On May 28, the Office of the Leading Group of the Special Campaign in Yunnan Province notified the situation of Sun Xiaoguo's case, and also introduced the family background of Sun Xiaoguo, which the public's extensive attention.
The report shows that when Sun Xiaoguo first committed rape, he used a fake medical record to escape the execution of the prison. When the second crime of rape, he used his work to obtain a sentence.However, according to the media previously disclosed that Sun Xiaoguo had been sentenced to death in the second crime of rape.How did Sun Xiaoguo escape in death?
Surging News (www.thepaper.cn) learned from the China Magistrate Document Network that a suspected criminal in Sun Xiaoguo's death criminal executed all the sentence, and why Sun Xiaoguo himself tried retrial and changed his sentence, and then served 10 prisoners.After the years became the process of the Kunming Night Scenarians, and became the biggest mystery in the case.
A number of criminal experts believe that in the three cases of the laws in the law stipulated in the three cases of guns under the gun, it is suitable for Sun Xiaoguo or only to reveal and report other people's crimes and major merits.
The death penalty of the year, the final judgment of the death penalty is approved
Yunnan reported that after the death penalty of Sun Xiaoguo's crime of rape in 1998, the second trial, retrial and judgment, punishment and other illegal crimes were stepping up investigations, and the case was thoroughly investigated in accordance with the law.
This means that the Sun Xiaoguo case has undergone retrial and judgment.As for the result of re -trial reform, the official did not notify.
According to the materials and published by the Procuratorate of the Supreme People's Procuratorate's Procuratorate in the Chinese Law Yearbook (1999) case, eight people including Sun Xiaoguo were found to be found to have 8 criminal facts.Women's crime, sentenced to fifteen years in prison; crime of intentional injury, seven years in prison; crime of provocation, sentenced to three years in prison;The crime and punishment decided to execute the death penalty and deprive the political rights for life.After the first trial, Sun Xiaoguo and others refused to accept and appealed to the Higher People's Court of Yunnan Province.The Higher People's Court of Yunnan Province was tried and rejected the appeal in accordance with the law and maintained the original judgment.
He Xiaodian, a well -known criminal defense lawyer who had been a judge in the senior court for more than ten years, told Peng Mei News that if the death penalty of the high court has been sentenced to Sun Xiaoguo himself, the ruling will take effect.As early as 1997, the Supreme People's Court authorized the High Court and the PLA Military Court to approve some death penalty cases. Until October 26, 2006, the Supreme Law released the second five -year reform outline of the People's Court.The Supreme People's Court exercised.This means that at the time, the Yunnan High Court issued an appeal to Sun Xiaoguo, and when the original judgment was maintained, and the death penalty was also approved immediately.
He Xiaodian introduced the time when the senior court approved the death penalty, and the time to issue the death penalty to the intermediate court did not legal specifications.It takes time, and also, such as centralized execution.However, after the death penalty order is issued, the law must be implemented within 7 days.Sun Xiaoguo's death was later resurrected. Obviously, after the second trial, before the death penalty, he started the retrial and judgment.
Zhu Mingyong, co -director of the Criminal Defense Research Center of China University of Political Science and Law, believes that it is worth noting that the order of the death penalty of Sun Xiaoguo's case is not issued or not issued.There must be a document that is changed, such as changing the judgment as a slow or dead sentence, and if he is sentenced, he may be sent to the prison to serve in his sentence. He cannot be a judgment of the death penalty. In the end, he did not execute it.It is impossible for legal documents to be sent to the prison.
Sun Xiaoguo was exempted from death, suspected that the same criminal was not changed
Zhu Mingyong told Peng Mei News that according to the 1997 Criminal Procedure Law of the Criminal Procedure Law in which Sun Xiaoguo committed the crime, there are generally three situations for reserved people under the gun: First, there may be errors in the judgment before the implementation.The criminals may need to change the judgment by revealing the facts of major criminal facts or other major merits; and the third is that the criminals are pregnant.
So, what kind of situation does Sun Xiaoguo conform to the death penalty immediately?
Surging News learned from the China Magistrate Document Network that on January 9, 2018, the Court of Guandu District, Kunming, Yunnan made a judgment on a dangerous driving crime of a defendant named Su Yuan.The judgment shows that Su Yuan, male, born on May 26, 1981, Han nationality, university culture, Panlong District, Kunming City, Yunnan Province, and lived in Panlong District, Kunming City, Yunnan Province.The defendant Su Yuan was sentenced to imprisonment by the crime of mandatory insult to women and intentional injuries on February 18, 1998, and was sentenced to two years in prison in the middle -level people's court of Kunming City, Yunnan Province.The sentence was released on the 17th.
In the Sun Xiaoguo case released by the Yearbook in China (1999), one of the eight defendants, Su Yuan, male, 17 years old, native of Puning County, Yunnan Province, student, was detained on November 18, 1997, in DecemberArrested on the 22nd.Su Yuan participated in the fifth criminal facts in the Sun Xiaoguo case, that is, Sun Xiaoguo, who was widely reported by the media, gathered 6 people to detain the victim Zhang Moumou's nightclub and stabbed Zhang Moumou's breasts with a teeth, forcing Zhang Moumou to bite the marble tea table.Among them, Sun Xiaoguo called Su Yuan to buy bamboo chopsticks and toothpicks.
