When will Jiang Ge case be tried? Will Chen Shifeng be expected to die
4hw.org: jiangge case has been pushed into jiangge Liu Xin case by the public opinion. Liu Xin's inaction in this case really deserves the moral condemnation. However, let's not forget that Chen Shifeng, the murderer of this case, is really the one who should be punished by law and morality. When will jiangge case be judged? Will Chen Shifeng be expected to die? Let's see the details below Love!
Last night, Jiang GE's mother acting lawyer, Japan's law firm, revealed to reporters that Chen Shifeng, the suspect, admitted to killing Jiang Ge, but denied that there was a premeditation. According to the relevant laws of Japan, whether premeditated murder affects the sentencing.
Lawyer
Death penalty is unlikely
On November 3, 2016, 24-year-old jiangge was killed in a Japanese rental house. On December 14 of the same year, Japanese police issued an arrest warrant for Chen Shifeng, a Chinese international student, for the crime of homicide. It is understood that the case will be held in Tokyo, Japan on December 11 this year.
Dajiang Yangping said that he was entrusted by jiangge's mother on November 28, 2016 to formally represent the case. At first, the suspect Chen Shifeng kept silent, and later admitted to killing jiangge, but denied that it was premeditated.
It is understood that according to the relevant laws of Japan, there are differences in the sentencing of premeditated killings. Dajiang Yangping revealed that at present, the defense lawyers of the other side are defending Chen Shifeng's not premeditated murder of jiangge. In addition, judging from the number of people killed and other actual situations, the suspect Chen Shifeng is unlikely to be sentenced to death.
Huaqiao University
Chen Shifeng's behavior is shocking
Recently, a netizen posted that Chen Shifeng, the suspect who killed jiangge, was a student of the school of Chinese Studies at Huaqiao University. Chen Shifeng, the suspect who killed Jiang Ge, was a 2013 graduate of Huawen College of Huaqiao University, according to an official micro blog post yesterday afternoon.
According to the report, Chen Shifeng enrolled in the school of Chinese Studies of overseas Chinese University in 2009, with a medium academic record. He graduated in 2013, and then went to Thailand as a Chinese volunteer. In school, Chen Shifeng once had a dispute with his classmates. After criticism and education by the teacher, the two sides reached a settlement. Chen Shifeng should apologize to the other side. Chen Shifeng's behavior is shocking, and Jiang GE's murder is deplorable. The school expressed deep mourning for the death of jiangge and cordial sympathy for the misfortune of jiangge's family. May the dead rest in peace, the living strong and the law just.
Dialogue
'Chen Shifeng may be sentenced to 20 years or no term'
Last night, a reporter from Beijing News talked to Mr. Jiang's acting lawyer, Mr. Jiang Yangping, a lawyer from Japan's Mr. Jiang's law firm. He introduced the relevant situation of jiangge case and the plan for the next step.
Beijing News: when did you receive the entrustment of jiangge's mother to represent jiangge in the murder case?
Dajiang Yangping: the official entrustment was on November 28, 2016. I also met with jiangge's mother two or three times before. At that time, Chen Shifeng had been arrested by the police, but it had not been announced. The charge was that he threatened Liu Xin, which had nothing to do with Jiang GE's murder. Because I have done a lot of crimes or victims of Chinese people in Japan before. Through communication with jiangge's mother, I feel very miserable and want to do my best.
Beijing News: what did you do after deciding to act as an agent?
Dajiang Yangping: in order to get a correct understanding of the case, I began to negotiate with the prosecutor in charge, applied to read all the files, and then communicated with the defense lawyer of the suspect Chen Shifeng.
Beijing News: what are Chen Shifeng's lawyers going to defend? Has Chen Shifeng pleaded guilty?
Jiang Yangping: the suspect initially kept silent and later admitted to killing Jiang Ge. On December 14, 2016, the police formally charged the suspect Chen Shifeng with homicide. However, although Chen Shifeng admits to killing jiangge, he denies that he has plans and plans. In his confession, Chen Shifeng said that the knife that killed jiangge was not prepared in advance, but carried by jiangge.
At present, his defense lawyer is defending in this direction. Because in Japan, whether there is premeditated or planned killing is different in sentencing. For example, if the suspect is sentenced to 15 years for murder, if it is proved that there is a premeditation, he may be sentenced to 20 years.
Beijing News: Why did it last more than a year from the case to the trial?
