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Xin Homicide Case Analysis

Posted on:2013-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2246330371987283Subject:Law
Abstract/Summary:PDF Full Text Request
Yao jiaxin homicide case has happened and already in a nationwide are the norm. The case was also enough value, in fact the case itself is not complex, court ruling in and did not appear any careless mistake, appear in the case of legal issues around the main plot is formed to surrender, Yaojiaixn of plot can apply to surrender the light punishment, both of the accused and the defendant had an argument; Next is the less they kill policy in this case to kill by defender says lawyer, to try to Yaojiaxin the death penalty for not the basis of, and discusses the SINS of the house of medicine the plot is not enough to applicable to the death penalty, our country the criminal policy of tempering justice with mercy in the trial should be considered as a plot, prosecutors view of the house of the bad medicine crime, subjective vicious is great, the policy of "tempering justice with mercy" should not be applicable, and should apply to the death penalty; And the defendant lawyer proposed passion crime theory, defense attorneys think the behavior of house of medicine with the passion of the related crime constitutive requirements, the should apply this theory, which can be used as the plot of the treatment but discretion. But prosecutors think this theory in our country has no clear rules, and the behavior of the medicine home does not accord with passion the components of the crime; The last is about social public opinion in the case of influence. This article is divided into four most of the case with in-depth analysis, in order to clarify the law fact and adapt to the case, the first part introduces briefly the case after the trial, the work; The second part of the case is introduced the controversy focus; In the third part of a detailed analysis of the issues in the case and a disagreement opinion; The fourth part for this case study concluded.
Keywords/Search Tags:murderer, Surrender, A less kill, Passion crime
PDF Full Text Request
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