not to be more substantial lighter punishment

DavidCadogan.ca Forums » DavidCadogan.ca

not to be more substantial lighter punishment

(1 post)

Started 10 years ago by gdflkoiv9k6

Tags:

gdflkoiv9k6
Member

Video loading, please wait ... AutoPlay & nbsp; before play husband stabbed his wife raped by forward and backward once migrant workers, Tianren Xin (center) and the village's partner photo. Tianren Xin relatives for Tuluo Mei and her three children. Middle two children born to the couple in flight romero. Beijing News reporter Xiao Hui photo Witnessed the wife was sexually abusing workers, brandished a knife under her husband anger murder. The Court of intentional murder and sentenced to life imprisonment. The defendant's sentencing is too heavy? Whether it is self-defense murder defendant? This year, after the disclosure from the old cases, it has caused heated debate in the country's legal profession. When humanity encounter law, when the law suffered torture, some experts believe that this case is sure to become a classic case history of China's criminal law, the right of self-defense of citizens recognized in judicial practice, courts have carefully decide cases and other aspects of reality significance. Small and frail, dark,http://www.mt-bbs.com/home.php?mod=spacecp&ac=blog&blogid=, gaunt, silent. 37-year-old Romero curled up, it looks downcast. She never smiled, most of the time, reporters ask, she hesitated a few seconds before slowly answered. Dejiang County, Guizhou Province, Stephen Town new village deep in the mountains of this old house has collapsed abandoned before leaving home, romero, with four children staying in her husband's brother's home, on welfare farming and relatives live,http://www.fjvip.org/home.php?mod=spacecp&ac=blog&blogid=, 4 Children oldest daughter 15 years old, the youngest son of 6 years old. According to the court verdict found the evening of 17 March 2006 nine years ago,http://www.altritaliani.net/spip.php?article213, working in Wenzhou, Zhejiang Ryan Romero was with the workers hostel Ping unlawful infringement, anger under the knife to kill her husband Tianren Xin Zhang Ping, after the romero embark on the road to exile. In February 2014, Tian Renxin surrender, then in June Tianren Xin intentional homicide was sentenced to life imprisonment. Romero did not know the court called "unlawful infringement", she has insisted that he was raped that night. Romero said her biggest wish now is that her husband will commutation, out early, and raise her children. Romero and when talking to reporters, 7-year-old and 6-year-old Nana Eastern Wanni Ba crouched in the corner house and earthworms, they are romero couple fled during the birth of a child, no toys, no playmates, along with parents hiding in the mountains, like playing with mud and insects. They did not know my father went to prison, Romero told them my father out of work. The incident: Witness her husband to kill his wife was raped He climbed into the house through the window and saw his wife lie on your back in bed, Zhang Ping, who pressed romero, romero still resistance. After seeing the house Tianren Xin Ping, down from the bed, and put pants action. February 2006, 28-year-old Romero and her husband to Wenzhou Ruian town solar car decoration services work. Previously, born in the mountains of Guizhou romero never been out of town, she married 20-year-old Tian Renxin, gave birth to two daughters. In her eyes, Tian Renxin natured honest, very will hurt people, before going out to do Tianren Xin building temporary workers, will advance good split firewood, fetching water to fill the tank. Came to Wenzhou, the couple lived in the company in the days Road Tangxia staff rented dormitory where they lived on the third floor, 10 square meters of the house to them the three beds, sleeping a couple romero beds, sleeping in one bed colleague Zhang Ping, according to Romero's description, Zhang Ping is Liupanshui people, and they are fellow, about 1.7 meters tall, more strong. And a man other than her husband to live in a house, romero always feel awkward, but in order to save a few hundred dollars per month rent, Romero did not say anything. On several occasions, while Zhang Ping Tian Renxin not, he told Romero joked: "You look good to see," "I'm a bit like you, let me touch you." On one occasion, Zhang Ping hands touch the chest romero, romero open the Ping ran out, but she did not dare tell her husband. Zhang Ping Tian Renxin than thin, she was afraid of her husband suffer bullying. Romero tentatively asked Tianren Xin, can move out, but Tianren Xin said, save time and money now. According to Romero's talk, at 23:00 on the March 17, 2006 more by others shout away to leave the dormitory, romero sleeping in bed. Dark, a naked man pushed the bed, in her chaos