Why is this happening so coincidentally, what does it mean to alternate between the new "Criminal Law" and the old "Criminal Law", could it be that the lawyer Du in front of him wants a consultation fee, but he doesn't want to speak in a disguised way? Qu Hongguo's brain was running rapidly.

"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 1979 but was amended in 1997 and the revised Criminal Code (the new Criminal Code) came into force on 1 October 1997. Your brother-in-law's case occurred before the revision of the Criminal Code, so the principle of leniency should apply.

The provisions of the Criminal Code of 1979 on intentional injury: ...... where serious injury is caused, a sentence of between three and seven years imprisonment is to be given; and where death is caused, a sentence of not less than seven years imprisonment or life imprisonment is to be given.

However, before the implementation of the new Criminal Law, the Decision on Severely Punishing Criminals Who Seriously Endanger Public Order promulgated by the Standing Committee of the National People's Congress (NPC) provided for a more severe statutory penalty for the crime of intentional injury than the 1979 Criminal Law.

Item 2 of Article 1 of the decision stipulates that anyone who intentionally injures and causes death shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment. where the circumstances are heinous, the death penalty is to be given.

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.

After the incident, the investigating authorities only initiated the procedure of pursuing the criminal responsibility of the main culprit Bian Zhenxiang, and your brother-in-law only accepted the investigation of the public security organs in this case, and did not evade the investigation.

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

The specific limitation period shall be determined on the basis of the statutory maximum penalty corresponding to Yang Wei's intentional injury, that is, according to the statutory penalty for intentional injury in the old Criminal Law and the Decision.

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

Qu Hongguo was confused: "Lawyer Du, you are indeed professional, so has my brother-in-law passed the prosecution period?" ”

"Although your brother-in-law's act of intentional injury was not the direct cause of the victim's death and the circumstances were relatively minor, as a participant in the joint crime, since his participation in the act caused the death, the time limit for prosecution should be determined in accordance with the intentional injury that caused the death.

In other words, a period of 20 years for prosecution should be set in accordance with the death penalty, the maximum legal penalty stipulated in the "Decision on Severely Punishing Criminals Who Seriously Endanger Public Order." This case was filed less than 20 years after the time of the crime, so the time limit for prosecution has not passed, so your brother-in-law should be held criminally responsible. Du Yong then explained.

"But my brother-in-law has not yet been sentenced, so how can I be sure that the death penalty will be applied? As you said just now, my brother-in-law's circumstances are relatively minor, and he is not the main culprit, so he should not be sentenced to death. Qu Hongguo looked puzzled, why did the death penalty come out, it was too scary.

"I have to explain this to you, I am talking about the statutory maximum sentence, not the sentence." Du Yong said seriously.

"What do you mean? Does it make any difference? Qu Hongguo is still in a state of confusion.

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

The statutory penalty is the punishment determined in accordance with the provisions of the Criminal Law on the basis of the nature of the crime, harmful consequences, circumstances, etc. A declared sentence is a sentence that the people's court decides on the basis of the legally-prescribed punishment based on the nature of the offense, and on the basis of the legally-prescribed punishment, based on the nature of the offense, and taking all kinds of aggravating or mitigating, mitigating, or exempting circumstances.

According to the relevant provisions of the Criminal Law, the length of the statute of limitations is determined on the basis of the statutory maximum penalty corresponding to the criminal act, not on the basis of the declared sentence corresponding to the criminal act.

This is because it is impossible to know exactly the declaratory sentence to be applied to the perpetrator before prosecuting him, so the statutory maximum sentence can only be determined on the basis of the general circumstances of his conduct, and then the statute of limitations for prosecution can be determined on the basis of the statutory maximum penalty. Du Yong said.

"Oh, I kind of see what you mean. In other words, whether there is a prosecution period depends on the maximum sentence of the corresponding relevant provisions in the Criminal Law, and this statutory sentence is only an estimated sentence based on the circumstances of the case, and has nothing to do with the final sentence decided by the court.

Because my brother-in-law's intentional injury caused the death of the defendant, the corresponding maximum sentence is the death penalty, and the prosecution period corresponding to the death penalty is 20 years, so my brother-in-law's case applies to the prosecution period of 20 years, is this how it is understood? Qu Hongguo put down the relationship between the front and back and said.

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

"Hey, if only the police had opened a case in a few months, then my brother-in-law wouldn't have to go to jail. You can't rely on society to do it. Qu Hongguo slapped his thigh, his face was entangled, and he 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 with chicken blood.

"According to what you just said, your brother-in-law played a secondary role in the joint crime and is an accomplice, and according to the provisions of the Criminal Law, the punishment should be reduced. The chances of getting sentenced are high, but you can get a suspended sentence. It is equivalent to serving outside of prison, and there is no need to go to prison.

Of course, this is just one of my suggestions, and whether the court will give a suspended sentence in the end depends on the trial. Du Yong said.

"Okay, I made a note of it, 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 originally expected Du Yong to give him ideas to see if he could break the fortune and eliminate the disaster. As a result, Du Yong gave him a popularization of the law, but fortunately, Du Yong's last few words made him feel a lot more comfortable, otherwise he would definitely feel that this meal was in vain.

After thinking about it, Qu Hongguo still wanted his father-in-law's family to ask the previous lawyer to defend his brother-in-law, because the previous lawyer swore that his brother-in-law would not be held criminally responsible, and he wanted to try his luck.

In fact, Du Yong was also relatively depressed, originally he thought that he could show a small face in front of the masses like Meng Guangda when he encountered a big case, but he found that it was just an ordinary consultation, and the other party did not even have the will to entrust.

No matter how high-end the food is, for Du Yong, it is not as attractive as the case that can make him show his face. He was eager to get an opportunity to showcase his professional abilities.

A month later, Qu Hongguo's brother-in-law was sentenced to three years in prison, suspended for four years, for intentional injury. It was only then that Qu Hongguo understood that what Du Yong said was right. Of course, that's all for later.

There is another chapter in the back, which is being played by hand. Update later.

(End of chapter)