Drew on medical parole supervision and inspection notice of the implementation of crime (stub)
wife in Niuyu Qiang Zhu extended sentence of why her husband wanted to answer in 2020, the prison terms in writing made to Zhu Explanation: released for medical treatment after the expiration of return is not active; in the community for a long time did not report the situation to the prison.
Lane.
the same time, the legal experts among the experts and scholars there another debate: Should continue Niuyu Jiang a criminal law has been repealed provisions continue to serve their sentences?
wife questioned
husband did not escape the prison blame
to Niuyu Jiang received extended sentences on notice, Niuyu Qiang Zhu lover finally could not get on. She found the police station, looking for Supreme Court, Supreme People's Procuratorate to find, even found a Justice Department Bureau of Prisons, to find every one she could accept her husband's case that the units.
Wherever he went, Zhu will be written before the door on a small piece of paper on the complaint and re-read it twice, for fear that he wanted the contents of the slightest error, thereby affecting her husband's sentence.
according to Zhu's view, her husband consider themselves to be recaptured from the end of the prison on medical parole in 12 years (for medical treatment for 2 years), should be counted in the implementation of the sentence.
words.
One person should be responsible to bear it Niuyu Jiang? the admissibility of views, Zhu began to write Shihezi prison to prison, the complaint form to reflect their own questions.
2006 年 4 5 April, Zhu Shihezi prison official to mail back a written reply.
in the written reply, first cited the Supreme Court for the prison terms of prisoners on medical parole term extension did not return a file is extended. According to the documents, who did not return in the medical treatment extended the expiration, and the extension of the time is not counted in the implementation of the sentence.
same time, the prisons also said the written material, prisons from 1992 until 1997, has been in the form of notice in writing of the Beijing police will Niuyu Jiang prison. Then the prison and from 1998 to 2002, with
desperation, the prison had in 1999 and 2001 the Internet looking for Niuyu Jiang, finally sent in 2004 Niuyu Jiang captured.
prison context: Niu Yujiang time on medical parole certainty; released for medical treatment after the expiration of return is not active; leave things to chance to escape punishment; in the community for a long time did not report the situation to the prison. Based on these issues, combined with the judicial interpretation of Supreme People's Court, to Niuyu Jiang extended term of imprisonment is appropriate and legitimate.
Police say
sent only wanted to help arrest the situation do not know
prison terms based on this material shows Niuyu Jiang after the expiration of the medical treatment , the prison has repeatedly written to the Beijing police, sent a letter,
nike air bw, requested the police to Niuyu Jiang, However, these letters and the prison letters, Beijing police have been slow to make any reply, but not the slightest move.
why Beijing police will ignore the letter from Xinjiang prison it? Reporter visited the area where the police station Niu Yujiang home and find a home that year is mainly responsible for Niuyu Jiang Area police.
many years have passed,
air max 2010, but police were surnamed Li still has the impression of Niuyu Jiang. But in the face of journalists,
Chus in the interview, director of the police station, the Zhusuo Chang believes that the arrest Niuyu Jiang's work should be performed by the prison: Unit arrest fugitives, but we are assisting with. like Niu Yujiang this case, it should be organized by the prison as a unit, they came for the lead sent to Beijing, we sent people to assist as a district police station is just catching. / p>
wanted Niuyu Jiang twice when asked about the Internet, and Niu Yujiang to the police station to report every month, why not Niuyu Jiang during the implementation of this arrest,
nike free 3.0, the Zhusuo Zhang also said that he is just come to this are, do not understand the previous situation.
Press survey
prison on medical parole in 1998 identified the notice is still valid
prison terms in the end issued a written document did not capture attention by the police? Police work or negligence of the medical treatment period of more than 12 years Niuyu Jiang?
At this time, the reporter got a Shihezi prison in November 25, 1998 issued a
units of receipt of the stub for the Beijing Public Security Bureau a certain branch.
According to reports, this notice is generally the prison sentence issued by the Executive, receipt by the unit of the Public Security Bureau for the offenders residence or branch. Role is to bring criminals to the police according to law to perform live on the study on medical parole supervision of offenders, the study is mainly the disease, the availability of new crimes and daily performance and so on.