rub. Romero found after Zhang Ping, desperate resistance, he pushed Zhang Ping. Zhang Ping put Romero clothes torn, a hand strangling throat romero, romero body pressed against him. "He raped me, the pressure on me to do that, before and after half an hour." Romero said. According to Romero's talk, Zhang Ping for her implementation of the rape. She was desperate resistance, and shouted, "Help, help." In Wenzhou City Intermediate People's Court verdict, there is no credible romero alleged rape of Ping's behavior as a "sexual assault", June 18, 2015, the Wenzhou Intermediate People's Court, in its official microblogging circumstances make this decision a description that only finds Zhang Luo implementation of unlawful infringement, Zhang has found insufficient evidence of rape Luomou. Since the incident eight years later, Luo did testify Zhang rape, but Zhang had died, the scene no witnesses, there is no relevant evidence as a victim fine spot to be confirmed. Liu workers live on the second floor, Zhu, who has testified as a witness to the court. But several witnesses did not testify hear romero shouting "help" sound. The fact that they state that, from the beginning of the fight after and Zhang Ping,http://store.shopping.yahoo.co.jp/lens-deli/5-fshlk-6.html, only to hear the shouts of the third floor. But his wife's voice calling for help, Tianren Xin heard. According surrendered after police confession, about midnight the same day, he returned to the dormitory, wife outside the house heard the shouting, "Help, help, do not, do not," he climbed into the house through the window and saw his wife in bed supine Zhang Ping pressure on Romero's body, romero still resistance. After seeing the house Tianren Xin Ping, down from the bed, and put pants action. Romero recalls that asked Romero: "Yes you are willing, or is forced?" Romero crying while answering Tianren Xin angry head, and Zhang Ping struggling together "is forced.." Romero is the only witness the scene, she told reporters, Zhang Ping is the first to come up with a kitchen knife. "Because my husband was small, beat Zhang Ping. Her husband picked up a wine bottle smashed Zhang Ping. Ping brought a kitchen knife, waving toward my husband." Romero said Zhang Ping take liquor bottle hit in the head, the knife fell to the ground from the hands of Zhang Ping, Tian Renxin picked up the knife, cut the body towards Zhang Ping. "He was probably irrational, brandished a knife and hacked, I call him, 'Do not hit the' Ping fell to the ground and said, 'This fight can not be OK'." Wenzhou Intermediate People's Court verdict said the incident that night 12 pm, live on the second floor, third floor workers Liu was awakened by the sound of a fight, hear upstairs Tianren Xin said "too bully people," then, after hearing Zhang Ping shout for help, someone from the third floor to hear the sound of running down the stairs. Workers also testified that Zhu Ping vaguely heard shouting, "You give me a break." Romero said Zhang Ping, lying on the ground unable to move, his neck was cut a big hole in the ground with a pool of blood, she was not sure whether Zhang Ping was dead, she and her husband are afraid, they fled. Verdict shows, according to forensic identification, Zhang Ping was repeatedly slash sharp, head, neck, upper limbs and other parts more than 20 marks, resulting in the right common carotid artery, jugular vein rupture, thereby causing bleeding and death. escape Hiding in the mountains with two baby One year the New Year, her only five dollars, two hungry children crying and shouting, she had to buy two packets of instant noodles down to feed their children, she and her husband hungry coming New Year. Romero recalled, when she and her husband fled, panic did not bring anything, just 300 yuan body. Romero remember that night, cold weather, by the faint moonlight, they fled to the mountains. Romero did not know the exact location and names. She could only remember, fleeing the day, that is, from a mountain escape to another mountain, by working to discuss race and vegetables to eat. Most of the time, they lived in makeshift shed with plastic sheeting, the first mountain under a month, to buy necessities. "I heard the police ring, thought it was our task, scared to death." Romero said the fugitive, she often homesick two daughters. When she left home, 6-year-old daughter, 3-year-old second daughter. In the second year of exile, the third daughter Nana was born in vegetable shed. Did not dare go to the hospital, there is no money to go to the hospital, cut the umbilical cord with scissors romero own. Escape the third year, the youngest son of the stuff is true born in vegetable shed. Romero remember one year the New Year, her only five dollars, two hungry children crying and shouting, she had to buy