The reasons for Wu Ying's final judgment change

20 18 At 9: 30am on March 23rd, Wu Ying's commutation case, which has attracted much attention from all walks of life, was heard in public in Zhejiang Women's Prison. The Higher People's Court of Zhejiang Province made a ruling in court: the criminal Wu Ying's penalty was reduced to 25 years' imprisonment and deprived of political rights 10 year. Wu Ying's father Wu Yongzheng and his sister attended the trial. After the trial, Wu Yongzheng said in an interview with Interface News: "Wu Ying's conditions are very good, and today's commutation may be meaningful for her personally. But commutation is actually a procedure. I am more concerned about Wu Ying's sin and non-sin. " Wu Ying was born in 198 1, Dongyang, Zhejiang. She used to be the legal representative of Zhejiang Bense Holding Group Co., Ltd., and was once called "Billionaire Sister" in Zhejiang. In 2006, Wu Ying, then 25 years old, registered and established a number of companies named after Bense in Dongyang, and later registered and established Bense Holding Group Co., Ltd., which was engaged in hotels, commerce, building materials and other fields. In March 2007, Wu Ying was arrested on suspicion of illegally absorbing public deposits. From June 5438 to 10, 2009, the Intermediate People's Court of Jinhua City, Zhejiang Province sentenced Wu Ying to death, deprived of his political rights for life and confiscated all his personal property. The illegal income shall be recovered and returned to the victim. Wu Ying refused to accept the first-instance judgment and subsequently appealed. After several twists and turns, such as the Supreme Court reviewing the death penalty and sending it back to the Zhejiang Higher People's Court for retrial, in May 20 12, the Zhejiang Higher People's Court made a final judgment on the defendant Wu Ying's fund-raising fraud case, sentenced the defendant Wu Ying to death, suspended execution for two years, deprived him of his political rights for life, and confiscated all his personal property. On July 20 14, Zhejiang Higher People's Court held a hearing to hear the case of commutation of sentence of criminal Wu Ying. The court ruled that Wu Ying's death sentence was suspended for two years, and deprivation of political rights was reduced to life imprisonment. According to Article 10 of the Supreme People's Court's Provisions on the Specific Application of Laws in Handling Cases of Commutation and Parole, a criminal sentenced to death with a suspended execution shall be commuted to life imprisonment. If he meets the conditions for commutation, his sentence can only be commuted after three years of execution. The scope of commutation is: those who repent or perform meritorious service can be reduced to 25 years in prison; Those who do show repentance and meritorious service can be reduced to fixed-term imprisonment of not less than 24 years but not more than 25 years; Those who have made significant meritorious service may be reduced to fixed-term imprisonment of not less than 23 years but not more than 24 years; Those who do show repentance and make significant meritorious service may be reduced to fixed-term imprisonment of not less than 22 years but not more than 23 years. After being commuted to life imprisonment for four years, Zhejiang Women's Prison again requested Wu Ying to reduce her sentence according to law. According to the information published on the public website of Zhejiang Court, Zhejiang Women's Prison suggested that its sentence be reduced to 25 years' imprisonment and deprived of political rights 10 years. The Higher People's Court of Zhejiang Province also issued an announcement on March 20th, and decided to openly hear the case of Wu Ying (commutation), a criminal in Zhejiang Women's Prison, this morning. According to the news of "Zhejiang Tianping" WeChat account, in this morning's trial, Zhejiang Provincial People's Procuratorate appointed prosecutors to perform their duties in court, Zhejiang Prison Administration and Zhejiang Women's Prison respectively appointed police officers to perform their duties in court, and the criminal Wu Ying attended the proceedings. Wu Yongzheng, a relative of Wu Ying, and other grassroots representatives of Xixi Street in Xihu District of Hangzhou attended the audit. The collegial panel also organized all parties to give evidence and cross-examine according to law and listen to their opinions. It was found through trial that Wu Ying was able to observe discipline and actively reform after being reduced to life imprisonment; Abide by the rules and regulations, and do not deduct points for violations; Seriously participate in political, cultural and technical studies with good results; Actively participate in labor and strive to complete labor tasks; During this period, * * * won 9 praises. The Higher People's Court of Zhejiang Province ruled that Wu Ying did show repentance during his life imprisonment and met the conditions for commutation. In accordance with Articles 78, 80 and 57, paragraph 2 of the Criminal Law of People's Republic of China (PRC), Article 262, paragraph 2 of the Criminal Procedure Law of People's Republic of China (PRC), and Articles 10 and 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Cases of Commutation and Parole, Wu Ying's penalty was reduced to 25 years' imprisonment and deprived of political rights 10 year. Regarding the public trial of Wu Ying's commutation case today, Wu Yongzheng told Interface News that it was only at noon yesterday that some media reported that Wu Ying's commutation case would be tried in public, and he had not received any notice before. Then he contacted the court, but the phone couldn't get through. Wu Yongzheng sent a question on his Weibo. He said, "Why didn't the prison inform his family when the court opened tomorrow? Tomorrow (March 23rd) at 9: 30am, Wu Ying's commutation case will be heard by Zhejiang Higher People's Court. Although it is a public hearing, if it is held in a women's prison, it can only be open to prison guards. He also asked if Wu Ying's sentence was reduced to fixed-term imprisonment this time, I wonder if it could offset the days when she was detained before the final judgment. Wu Ying was arrested in February 2007 and sentenced in May 20 12. He has been held in the detention center for five years. If he is sentenced to 25 years in prison this time, is the remaining sentence 20 years? " In response to Wu Yongzheng's query, Peng Xinlin, deputy director of the China Institute of Criminal Law of Beijing Normal University, told Interface News that the Provisions of the Supreme People's Court on Trial Procedures for Cases of Commutation and Parole stipulates that when a people's court hears a case of commutation or parole, it shall notify the people's procuratorate, the executive organ and the criminals who have been reported for commutation or parole to attend the trial. "But the family was not clearly informed, so as long as she participated in the trial of this case, the court's approach was no problem." He further analyzed that Wu Ying's five years in the detention center belonged to pre-detention. If she had been sentenced to fixed-term imprisonment, one day's detention could be reduced to one day's imprisonment. "And she sentenced to death with a reprieve, which is a way of execution of the death penalty. There is no discount for the first detention. Only fixed-term imprisonment and criminal detention can be discounted. There is no discount for indefinite and probation. " In addition, Wu Yongzheng said after today's trial that he is more concerned about Wu Ying's guilt and innocence, and will continue to appeal for Wu Ying. It is reported that since Wu Ying was arrested in 2007, Wu Ying and his family have been insisting on a plea of not guilty. After the Zhejiang Higher People's Court made a final judgment on Wu Ying's fund-raising fraud case on 20 14, Wu Yongzheng entrusted an attorney for many times and applied to the Zhejiang Higher People's Court for retrial for many times, but there was no result.