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During the trial

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Started 10 years ago by hjasu318711

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hjasu318711
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 After Traffic Accident escape surrendered to actively compensate the families of the deceased to sign letters of understanding when we know the family of the deceased judge surrendered drunk driver - "Understanding" the driver to go back on the victims' families Traffic Accident together a simple, positive compensation for the families of the driver in economic losses, the families of the victims signed a memorandum of documents. But when the perpetrator was sentenced to probation, but the victim's family go back on court to require perpetrators sentenced. Although the final perpetrators or be sentenced to probation, but the families of the victims of the file in the end there is an understanding that the focus of no legal effect or be thrown into the public eye. The driver gave the driver escape early in the morning because of fear Li case the perpetrators are a taxi driver,barbour france, worked in Beijing, a large taxi company. July 2009 One morning, Mike, as usual turnout at around 6:00 in the morning. Due to lack of sleep leads to dispersion of attention, he just opened the door a short monk,http://211.86.128.2/gjjl/Review.asp?NewsID=595, who was crossing the road will be older women knocked down. Facing fell to the ground unconscious wounded, Mike panic. Because of fear, he fled the scene driving speed, but his license plate would have been recorded roadside pedestrians, reported the matter to the police. When police arrived on the scene, 120 emergency personnel have been officially confirmed knocked the old man died, then the police started investigating the accident, and soon, license plate number and physical characteristics Mike's was the police have. Embolden drink wine drunk driver to surrender Besides Li fled the scene, did not dare go home, but came to the usually more to a good friend's house, his butt this through faithfully to a friend talk about it. Soon Li's family to drive over, everyone will discuss, we decided to let the traffic police force Li to surrender, for leniency. Meanwhile, Li's family also relieved him, after all, relatively good economic conditions at home, so the compensation for victims is not a problem. Time close to noon, Li in leading friends and family down to a restaurant. Due to the small Li Tiansheng timid, my friends to give him courage, and specifically asked for a bottle of liquor, Li said nothing to drink a lot, and then in the company of family members to the nearest public security organs gave himself up. In the traffic police force, police investigators found Mike covered with the alcohol, it will be taken to the hospital for alcohol testing,http://www.shuaigun.com/home.php?mod=space&uid=114567, the results of the blood alcohol content he actually has reached a value of 114, it belongs to a state of intoxication. The same day, Li traffic accident by the police on suspicion of criminal detention. Active compensation for victims and their families to sign letters of understanding After Li was detained, his family soon found the families of the victims and expressed its willingness to economic compensation, hoping to get the understanding of the families of victims. Families of the victims to see Li family attitude is very sincere, but also to give the opportunity to consider one of its rehabilitation,barbour france, she agreed to the Li family proposed financial compensation scheme. Soon after, Mike's family paid a total sum of more than 400,000 in damages. As one of the conditions, the families of the victims in a document submitted to the understanding of the prosecution and the court signed the contents of this document include "the defendant has actively pursued the civil compensation, the judiciary can recommend a lighter punishment Li ...... " Subsequently, Li's family will submit the document to the hands of the court's Procuratorate and the investigators, and the families of the victims also expressed a wish for the investigators to give Li a fresh start in life opportunities. Drunk driver sentenced to probation cited dissatisfaction with the victims' families In mid-December 2009, Mike traffic accident case in open court hearing. Mike's family members and family members of victims are to attend the hearing of the case. During the trial, an indictment of the prosecution has attracted the attention of the victims' families - After Li was arrested, every hundred milligrams of alcohol in their blood values of 114, belonging to a state of intoxication. Although the final, the court finds that the traffic accident and the escape of Li circumstances of the crime, but did not to be identified for the alcohol value, but prosecutors did not accuse Li of drink driving. But for this detail, but the families of the victims expressed great dissatisfaction that the families of both the judiciary and Li Li drink-driving cover of this critical link. Eventually, when the court convicted Li traffic crime, sentenced to two years, suspended for three years when the families of the victims quit. Authoritative statement France seized two go back on the agreement is not supported In this case the day of the verdict, the families of the victims came to court, when the court sentenced Li was sentenced to probation,parka canada goose,http://www.aurosiksha.org/login/index.php?item/create_form/1, the victim's family was on the loud opposition in court, and claimed that he signed a memorandum of understanding was cheated. Although the ruling families of the victims of this criminal case is not entitled to make any comments, but France seized both houses is still very listened carefully to the views of families of the victims. Families of the victims pointed out that since the entire investigation process, the fact that Mike never drunk heard people mention, so he signed a letter of understanding, etc. So in case I do not know the truth of being cheated signed. In this regard, the families of the victims believe it should be sentenced Li should not be sentenced to probation. In this regard, the prosecution and trial court officials have repeatedly told the families of the victims, Mike is drunk after a traffic accident in drinking wine, without any relationship with the case. Given Mike belong to first-time offenders, have to surrender the plot, plus their families also conducted economic compensation amount exceeds the law, especially with the families of victims of the understanding protocol, so the court was sentenced to probation. For this explanation to investigators, the families of the victims can not accept, but because it has signed a memorandum of agreement, so did support for its handling units go back. Soon, Mike out of the detention center's door. Lawyers Reviews Go back memorandum of understanding could contribute to unhealthy In our country, as the families of the victims of a criminal case, if the defendant was sentenced to punishment not satisfied, there is no power to ask the Court aggravating. However, if the victim's family issued a written document of understanding that their views tend to be adopted by the court. Memorandum of Understanding in the end is what kind of files? Victims