two packets of instant noodles down to feed their children, she and her husband hungry coming New Year. Romero life of hardship is not the most bitter thing after night, Tian Renxin always silent, rarely talk to her. Sometimes Tian Renxin a drink alone, drinking drinking he will blame Romero:. "All because of you, there was that kind of thing can not go back home," Romero cried and said: "I am a victim, I also I do not want to. "The couple will be silent no longer speak. Romero said that this day had numbness, and sometimes she would think, might as well be caught, fugitive life can end. 2014, Nana 6 years old,http://www.career-c.com,giubbotti moncler, 5 years old stuff, siblings no other companions, no reading, two people in the mountains playing with mud, catching small insects, wild child like the same life. One day, Tian Renxin initiative said, "for children to read, we go home." Romero quietly pack snakeskin, ending eight years of exile life. Trial: Abandonment of appeal sentenced to life imprisonment "There is no money to hire a lawyer, there is no money for compensation, someone told me, no money outcome of the appeal is futile. We can only accept this result." Tian Hitomi suddenly remember a brother to return home the day of the first month of last year, Tian Renxin couple with two children, four men dressed in tattered clothes, carrying a snakeskin bag, like a beggar appeared in front of his house. Tianren Xin had abandoned the house has collapsed, the couple left two daughters at home parents do not remember the way, hiding behind grandmother. Tian Hitomi find his brother eight years. 2006, Zhejiang to the police to find his home and told him, Tianren Xin murder absconded. Tian Hitomi says he can not believe his brother would kill docile. He went to Wenzhou looked several times, and care of fellow migrant workers inquire about the whereabouts , we shall have a clue. Nephrite high new village director told reporters that the villagers heard the news of the murder Tianren Xin, very surprised, in their eyes,moncler sito ufficiale, Tianren Xin honest stiff, elderly in the village called him "three good", he ranked third at home, character is very docile. Tianren Xin home the first night, Tian Hitomi and he talked all night. Hitomi persuaded his brother to surrender Tian Tian Hitomi told reporters: "He told me that he witnessed his wife was raped, in a fit of anger, irrational, knifed each other, just subconscious action, do not know how much to cut knife, also I did not expect hacked. escape all these years, life is very practical, but also to take care of poor children, for children to have a stable life, he was willing to surrender. " Go home the next day, February 20, 2014, Tian Tian Renxin come with Hitomi Dejiang County spring town police station to surrender. They then received police Lujiu Hong recalls: "He (Tianren Xin) looks very tired, fled the day he tortured exhausted, he calmly admitted that he killed a man." Lujiu Hong told reporters after the police station Tian visited the village several times to new, advised to contact his family Tianren Xin surrender. "We understand that is a sub-farmers out of work before 2006 no criminal record, no quarrel occurred and the village people." In June 2014, has been prosecuted Wenzhou City, Zhejiang Province People's Procuratorate. Tian Ren told reporters the United States, because there is no money to hire a lawyer, Wenzhou City, Zhejiang Province, deputy director of the hospital designated a law firm Zhang the defense attorney for . Before the trial, judges and lawyers to find Tian Ren spoken to his brother's wife, "They asked me if I can come up with the money at home, if the families of the victims compensation 10-15 million and the families of victims to obtain the understanding, you can try to get lighter sentencing judge." Tianren Xin home without a penny, the whole family can join in the big field name missing 100,000 yuan,moncler outlet online, Tian Hitomi thought the loan to save his brother, but no assets, get loans, and ultimately did not give the families of victims of civil compensation. In June 2014, Wenzhou Intermediate People's Court, intentional homicide and sentenced to life imprisonment Tian Renxin. "The results exceeded our expectations." Tian Ren said the United States, we do not expect to be sentenced to life imprisonment. "The other rape crime earlier, my brother was self-defense, but also voluntarily surrendered themselves." But Tian finally abandon the appeal, "There is no money to hire a lawyer, there is no money for compensation, someone told me,air max 90 pas cher, no money outcome of the appeal is futile. We only We can accept this result. " Later, the Wenzhou Intermediate People's Court in the case of public explanation of mentioned that, "without making