Recently, Mr. Sun Yanhui and Mr. Zhang Xiaofeng jointly handled the case of Wang Mou's intentional homicide, which was heard by the Supreme Court and finally ruled that the case was not approved and remanded for retrial.
This case is a case of intentional homicide, sun yanhui and zhang xiaofeng lawyers accept the commission, deeply responsible, and the case to the death penalty review stage is also the only opportunity to save the life of wang mou. Under heavy pressure dare not slacken, the contractor lawyer through the meeting, read the file, check the surveillance data, visit the people who know, found that this case and the general malignant homicide case has certain differences, that is, the victim in the case of the cause of the victim has a certain degree of fault, and it is because of the victim's fault triggered by wang mou's subsequent injurious behavior, the two have a cause and effect relationship, and wang mou car rammed the victim's car, chased the victim Also has a certain intention of defense.
The victim is at fault in the case, limit the application of the death penalty for immediate execution:
“the national court to maintain rural stability of criminal trial work symposium minutes” (hereinafter referred to as the “summary”), the intentional homicide of the crime of whether to impose the death penalty, not only to see whether it resulted in the death of the victim, but also to take into account the totality of the circumstances of the case. Where the victim is clearly at fault or directly responsible for the intensification of the conflict, or where the defendant has statutory mitigating circumstances, the death penalty should not normally be imposed for immediate execution. In this case, the victim of the conflict and intensification of the responsibility can not be shirked, wangmou see his family members were beaten before driving to drive, should be found that the victim is at fault, in the sentencing should be evaluated, not to apply the death penalty of immediate execution of the penalty.
At the same time, the lawyer also noted that, in this case, wangmou has confessed, wangmou's family members have actively save the victim's behavior. Based on this, the defense combined with the relevant laws and judicial interpretations, aided by the case precedents fully reasoned, and ultimately the relevant defense opinions were adopted by the Supreme Court, and ruled that the case is not approved, remanded for retrial, for the case won the space to change the sentence.
The psychological pressure of handling death penalty review cases is extremely great, we not only have to face the dead, face the living, but also have to face the life and death of the defendant, like doing a microscopic surgery on life and death, heavy responsibility, need to be calm and careful, in the spirit of reverence for life and conscientious and responsible spirit, do not let go of any details of the case, because it may be to save a life and guard the justice of the judiciary.