of the criminal case file at the time of signing Memorandum of Understanding, what issues need to be considered? Beijing winner Liu law firm lawyers presented his views on this. Liu lawyers believe that the families of the victims families of the accused at the time to get huge compensation payments issued the claim on the defendant a lighter sentence letter of understanding, but in court the day but requires the defendant sentenced to real punishment, their behavior is actually equal to the required the court sentenced the defendant, this practice may give a "cheat compensation payments" impression. Liu lawyers believe that if the case the judge to adopt the recommendations of the victims' families, the defendant is actually unfair in terms of the community will cause adverse effects, may result in future similar situations occur frequently. Expert opinion Signed a memorandum of understanding to think China would Penal Law Professional Committee members in understanding the case after Zhang Ping pointed out that an increasing number of injuries, accidents or even intentional homicide victims' families appeared understanding agreement, but in fact, for many families of the victims of the Memorandum of Understanding play a role is not very clear. "While this form of letter of understanding in our country is not yet clear legal provisions, but more and more starting to focus on understanding the court agreement between the injured party and the defendant if the victim can only understanding the defendant's criminal behavior, then Understanding the accused at the time of the conviction and sentencing will play a decisive role. Therefore, in such cases, the injured party when signing letters of understanding must think twice. "Zhang Ping said. Contrast case Homicide criminal reconciliation Yin Zhengyi October 2009, Zhengzhou City Intermediate People's Court Mengmou love not to kill his girlfriend sentencing, Mengmou defendant was sentenced to death, suspended for two years. Henan Province as the first cases of intentional homicide criminal reconciliation system, criminals Beipansihuan case in the local debate. 23-year old Zhongmou County Mengmou, July 2008 to work in Zhengzhou, met fellow 18-year-old girl in a blue, he began exchanges. Because the woman's family tried to stop, causing Mengmou dissatisfaction. The evening of 24 November 2008, cheat Mengmou a blue sleeping pills the next day at 1 pm, while a blue sleeping machine, Mengmou a knife to kill Lan. Mengmou reason Pipansihuan with criminal reconciliation system Zhengzhou City Intermediate People's Court of the implementation of the relevant. Under this system, when the city courts in adjudicating criminal cases, will follow the combining punishment with leniency criminal justice policy, criminal cases, conciliation or mediation the parties, so long as the victim and the offender reached a settlement agreement in the future, which will be to reduce the judiciary or exempted from punishment. Some people questioned if the money can be used mediation in criminal cases, rich people do not fear the law will be punished? Because for them, the criminal settlement is another form of "money commuted." Zhengzhou Intermediate People's vice president, said the criminal settlement can not be called "compounding", because the initiative still rests in the judiciary. The settlement system is started depends on the judiciary rather than individuals, is a very serious judicial procedure, there are very strict conditions and scope. According to relevant laws, judicial interpretations, the defendant pleaded guilty to repentance and active compensation, understanding the other party, not only reflecting its subjective malignant small, but also to reduce the degree of social harm behavior, the court may be punished more leniently accordingly. Edition the author / reporter TIME Understanding Agreement Because that Li surrendered belong drunken state at the time, the families of the victims to go back in court, claiming the signing of memorandum of understanding was "cheated" and demanded sentenced Li. But for the case "has signed a memorandum of understanding, the victims go back after the verdict," in our country and no relevant laws and regulations. invalid? Glossary Loss reduction and Criminal Reconciliation In criminal incidental civil compensation cases, the civil part of the mediation, and to make financial compensation of the defendant to give a lighter punishment, folk call this the "lose money commutation," is part of the "criminal reconciliation" work. Support "lose money commutation," one that "lose money commutation,http://www.democratie-socialisme.org/spip.php?article3389," in order to safeguard the interests of victims. They argue that previous criminal trial is not a particular emphasis on reparation for victims, disadvantaged due to lack of compensation for victims or their families,http://bbs.anjian.com/home.php?mod=spacecp&ac=blog&blogid=, they are often caught in the plight. Court from a humanitarian point of view, to help the victims to solve real life problems, and resolve grievances between victimizers and victims of. As long as the offense is not particularly serious,http://www.democratie-socialisme.org/spip.php?article3387, did not cause public anger, without departing from the spirit of the law, it is worth promoting. The legal profession that "lose money commutation," must meet at least three conditions. First, the defendant pleaded guilty to a good attitude and take the initiative to make financial compensation for the victims; second, the judge should seek the views of victims or their families, they agree to mediation, willing to accept financial compensation and to some extent on the defendant's understanding offense, it may mediate; Third, look at the severity of the offense the defendant. If bad social impact,canada goose pas cher,http://www.xiyatour.com/home.php?mod=spacecp&ac=blog&blogid=, such as the previous several "Daughter", even if the defendant losing money, it is impossible to get a reduced sentence. July 24,http://bbs.anjian.com/home.php?mod=spacecp&ac=blog&blogid=,parka canada goose, 2009, the Beijing Intermediate Court formally announced the "Guiding Opinions on Regulating the number of criminal trials in criminal reconciliation work." According to the "opinions" in the private prosecution and violations of individual rights in criminal cases, as long as the perpetrators positive financial compensation, and to reach an understanding and the victim, the court in sentencing for perpetrators can be punished more leniently or exempt from punishment. But opponents argued that "criminal reconciliation" In fact indulgence of the crime, the destruction of the seriousness and uniform implementation of the law, the Department of tailored policies for the rich. Related Cases Sun Weiming Chengdu Sun Weiming Chengdu after he was sentenced to death, their families actively raising money, because of drunk driving and death for more than the families of victims financial compensation, and ultimately, more than the families of the victims signed a letter of understanding. Sichuan Higher People's Court adopted the views of the victims' families in understanding the requirements of a lighter punishment in the book when the second trial, Sun Weiming commuted to life imprisonment. 

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