any civil compensation", which is not to be a factor for more substantial lighter punishment. Reporters learned that, in actual case, the accused if civil compensation to families of the victims, the families of victims to obtain the understanding, belong to the discretion of the mitigating circumstances, the court may reduce the punishment appropriate. Tian Hitomi still do this blame, "if there are 10 million, his brother probably would not be a life sentence." He heaved a sigh of relief: "the family is poor, the elderly and children should be raised, ten million is an astronomical figure. " dispute: Case triggered intense discussion Ruan Qilin that the case is worth to explore and reflect on the important point is that our judicial practice the right of self-defense recognized citizens, how can we truly legal protection of defenders at risk. In June 2014, he was sentenced to life imprisonment after Tianren Xin, abandon the appeal into prison. The case attributed to depression, like a drop of water into the sea, silently. Until June this year, a year later, that someone would put the verdict on the network. The degree of public attention to the case of rapid warming. On the Internet, users almost one-sided sympathy for Tianren Xin, questioned the heavy sentence to life imprisonment. Some netizens also called for respect for the discretion of the trial and the independence of judges. A year ago at this time the case is hot and questioned, as court of first instance, the Wenzhou Intermediate People's Court has become the focus of public opinion. Wenzhou Intermediate People's Court the relevant investigators did not interview with the media, but issued on its official Weibo on June 18, "on the accused Tianren Xin intentional homicide of note", as an attitude and respond to the court. This fact shows that most users questioned were on a strong "victim behavior whether rape", "defendant Tianren Xin sentencing is too heavy," "murder defendant whether self-defense" and to respond. A ripple. This case caused waves quickly to the country. In addition to users of the legal profession have also involved in discussions, writing articles,moncler outlet, to express their views. College of Criminal Justice, director of the Institute of Criminal Law of China University of Politics and Law Ruan Qilin that the case worthy of discussion and reflection place, that our judicial practice the right of self-defense recognized citizens, how can we truly legal protection of defenders at risk. South China University of Technology, a senior legal scholars believe that this case has a real sense, regardless of the outcome of discussion of how such a discussion would alert significance court, asking the court in a particular case, more cautious, every detail of Discrimination , accommodating only human common sense, combined with the spirit of the law, it may be as reasonable and convincing decision, which is not only the inherent requirement of judicial decisions, is also crucial to maintain the image of justice. Romero not understand the law, for intense discussion outside of her husband also did not know the merits initiated. had made a phone call home from jail, she told Tianren Xin, good performance in prison, for commutation of sentence, she and her children were waiting for him to come home. (Text romero, Zhang average pseudonym) ■ all points of view 1 views "Whether the behavior of rape victims." Romero: "He raped me, the pressure on me to do that, before and after half an hour." Wenzhou Intermediate People's Court: only identified Zhang Luo implementation of unlawful infringement, Zhang has found insufficient evidence of rape Luomou. Since the incident eight years later, Luo did testify Zhang rape, but Zhang had died, the scene no witnesses, there is no relevant evidence as a victim fine spot to be confirmed. Jin Zegang (Tongji University Law School professor): Tianmou statement did not confirm Zhang's behavior is rape. According to the rules of admissibility of evidence, the case had only identified Zhang Luo implement unlawful infringement, Zhang has found insufficient evidence of rape Luomou. So, the court held that any "Zhang told Luomou implement criminal violations" be it in the end? If it is obscene or insulting women, which, it should make it clear verdict, rather than vague "criminal violations." Point 2 "Tianren Xin sentencing the defendant is too heavy" Tianren Xin family: "The results exceeded our earlier expected the other rape crime, my brother is a defense to kill, but also voluntarily surrendered themselves.." Wenzhou Intermediate People's Court: the case of the implementation of the cause is unlawful infringement Zhang told Luomou, Zhang has a major fault in the subjective and can surrender after the incident , it can be given a lighter