Lawyer's character

How could this happen so coincidentally? What does the alternation of the new Criminal Law and the old Criminal Law mean? Could it be that the lawyer Du in front of me wants consulting fees, but he doesn't want to ask for the money because of his face, so he wants fees in disguise? Qu Hongguo's brain started working 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 revised in 1997. The revised "Criminal Law" (new "Criminal Law") came into effect on October 1, 1997 implementation. Your brother-in-law’s case occurred before the revision of the Criminal Law, so the principle of leniency and leniency should apply.

The 1979 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 stricter legal provisions for the crime of intentional injury than those in the 1979 Criminal Law. punishment.

Article 1, Paragraph 2 of the decision stipulates that those who intentionally injure and cause death shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment. If the circumstances are serious, 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.

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

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

The specific limitation period should be determined based on the statutory maximum penalty corresponding to Yang Wei's intentional injury behavior, that is, based on the statutory penalty for intentional injury in the old "Criminal Law" and the "Decision".

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. "In order to show his expertise, Du Yong deliberately explained in detail.

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

“The intentional injury committed by your brother-in-law, although his behavior was not the direct cause of the death of the victim and the circumstances were relatively minor, as a participant in a joint crime, since his participation resulted in death, he should be treated as if he caused death. Determine the time limit for prosecution for intentional harm.

In other words, the twenty-year prosecution period should be determined in accordance with the statutory maximum penalty - death penalty - stipulated in the "Decision on Severe Punishment of Criminals Who Seriously Endanger Public Security". When this case was filed, less than twenty years had passed since the incident, so the prosecution period has not expired. Therefore, your brother-in-law should be held criminally responsible. "Du Yong continued to explain.

"But my brother-in-law has not been sentenced yet. How can we be sure that the death penalty will be applied? You just said that my brother-in-law's case is relatively minor and he is not the main culprit, so he should not be sentenced to death." Qu Hongguo said with a look on his face. I wonder why the death penalty is out there, it’s so scary.

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

"What do you mean? Is there any difference?" Qu Hongguo was still confused.

“There is a difference between statutory sentencing and declaratory sentencing.

Statutory punishment is a penalty determined in accordance with the provisions of the Criminal Law based on the nature of the crime, harmful consequences, circumstances, etc. The declared penalty is a penalty that the people's court determines based on the nature of the crime, taking into account various circumstances that are aggravating, mitigating, mitigating, or exempting from punishment, and based on the statutory penalty after the perpetrator has been tried.

According to the relevant provisions of the Criminal Law, the length of the statute of limitations for prosecution is determined based on the statutory maximum penalty corresponding to the criminal act, rather than the declaratory sentence corresponding to the criminal act.

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

"Oh, I probably understand what you mean. In other words, whether there is a prosecution period depends on the corresponding maximum sentence in the "Criminal Law". This statutory sentence is only an estimated sentence based on the circumstances of the case. It has nothing to do with the final sentence sentenced by the court.

Because my brother-in-law’s intentional injury caused the death of the defendant, the maximum corresponding sentence is the death penalty, and the prosecution period corresponding to the death penalty is twenty years. Therefore, the twenty-year prosecution period applies to my brother-in-law’s case. Is that how you understand it? "Qu Hongguo smoothed over the relationship and said.

"Yes, that's what I mean." Du Yong smiled.

"Hey, it would be nice if the public security organ opened the case in a few more months, so that my brother-in-law wouldn't have to go to jail. We can't rely on society to do something wrong." Qu Hongguo slapped his thigh and sighed with a tangled look on his face.

"Actually, your brother-in-law may not be in jail now." Du Yong advised.

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

"According to what you just said, your brother-in-law played a minor role in the joint crime and was an accessory. According to the provisions of the Criminal Law, the punishment should be reduced. The chance of being sentenced is very high, but you can strive for a suspended sentence. It is equivalent to serving the sentence outside prison. , no need to go to jail.

Of course, this is just a suggestion from me. Whether the court will ultimately impose a suspended sentence depends on the circumstances of the trial. " Du Yong said.

"Okay, I'll note 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 originally counted on Du Yong to give him some advice to see if he could make money and eliminate the disaster. In the end, Du Yong gave him a legal education. Fortunately, Du Yong's last few words made him feel much better, otherwise he would have felt that the meal was in vain.

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

In fact, Du Yong was also quite depressed. He originally thought that when he encountered a 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, it is not as attractive to Du Yong as a case that can show him his face. He is very eager to get an opportunity to demonstrate 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. Only then did Qu Hongguo understand that what Du Yong said was right. Of course, this is all for later.

There is another chapter at the end, which I am currently typing. Will update later.