This means that, Shihezi prison in the notice issued November 25, 1998, also found Niuyu Jiang's medical treatment is still valid, and drew the Beijing police to continue its supervision and management .
police station to prove overthrow the
Coincidentally, supervision and inspection notice signed and personally share for online pursuit of prison discipline Niuyu Jiang Xia Section name just answering the phone back office, and the situation Niuyu Jiang introduced.
name back office, according to the summer introduction Niuyu Jiang medical treatment after the expiration of the prison repeatedly called on Beijing police sent a letter and write the implementation of Niuyu Jiang arrest and transferred to the prison,
nike air max 2010, but from the residence, who can not find him, even the police station and other departments can not find him, this in 1999 and 2001 online pursuit. was still in a Beijing police issued a communications and other posting form.
But surprisingly, journalists have been through other channels by the Niuyu Jiang residence certificate issued by the local police station, the content is In this area, to obey the police during the management, better performance, no criminal behavior.
According to the proof of the prison's
Department of Justice regulations
dereliction of duty prison guards should be included during the implementation of extended sentence
Niuyu Qiang Zhu was postponed sentence for her husband has always been a matter of understanding her : If they are that the implementation of the Justice Department documents, will be responsible for prisons, they order not to take responsibility for her husband to let all bear down.
Zhu said that
1995 year, Northwest had taken place with a criminal case did not return for medical treatment, prison is not pro-active arrest, resulting in the offender extended for many years.
Bureau of Prisons Department of Justice approval of the event is: do police work due to dereliction of duty resulting in the prison for medical treatment in excess of the offender, the extended period should be included in the implementation of sentences. Dereliction of duty officer on the question of responsibility held,
nike air max skyline, in accordance with relevant laws and regulations.
husband, a man assumes all responsibility for the processing of the results of this simple and crude, I am satisfied!
views clash
● China Law Ping
Niuyu Jiang should continue to serve their sentences
Zhu also to her husband in running the same sentence appeals, from mid-November 2010, the reporter will interview Niuyu Jiang cases the information obtained a number of legal experts in Beijing or the well-known lawyers in the discussion.
in the discussion, the hooliganism on the criminal law has been canceled after the Niuyu Jiang is also the issue of prisoners should continue to form two completely different views, and had a heated confrontation.
Criminal Law Committee of the China Law Society members are given the view that the Ping: Niu Yujiang should continue to serve his sentence.
After the new Criminal Code has specific provisions in that Article 12 of the Criminal Code states: before the implementation of this Law, in accordance with the law at the time decisions have been made to the entry into force remain in force.
Zhang Ping said, since the entry into force of the original court decision has been made, and the decision has to be implemented. So unless there is evidence that the cases had errors, we can revoke the original decision. Otherwise, the original decision is sure to continue execution, and this is an initial crime and the legislative and judicial principles.
● former Beijing Youth Politics College Professor Zhou Ze
trial verdict should be revoked retrial
former professor at Beijing Youth Political College, Beijing law firm asked the days of week Ze is given a completely different point of view: Niuyu Jiang cases should be abolished trial verdict, a retrial.
Zhou Ze that the changes have been made in criminal law cases, how to deal with this case Niuyu Jiang basis,
Zhou Ze think that, like Niuyu Jiang such a situation, if not a crime under the new Criminal Code or the criminal responsibility of only a negative light, but its past has been sentenced or sentenced to heavy penalties and need to re-evaluate their behavior. Under the current law does not constitute a crime, should be released immediately. If under the existing laws are still recognized as a crime, should be carried out under the new Criminal Code conviction and sentencing.
legality, and that is committed criminal offenses and the service should have clear legal provisions to provide for, and now serving Niuyu Jiang hooliganism is based no longer exists, and then go on such a sentence for no apparent reason, does that mean and Criminal Law contrary to the principle of legality thing! Counsel pointed out that in Niuyu Jiang's case, bear some responsibility for the prison. If verified, some people may be suspected of crime, and Niu Yujiang that 12 years should be calculated into the sentence.
Finally, the lawyers said, is willing to free Niuyu Jiang, acting as outside the prison for 12 years that discuss a
edition text / feature articles news-time
Previous
1
2 Next
golf grips Chengdu Puzhao 6 million yuan real esta
Linear Mode
