Case name: P. euphratica robbery homicide

Type: Criminal Procedure

Assignment: Suzhou Legal Aid Center

The lawyers: Beijing City Yingke Law Firm (Suzhou)  Cloud Chuang The lawyer (a, the second instance)

(in the case of Jiangsu province was named outstanding legal aid cases)

Case synopsis:

The recipient of Populus euphratica Department of Anhui Province, Bengbu in Suzhou, because of suspected robbery, the crime of intentional homicide by the Suzhou Municipal People's Procuratorate prosecution; in the case of major, recipient sentenced to life imprisonment or a penalty, and Populus euphratica himself not a lawyer, so Suzhou City Intermediate People's Court of Suzhou City, the legal aid center the appointed lawyer.

Suzhou City People's Procuratorate to sue check criminal [v.2010]137Indictment accused the defendant Li Jiafei, Sun Zhong, Wei Zhenhuo, Zhang Wenlong et al., P. euphratica with (dealt with) premeditated about Teng a home robbery, murder, and for that matter prior to check, ready to commit the crime tool.2010Years2Month25Evening, the defendant Li Jiafei, Sun Zhong, P. euphratica, Wei Zhenjing planned to (Zhangjiagang City,...) Teng a dwellings, tied up, beaten by means of robbery, robbery RMB13100Element and the value of RMB109955.6Yuan Volkswagen cars a platinum necklace, gold necklace, a gold ring, a. Subsequent to kill, the defendant Li Jiafei, Sun Zhong, Wei Zhen, P. euphratica by Le neck, blunt hit the head, screw knife cephalic means to kill the victim and his wife founded Teng a British, the female TengXXApplication of certain death, caused by a serious injury, Teng, TengXXMinor injuries, then fled the scene. Defendant Sun Zhong, Hu Yangyu2009Years9Month25Morning, to Anhui province Bengbu city Fengyang road the waxberry operating beautiful little hot Hair Coloring store, the late threats and other means, the robbery was the victim of Bayberry gold necklace, and then fled the scene. Suzhou City People's Procuratorate think, the defendant Li Jiafei, Sun Zhong, P. euphratica, Wei Zhen constituted the crime of robbery, intentional homicide, should be combined punishment for several crimes, and the crime were all principal, brought to the Suzhou City Intermediate People's court in accordance with the law shall be punished separately.

Handling process:

Accept the assignment, defense lawyers three times to the Zhangjiagang detention center to meet the defendant (appellant of Populus euphratica second), and two times to Suzhou City Intermediate People's court to consult, copy the file material. Because the case is a joint crime, the defense lawyers entrusted with the first defendant Beijing Chong Hing firm Wen Shilong lawyers, Beijing Luo Hui Huang firm Han Zhiguang lawyers defense idea of communication and coordination. Through the communication, defense lawyers analysis to determine the case for the defence of thinking and point of defense the recipient can be summarized as follows: (Populus1The prosecution organ charges) in qualitatively inadequate, the case shall constitute a crime of robbery, not constitute the crime of robbery and the crime of intentional homicide crime, no punishment (2Populus euphratica) plays a secondary and auxiliary function, in the crime process is an accessory; specifically: robbery victim is Yang Meisuo of the new operating point hot Hair Coloring shop, as Sun Zhong lookout, belonging to the offender; the victim Teng a robbery homicide, have stressed and only directly caused the victim TengXXMinor consequences; so it can be identified as an accessory (3Populus euphratica) to be controlled by the judiciary, take account of robbery victim bayberry operating beautiful little hot crime Hair Coloring shop, and no criminal record; so it can be punished more leniently, based on the above reasons, the defenders to request the court to the defendant of criminal responsibility of Populus euphratica determined in prison range.

Suzhou City Intermediate People's court after three times of trial, and ultimately failed to adopt the defense opinion defence lawyers, to2011Years11Month2Make (2010The Soviet Union in the penalty) at the beginning of the word no.0116Number of criminal incidental civil judgment. Sentenced to the defendant of Populus euphratica committed intentional homicide, sentenced to death, suspended for two years, deprived of political rights for life; commit robbery, was sentenced to fifteen years, deprived of political rights for five years, fined twenty thousand yuan; decided to implement the death penalty, suspended for two years, deprived of political rights for life, and shall also be fined RMB twenty thousand element.

Defense lawyers in the trial after the verdict, once again to the Zhangjiagang detention center to meet the recipients of Populus euphratica, listen to the views of a judgment; Populus euphratica said sentence is too heavy, the defense lawyer's first defense is very grateful, request help agent his appeal lawyer.

2012Years5Month25Day, the Jiangsu Provincial Higher People's Court (2012Three sentences with the word no.) Su0014Number of criminal incidental civil ruling, the court rejected the appeal, upheld the.

Case handling experience:

1In this case, the major complex, does not exclude the cases affected by factors outside the law; outstanding performance in the first three times before the trial, two trial, the Suzhou intermediate people's court has not the case the recipient of Populus euphratica and fourth the defendant Wei Zhen appointed defense lawyer; up to third times before the hearing, the Suzhou city intermediate the people's court through the legal aid center of Suzhou city as the case of Populus euphratica and recipient fourth defendant Wei Zhen appointed defence counsel.

2, in a case of joint crime, lawyer of the communication and coordination between the thinking is very important in determining the defense. In this case, the Volkswagen car involved whether included in the robbery crime amount, the Defense per capita dissent. Defense lawyers in the first draft of defense also insisted that the car can not be included in the robbery crime amount. In this case because of the recipients, including four the defendant's conviction as to robbery absorption of intentional homicide, the defendant's punishment will be compared with the robbery and murder of two to a lesser crime. Therefore, for Volkswagen cars are not included in the crime of robbery is mainly composed of a first amount of defense the defendant to defend; and for the case of robbery crime should be established only defense is mainly composed of the defense lawyers to defend. The focus of the dispute with reasonable division of work and focus on defense between people. In the second trial process, also is this division. And the second instance court commuted or remand the court of first instance for retrial from these two angles proposed.

3Careful, patient, defenders, professional defense, has been the recipient of detention officers, lawyers, and the judges approval; although the defense opinion was not adopted by the court, but still received good social effects, strengthen social for lawyers work identity. In the case of a second instance procedure, the number of times to defend Zhangjiagang City Detention Center to meet the recipient of Populus euphratica, went to Suzhou City Intermediate People's court papers, and communicate with the Beijing lawyers; lawyers from Beijing, two level trial court judge and recognized the civil police. Especially in the second instance trial, the first defendant Li Jiafei's brother personally to the defense lawyer ask for business cards. By the aid of Populus euphratica is many times more from the letter expressed gratitude to be strict in one's demands for its defense counsel. Another worthy of mentioning is, the defense, changed the legal aid is only as a mere formality condition; especially the lawyer charges of improper defense published, aroused the presiding judge, judicial police and audit the audience listened to.

4, in particular, the case after the verdict, the defense argued that the court of First Instance judgement problem does exist in the accusation and punishment. The lawyer's occupation morality based on Legal Aid Center, no assignment, to provide assistance to the recipient defend the second instance, the good performance of the legal aid system; the Beijing lawyer peer recognition, but also set a good image of Suzhou lawyers.

Cloud Chuang lawyer contact:

Address: Suzhou province Jiangsu city road three999Non ore13Floor, zip code:215004

Telephone.13962134959 E-mailClarenceyun@163COM