Recently, the death penalty review case represented by Mr. Yang Haiming, a partner of the Criminal Department of King&Capital Law Firm, received the decision of the Supreme People's Court not to approve the death penalty. This case was assigned by the Legal Aid Center of the Ministry of Justice, and this is another legal aid case in which the death penalty was not approved by Yang Haiming.

After accepting the assignment, Mr. Yang went to the supreme people's court in time to copy the original case file and met with the defendant, and analyzed the case file carefully with the content of the verdict of the first trial and the ruling of the second trial. The defense of this case focuses on the victim's fault in this case and the evaluation of the self-surrender in the sentencing. Combined with the interpretation of the Supreme People's Court's “Criminal Trial Reference” case on the victim's fault, Yang Haiming used the evidence in the case to analyze the cause of the case and the victim's behavior on the case. In the defendant's surrender, Yang Haiming lawyers will be various circumstances of the surrender of the judicial resources savings comparison, and the surrender system set up by the legislative intent of the analysis, the surrender of this case is the most in line with the legislative intent of the standard of the surrender of the judicial resources of the biggest savings, and therefore should be given to the most substantial mitigation or alleviation. Comprehensive content Yang lawyer put forward the defendant's death penalty in this case should not be approved. After that, Mr. Yang communicated with the judge and submitted a detailed defense opinion. Eventually, the defense opinion was adopted by the Supreme People's Court, which ruled that the death penalty should not be approved for the defendant, and sent the case back to the court of second instance for retrial.

Although this case is a legal aid case, Mr. Yang Haiming did not relax the quality of the case in any way, and through the meticulous analysis of the evidence and materials in the case and the exploration of the legislative intent, the case achieved good results.

Attachment: Ruling

Translated with DeepL.com (free version)