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Will Chen Shifeng be sentenced to death in Japan? Who brought the sword to kill jiangge

Will Chen Shifeng be sentenced to death in Japan? Who brought the sword to kill jiangge

4hw.org: although Chen Shifeng has admitted the fact of killing, the case is also a twists and turns. According to the latest media reports, even if Japan does not abolish the death penalty, even if Chen Shifeng intentionally kills people, it is difficult to be sentenced to death. What's more, Chen Shifeng now claims that the killing knife is brought by jiangge! Why is Chen Shifeng so difficult to be sentenced to death? Let's have a look!

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. Nearly a year later, the case will finally be tried on December 11 in Tokyo, Japan.

There is a saying in China that "killing for life is justified by nature". Chen Shifeng, who killed Jiang Ge by cruel means, seems to have no suspense in the domestic trial and will be sentenced to death. However, according to current reports, he who will be tried in Japan is very difficult to be sentenced to death. So, how does the Japanese law measure the sentence for homicide cases? At present, Jiang GE's mother has received hundreds of thousands of netizens' letter of consent asking the court to sentence the murderer to death. What is the effect on the trial and development of the case?

Let's first understand how difficult it is to sentence a person to death in Japan. According to the local law, there is a standard called "Yongshan standard" to determine whether the death penalty should be executed in Japan. Generally speaking, this standard is to comprehensively consider the nature of the homicide, the motive of the crime, the number of victims, whether the influence is extremely bad, whether the criminal suspect is sadistic and unrepentant. Chen Shifeng's murder case has an "understandable" motive, killing only one person, and does not have a huge adverse impact on society. Therefore, there is little chance of being sentenced to death directly.

Even if Chen Shifeng is sentenced to death in the first trial, he may not die for a long time. Japanese law gives suspects the right to appeal at all levels. Even if the death penalty is imposed, there is still a long appeal process to be completed after the judgment. It is normal for a case to appeal for ten years or even decades. Even if all opportunities for appeal are exhausted, an enforcement order must be signed by the Minister of justice. However, most of the legal ministers are unwilling to act as executioners and refuse to sign execution orders because of their political opinions or other personal reasons, resulting in very few cases of actual execution in Japan. According to records, in the 17 years from 1993 to 2010, only 84 people were actually executed in Japan. Although the current Japanese Prime Minister, Shinzo Abe, has pushed forward some reforms since he took office again in 2012 and tightened the standards for the execution of the death penalty, in his first three years in office, he only approved the execution of 18 people.

What's more, Chen Shifeng is still a Chinese rather than a Japanese National. Japan is more cautious about the death penalty for foreigners. In the so-called "cruelest pre war" continuous murder of Tokyo electric driver in 1921, a Korean driver of Tokyo tram company killed 7 people and injured 10 people by quarreling with his neighbor's colleagues, including his wife and passers-by. A North Korean killed so many Japanese that he was sentenced to life imprisonment. In 2011, there was a similar case with Chen Shifeng's case, in which a Korean in Japan deliberately killed two of his Korean colleagues. The nature of the case was even worse, but it was only sentenced to no time.

In fact, Chen Shifeng may not even be able to sentence without a period of time. According to Japanese law, there are differences in sentencing whether there is premeditated killing. At present, although Chen Shifeng admits to killing jiangge, he denies that it is premeditated, saying that the knife used in killing is not carried by himself but jiangge with self-defense. The other side, the defense lawyer, is also defending it against premeditated murder. If this can be defended, Chen may also be sentenced to 20 or even 15 years in prison.

That is to say, with the commutation, he will be released in a few years.

For Chinese people who are used to the idea of "killing for life", this is obviously not acceptable. As the mother of the victim Jiang Ge, the grief of losing her only daughter made her more unable to accept the result. As a result, since August this year, jiangge's mother launched an online signature activity to request the death penalty of Chen Shifeng, the suspect. It is said that nearly 200000 netizens have been signed in 30 hours. The number of signers is still growing. I remember that there was a case in our country before. An old man accidentally killed his son. According to the law, he should be sentenced to death. However, the local villagers collectively petitioned the court to say that the old man's son was usually cruel and abused the old man. Now the old man's practice is understandable. In the end, the case was changed because of the "people's wish" and the elderly were given a lighter sentence. So in jiangge case, can the "people's wish" also play such a role to influence the court's judgment?

Unfortunately, it's hard, if not impossible. In Japan, the three powers are independent, the judicial trial should be independent, and the judge is completely independent, especially the criminal trial should be determined according to the law and facts, without any power to influence. Although Japanese courts attach great importance to public opinion, such things as' ten thousand signatures' will play a certain role in the judgment, but the premise is whether the circumstances of killing are bad enough. This will go back to what we said at the beginning. The final judgment depends on whether the Japanese court believes that Chen Shifeng's crime is heinous and has great harm to the society. When defending, lawyers should rely more on intentional homicide and "Yongshan standard".

In Japan, it can't be judged, and there is no extradition treaty between China and Japan, which can't extradite Chen Shifeng back for trial. In this case, it seems that it is difficult to have a satisfactory result for jiangge's mother in the end. However, according to Article 10 of the criminal law of China, anyone who commits a crime outside the territory of the people's Republic of China and should bear criminal responsibility in accordance with this law may still be investigated in accordance with this law after being tried by a foreign country, but if he has already received criminal punishment in a foreign country, he may be exempted from or given a mitigated punishment. That is to say, if Chen Shifeng is released after serving his sentence in Japan, he will be forcibly repatriated immediately according to the law. At that time, he may face a retrial at home.