumstances are bad, the death penalty shall be imposed.

Since the "Decision" is a separate criminal law, the statutory penalty for intentional injury causing death should be understood as three sentencing ranges, namely fixed-term imprisonment of more than seven years, life imprisonment, and death penalty.

After the incident, the investigative agency only started the procedure of prosecuting the criminal responsibility of Bian Zhenxiang, the main criminal. Your brother-in-law only accepted the investigation of the public security agency in this case, and did not evade the investigation.

The public security organ did not file a case against your brother-in-law during the period from the incident to the date of filing the case. Therefore, the criminal responsibility of your brother-in-law should be limited by the time limit for prosecution.

Specifically, how long the limitation period should be limited should be determined according to the statutory maximum penalty corresponding to Yang Wei's intentional injury behavior, that is, according to the old "Criminal Law" and "Decision" on the statutory penalty for intentional injury.

The prosecution period for your brother-in-law's case should be determined in accordance with the relevant provisions of the old Criminal Law and the Decision. "Du Yong deliberately explained in detail in order to show his professionalism.

Qu Hongguo was at a loss when he heard this: "Lawyer Du, you are indeed professional, so has my brother-in-law passed the prosecution period?"

"Although the intentional injury committed by your brother-in-law was not the direct cause of the victim's death and the circumstances were relatively minor, as a participant in a joint crime, since his participation in the act resulted in death, he should be judged according to the circumstances of the death. The intentional injury behavior determines the time limit for prosecution.

That is to say, a 20-year period for prosecution should be determined in accordance with the statutory maximum penalty - the death penalty - stipulated in the "Decision on Severely Punishing Criminals Who Seriously Endanger Public Security".When this case was filed, it was less than 20 years since the incident occurred, so the deadline for prosecution has not expired. Therefore, your brother-in-law should be held criminally responsible. "Du Yong continued to explain.

"But my brother-in-law hasn't been sentenced yet. How can we be sure that the death penalty will be applied? Just now you also said that my brother-in-law's case is relatively minor, and he is not the principal offender. He shouldn't be sentenced to death." Qu Hongguo said with a look on his face. I wonder why the death penalty came out, it's too scary.

"I have to explain this to you. I'm talking about the statutory maximum penalty, not the sentencing." Du Yong said seriously.

"What do you mean? Is there any difference?" Qu Hongguo was still in a daze.

"There is a difference between statutory punishment and declared punishment.

Statutory punishment is a punishment determined in accordance with the provisions of the "Criminal Law" according to the nature, harmful consequences, and circumstances of the crime.The declaratory punishment is the punishment that the people's court judges based on the statutory punishment after the perpetrator is tried, according to the nature of the crime, comprehensively considering various circumstances that are heavier or lighter, mitigated, or exempted from punishment.

According to the relevant provisions of the "Criminal Law", the length of the limitation period for prosecution is determined according to the statutory maximum penalty corresponding to the criminal act, rather than the declaratory penalty corresponding to the criminal act.

This is because before the perpetrator is prosecuted, it is impossible to know exactly the declared punishment that should be applied to him, so the statutory maximum penalty can only be determined according to the general circumstances of his behavior, and then the statute of limitations for prosecution can be determined according to the statutory maximum penalty. " Du Yong said.

"Oh, I probably understand what you mean. That is to say, whether there is a prosecution period depends on the maximum penalty in the relevant provisions of the "Criminal Law". This statutory penalty is only an estimated sentence based on the circumstances of the case. It has nothing to do with the final sentence of the court.

My brother-in-law’s intentional injury caused the death of the defendant, so the corresponding maximum sentence is the death penalty, and the death penalty corresponds to a 20-year prosecution period, so the 20-year prosecution period applies to my brother-in-law’s case. Is this the understanding? "Qu Hongguo said, summarizing the context.

"Yes, that's what it means." Du Yong smiled.

"Hey, it would be great if the public security organs file the case in a few more months, then my brother-in-law won't have to go to jail. You can't blame the society for your back." Qu Hongguo slapped his thigh, with a troubled expression on his face, and sighed.

"Actually, your brother-in-law may not necessarily be in prison now." Du Yong persuaded.

"Oh? How do you say that?" Qu Hongguo immediately looked at Du Yong as if he had been beaten to death.

"According to what you said just now, your brother-in-law played a secondary role in the joint crime and is an accessory. According to the "Criminal Law", the punishment should be mitigated. The chances of being sentenced are very high, but you can get a suspended sentence. It is equivalent to executing outside prison , don't have to go to jail.

Of course, this is just a suggestion of mine. In the end, whether the court will grant a suspended sentence depends on the trial situation. " Du Yong said.

"Okay, I'll take it down, thank you, thank you Lawyer Du." Qu Hongguo raised his glass to express his gratitude.

Qu Hongguo was a little disappointed in his heart, but he didn't show it on the surface. He was originally counting on Du Yong to give him advice to see if he could save money and eliminate disasters.In the end, Du Yong gave him a lecture on the law. Fortunately, Du Yong's last few words made him feel much more comfortable, otherwise he would definitely feel that the meal was for nothing.

After much deliberation, Qu Hongguo still wanted his father-in-law's family to hire the previous lawyer to defend his brother-in-law, because the previous lawyer had sworn that his brother-in-law would not be held criminally responsible, and he wanted to try his luck.

In fact, Du Yong was rather depressed. Originally, he thought that when he encountered some big case, he could show his face in front of the masses like Meng Guangda, but he found out that it was just an ordinary consultation, and the other party was not even willing to entrust it.

No matter how high-end the food is, for Du Yong, there is no case that can make him show his face.He is very eager to get an opportunity to show his professional ability.

A month later, Qu Hongguo's brother-in-law was sentenced to three years in prison, suspended for four years, for the crime of intentional injury.Only then did Qu Hongguo understand that what Du Yong said was correct.Of course this is all for later.

　There is another chapter in the back, which is being typed by hand.Will update later.

　　
　
(End of this chapter)