"Don't you also think that the defendant Yang Rongwei's criminal methods were cruel, the circumstances were heinous, and the consequences were serious? Why should a reprieve, instead of the death penalty, be carried out immediately?

Could it be that the sentencing scale of the procuratorate is different from that of the court? Zhou Ying asked puzzled.

"Hmm...... As I understand it, there are no clear and specific provisions in the Criminal Law and judicial interpretations on the conditions for the immediate execution of the death penalty and the suspension of the death penalty.

Only in article 48 of the Criminal Code does it provide that a reprieve of death may apply 'if it is not necessary to carry out it immediately'. This provision is too vague and flexible, resulting in some differences in the implementation of the death penalty suspension system among judicial organs at various localities and levels, resulting in inconsistency in application.

I speculate that after the judgment of the court of first instance in this case, the procuratorate lodged a protest because of the difference between the procuratorate's view of whether the defendant is in a situation where the death penalty 'must be carried out immediately'. Fang Yi thought for a moment and said.

"What do you think about this? What I mean by this is that if it is not necessary to do it immediately, the death penalty can be applied. I plagiarized it, and it will be easy to say it in court when the time comes. Zhou Ying said with a smile.

"Don't be so blunt! What I said may not be correct, and the court may not adopt it, so you can refer to it. Fang Yi said very officially.

"Rest assured, the reference will definitely apply. As an advocate, I have to do something. Zhou Ying's smiling eyes became crescent moons.

"Hey! Send the Buddha to the west, okay, let me say my understanding.

In this case, the main reason why the court applied the death penalty (death reprieve) to the defendant Yang Rongwei was that his criminal conduct had particularly seriously endangered the victim's personal rights. In other words, the defendant's criminal act caused serious injury to the victim.

According to the evidence in the case, after the incident, the public security organ's forensic appraisal of the victim Gong Jingyan showed that Gong Jingyan suffered cerebral contusion and subarachnoid hemorrhage, and the degree of injury was serious; Multiple skin and soft tissue lacerations of the upper limbs, massive blood loss, resulting in hemorrhagic shock, the degree of injury is serious; Multiple skin lacerations on the face, with six linear scars, are not serious. The evaluation concluded that he was seriously injured.

Based on the evidence submitted by the procuratorate, the court of first instance determined the extent of Gong Jingyan's injuries.

However, according to the case file materials you brought back from the Provincial High Court, the procuratorate once again re-evaluated the scars caused by Gong Jingyan's head and face injuries, and concluded that Gong Jingyan's head and face injuries caused multiple strip-like scars on her face, which were serious injuries.

It is very likely that the court of second instance will re-determine the extent of the defendant's injuries on this basis.

According to the discharge certificate issued by the hospital, Gong Jingyan's current walk is basically normal, her vital signs are normal, and her general condition is good. After that, the hospital issued a diagnosis certificate that Gong Jingyan had sequelae such as mobility disorder of the left lower limb, drooping right eyelid, and scar contracture of facial skin.

Based on this, it can be seen that causing serious injuries to the victim Gong Jingyan, especially the disfigurement caused by facial injuries, has become the main factor in determining the seriousness of the consequences of defendant Yang Rongwei's crime and determining whether he falls under the circumstances of "the death penalty must be carried out immediately".

In this case, the amount of property robbed was less than 100 yuan, and the mere robbery was not enough to sentence the death penalty, so the serious injuries of the victim Gong Jingyan will be the main factor in determining whether the defendant's conduct is a circumstance that requires the immediate execution of the death penalty.

Therefore, the provisions of the Criminal Law on the application of the death penalty for the crime of robbery are rather vague, so we may wish to refer to the relevant provisions of the Criminal Law on criminal liability for the crime of intentional injury as a reference in this case.

The law on the crime of intentional injury stipulates that anyone who causes serious injury and serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

It can be seen that in the crime of intentional injury, the death penalty can only be applied if the victim is seriously injured and seriously disabled by particularly cruel means, and the crime is extremely serious.

The Criminal Law and relevant judicial interpretations do not specifically stipulate how to determine severe disability.

In judicial practice, the provisions on 'severe disability' in the Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees can be referred to for judging.

The available evidence in the case cannot prove that the degree of injury of the victim Gong Jingyan is severely disabled; Moreover, on the whole, her physical condition has recovered well, and there is a basis for the court of first instance to find that the consequences of Yang Rongwei's crime are not particularly serious.

Although the defendant Yang Rongwei broke into a house and robbed the victim and caused serious injuries to the victim, and should be severely punished, considering that the consequences of Yang Rongwei's crime were not particularly serious, and that he was a first-time offender and had a good attitude in admitting guilt, the defendant did not fall under the circumstances of being sentenced to death and must be executed immediately.

In my opinion, the court of first instance imposed a death sentence with a two-year reprieve, which reflects the principle of proportionality to the crime, and the sentence is appropriate. Fang Yi explained.

Zhou Ying on the opposite side lowered her head and crackled on the keyboard, Fang Yi deliberately slowed down her speech speed to facilitate her recording.

"Lawyer Fang, sentencing for robbery, let's draw on the content of the crime of intentional injury...... Is it appropriate? After Zhou Ying finished typing, she raised her head and asked suspiciously.

"In this case, the defendant used violence in the course of robbery, causing serious injury to the victim, and committed both the crime of robbery and the crime of intentional injury.

So when the crime of robbery is not clearly defined, I don't think there is any problem with referring to the crime of intentional injury. Fang Yi smiled.

"Well, I'll sort it out, and the court will be held next Monday. I hurried back to work overtime and write out my defense. Zhou Ying said while packing up the case file.

After speaking, Zhou Ying ran out of the office with a laptop and a case file.

Fang Yi looked at her back and said with a smile: Young people are just motivated, and I hope to keep it.

……

On Monday, Fang Yi was drinking tea and discussing with Wan Kefa (nonsense), when suddenly there was a knock on the door, and as soon as the door opened, Assistant Feng walked over, smiled at Fang Yi and said hello, and came to Wan Kefa.

"Boss, Old Man Wu is here." Assistant Feng said softly.

"Oh? Why is Boss Wu here, please. After saying that, Wan Kefa got up and walked outside.

"Boss, you have a guest, I'll go back first, let's talk." Fang Yi got up and walked to the office, and just as he went out, he happened to see Wan Kefa smiling and greeting a tall white-haired old man not far away.

The old man looks very magnificent, walks with his head held high, his eyes are bright, he is wearing casual clothes, the skin on his face is ruddy and shiny, and he knows that it is very well maintained at a glance.

Behind the white-haired old man was a young man in a pink suit, oily hair and pink face, who made people feel very good at pretending to be B.

Fang Yi glanced at it and went back to the office.

(End of chapter)