Kunming Intermediate People's Court tried and made a first trial judgment on February 18, 1998.Among them, Su Yuan committed the crime of insulting women and sentenced him to two years in prison; the crime of intentional injury was sentenced to one year in prison; several crimes were punished for the execution of two years in prison.
Compared with two materials, Su Yuan, born in 1981, was 16 years old at the time of the incident in 1997. The Kunming Central Court sentenced him to two years in prison.The full release time is exactly November 17, 1999.Two materials echo each other.
A senior legal practice expert who had a lot of death penalty reviewed cases told Peng Mei News that if Su Yuan and Sun Xiaoguo were consistent with Sun Xiaoguo in the judgment of the Guandu Court, it meant that Sun Xiaoguo was maintained by the High Court.There is nothing wrong with criminal facts.From the disclosure of the judgment, Su Yuan failed to obtain the judgment and completed the entire sentence of the Kunming Intermediate Court's previous judgment.
Errozen cases, divide relevant personnel according to the degree of responsibility
Sun Xiaoguo's death and resurrection was obviously aimed at him to suspend the death penalty and conducted a retrial renovation.
Liu Chang, a lawyer of Beijing Zhongwen Law Firm, believes that Sun Xiaoguo's reason to stop executing the death penalty and exclude pregnancy is likely to apply the second situation, that is, it is considered to be exposed to major crimes of others before execution.Or there are major merits of performance, of course, it cannot be ruled out that the executives found that the court's judgment was indeed wrong.
The aforementioned legal practice expert believes that reporting and revealing crimes is generally required to be a major crime that can be sentenced to more than life, or several crimes in prison.
He Xiaodian introduced that cases such as Sun Xiaoguo must have been submitted to the trial committee for discussion by the dean.At the meeting, members of the trial committee made a judgment based on the report materials submitted by the organizers.If the criminals make fake evidence materials, such as fake work, or fake reports to reveal the materials, it is clear that most people can see it.But it is not obvious false materials, or related personnel who wants to cover him will pretend to be confused.However, He Xiaodian emphasized that even if the case was determined by the trial committee, the responsibility of the relevant personnel was divided according to its participation after the case was wrong.
He Xiaodian introduced that after the re -trial was determined by the death penalty case, the high court was generally re -judged.It is possible to change the judgment to die, or in the future, and is mainly determined based on its new facts.
Yunnan also reported that during the investigation, Sun Xiaoguo, his mother Sun Heyu, his stepfather Li Qiaozhong and the relevant personnel of the court, and used the unlocked lock -type anti -theft of the manhole cover to apply for a practical new patent., To achieve the purpose of identifying major merits to help them reduce their sentences.
patents generally include three types, one called invention patents, one is a practical new patent, and the other is called design patent.Among them, the invention patent requirements are high, creative and difficult, and the patent and design patent of practical new types of patents are relatively simple. Sometimes it is a gimmick, there is no technical content, just a new method;It is actually a question if it can be reduced as a major merit.Zhu Mingyong said.
After death, operate to be reduced, involved in prisons, courts, etc.
A number of criminal experts explained according to the official report that Sun Xiaoguo was sentenced to death from being sentenced to death to renovation, and then commissioning. He was released from prison for more than ten years.
Official report also shows that the Sun Xiaoguo case has made staged progress. Relevant departments have already conducted Liu Siyuan, former deputy inspector of the Provincial Prison Administration, Zhu Xu, former deputy director of the Provincial Prison Administration, and the former full -time members of the Judgment Committee of the Provincial Senior People's Court.11 people including Liang Zi'an, Kunming Intermediate People's Court Vice President Chen Chao, and Sun Xiaoguo's important relationships have taken apartment measures to perform the arrest of nine criminal suspects in the series of criminal criminal cases involved in Sun Xiaoguo after being released from prison.23 criminal suspects were criminally detained.
According to Surging News, a judge of Yunnan High Court who hosted Sun Xiaoguo's case in the case of Sun Xiaoguo committed suicide after retiring, or was related to depression.
According to the notification of the Office of the Leading Group of the Special Campaign in Yunnan Province, the relevant case handling departments in Yunnan Province are in accordance with the requirements of the Central Supervision Group and the Provincial Party Committee, and after being sentenced to the death penalty of Sun Xiaoguo in 1998, the first instance was sentenced to death.The re -examination of the judgment and the execution of punishment and other illegal crimes have been stepped up to conduct investigation work, and thoroughly investigate the case in accordance with the law. The national public officials, relationship networks and protective umbrellas provided by Sun Xiaoguo in the case, resolutely investigate in the end, and deal with it seriously according to laws and regulations., Never tolerate.
Zhu Mingyong's analysis believes that with the deepening of the official investigation, if Sun Xiaoguo's judgment is found illegal operation, the trial supervision procedure may be started and the original judgment will be revoked.Sun Xiaoguo was dealt with in the case of the black case, and it was possible that he was sentenced to death and even executed immediately.