punishment. However, due to the reckless retaliation knife slash more than twenty knife Zhang, criminal means cruel, fled eight years, and did not do any civil damages, the court at the time of judgment, not to be more substantial lighter punishment, but sentenced the defendant to life imprisonment Tian Renxin law. After the verdict, the defendant pleaded guilty Tianren Xin service contract, there is no appeal, the prosecutor has not filed a protest. Zhang Institute (lawyer, Tian Renxin defender): The court's decision is not inappropriate, Tianmou guilty of intentional homicide and sentenced to life imprisonment is appropriate. Pengxin Lin (Associate Professor of Criminal Law Research Institute of Beijing Normal University): Wenzhou Intermediate People's Court found Tianmou intentional homicide was established, but the sentencing, sentenced to life imprisonment Tianmou too heavy. Tianmou accidental homicide,http://repository.tufs.ac.jp, plus there are surrender Tianmou plot to harm society greatly reduced in the appropriate sentencing lighter punishment, sentenced to 10 years imprisonment Tianmou more appropriate. Ruan Qilin (China University of Political Science College of Criminal Justice, director of the Institute of Criminal Law): Taking into account the human impulses and weaknesses, the wife when the husband in the face of others are violated scene, in anger,http://forum.hostlongisland.com/cgi-bin/index.cgi, impulsive emotional domination, passion killings. For such cases the decision to take into account human nature for defense right to exclude liability, to waive or reduce the punishment. Tianmou case sentenced to life imprisonment, apparently too heavy, sentenced to ten years in prison Tianmou more appropriate. 3 views "Murder defendant whether self-defense" Tianren Xin family: self-defense. Wenzhou Intermediate People's Court: Tianren Xin statement said, after he saw Zhang down from the bed and put pants, only with Zhang scuffle. According to the Criminal Code Article XX,http://www.noshironet.jp/bbs2/light.cgi?res=54, self-defense or defended when conditions requiring ongoing criminal violations. After Zhang Luomou unlawful infringement of the stop, retaliation and hold knifed hit Zhang's behavior does not constitute self-defense or defended when criminal law sense. Ruan Qilin (China University of Political Science College of Criminal Justice Director of the Institute of Criminal Law): self-defense and the specific facts of the case binding was particularly close, more ambiguous facts of this case, no one can tell whether Tianmou behavior is self-defense. Taking into account the fact that the Court of rape can not be determined, Tian and Zhang state fights in the melee during the uncertainty, it is not recognized as a legitimate defense, this decision in line with the current of Justice of the defense recognized scale, but the scale of the defense people too harsh, is not conducive to defend people. Zhuming Yong (lawyers, the Beijing Lawyers Association Professional Committee of the Criminal Code): The court found Zhang's "unlawful infringement has ceased." This view is too one-sided, mechanical, can not get out of bed according to Zhang, there is mention pants action, it finds stop crime. In our judicial practice, the Court finds very harsh self-defense, many belong to the category of self-defense acts have not been identified as self-defense, the case that is this is the case. Judges generally take "objective incrimination", based on objective results incrimination. The defense requested the judge afterwards Behavior moderate, slightly out of line it is possible to determine a variety of assault. This deprives citizens of full right of self-defense in the objective. Li Xiaolin (lawyers, who served as Beijing Lawyers Association Secretary-General, the criminal defense committee): the end of a single criminal violations does not mean the end of all criminal violations, there is no guarantee after Zhang finished in dealing , will again be against Luo Crime does not eliminate the hazard, and the two sides during the fighting, Tian Renxin of personal safety compromised. Tianren Xin in order to protect his wife from abuse, knife defense, belong to self-defense. Hao Zhicheng (lawyer): Under certain circumstances, even if the citizens "after the fact" defense is also reasonable. Just against Zhang did not show obvious intention or facts from the scene, the victim's personal safety would not have any protection. Therefore, as long as such order space still exists, the timing of the implementation of self-defense of the victim will not disappear. Beijing News Reporter / Xiao Hui Guizhou reports (Original title: a "deliberate murder" legal dispute behind) Edit: SN098 

Posted 10 years ago #

RSS feed for this topic

Reply

You must log in to post.