Jiang Yangping: jiangge's case is a trial with jurors. After the case and the suspect are prosecuted, the state will select ordinary people as jurors. It takes time from selection to getting them to know the case. The formal trial is composed of three judges and six jurors to decide the trial result.
New Beijing News: Jiang GE's mother previously launched a signing campaign, asking for Chen Shifeng's death sentence. How do you predict the outcome of the next trial?
Jiang Yangping: as a lawyer acting for jiangge's mother, I will do my best to prepare for her appeal. However, from the actual situation, the suspect Chen Shifeng is unlikely to be sentenced to death. One of the biggest reasons is the number of people killed. Generally speaking, if the number of victims reaches two or three or more, the possibility of death penalty will be greater. I predict that Chen will be sentenced to 20 years in prison or life in the next trial.
Beijing News: less than a month before the trial, what should we do next?
Jiang Yangping: next, we will continue to communicate with the prosecutor about the contents of the court session and discuss with Jiang GE's mother what to say in the court session. Jiang GE's mother hopes Chen Shifeng will be sentenced to death, and we will try our best to prepare for it.
Why is the case heard in Japan?
The reporter of Beijing News noted that in this case, Jiang Ge, the victim, and Chen Shifeng, the suspect, were both Chinese. Why did the case go to court in Japan?
Huang Feng, a professor at the Institute of criminal Sciences of Beijing Normal University and an international criminal law expert, said Chen Shifeng, the suspect, has been prosecuted in Japan. "If we want him to come back, we need to rely on judicial cooperation between China and Japan to extradite him or send him back to the country. But this procedure has not been initiated at present, and generally speaking, Japan can refuse China's extradition request on the ground that the case is under trial. Because to be tried in Japan, China's judicial authorities can't control the suspects in practice and can't exercise jurisdiction at present. '
In addition, according to the principle of territorial jurisdiction, when a citizen of one country commits a criminal offence in another country, it shall be dealt with according to the principle of priority of the law of the place (country) where the crime is committed. Therefore, although the suspect Chen Shifeng and the victim Jiang Ge are both Chinese, they still need to hear the case according to the Japanese criminal law.
Will 'petition' affect the verdict?
In August this year, Jiang GE's mother went to Japan to launch a petition to sign her name, asking the court to sentence Chen Shifeng to death. Wei Min, who has studied law in Japan and is currently engaged in litigation in Japan, said that this is a personal effort of Jiang mu. At that time, the judge will receive her signature statement, but it has little impact on the judgment. 'Japanese judges are relatively independent and not easily controlled by public opinion. '
Huang Feng also believes that this belongs to the personal expression of the will of the relatives of the parties to the case. Jiang Mu has the right to express his will, but the judicial trial of the court should be independent, especially the criminal trial should be determined according to the law and facts.
Zheng Zeshan, a professor at the school of law of Nankai University, who is engaged in the study of Japanese criminal law, said that Japanese courts attach great importance to public opinion, asking for public support and signature may play a significant role in the court's judgment. "In some cases, if the circumstances of killing are bad and the people ask for severe punishment of the murderer, the court will take it into consideration in its judgment. '
Can the suspect return to serve his sentence?
If Chen Shifeng has not been sentenced to death by a Japanese court, can the Chinese court continue to pursue him after he returns home? Wei Min said in this regard that China and Japan have not yet signed extradition clauses, which cannot be extradited in principle, but can carry out extradition cooperation through the principle of reciprocity. However, the possibility of extradition in a short time is not high.
"Now when the Chinese commit a crime in Japan, they will be sent directly to the airport and repatriated.". Wei Min analyzed that Chen Shifeng would be forcibly repatriated in principle after serving his sentence in Japan. According to Article 10 of the criminal law of China, anyone who should bear criminal responsibility for a crime committed in a foreign country can still be investigated according to this law after being tried in a foreign country, but if he has already been punished in a foreign country, he can be exempted or mitigated from punishment. That is to say, Chen Shifeng can still be investigated for criminal responsibility after returning to China.
There is another possibility in the aspect of penalty execution, Huang Feng said: 'for example, Chen Shifeng was sentenced to imprisonment in Japan, and may also return to serve his sentence. In international cooperation, there are & lsquo; transfer of the sentenced person & rsquo;. For example, if a suspect commits a crime or gets a sentence in Japan, he can be sent back to his home country for execution during his sentence. In this case, Chinese judicial organs are equivalent to recognizing and executing Japanese judgments, but there is a precondition for such cooperation, that is, the sentenced person is willing to return home to serve his sentence. '