Traditional Culture Encyclopedia - Tourist attractions - Chen Can was sentenced to several years.

Chen Can was sentenced to several years.

Minor injuries are unlikely to be sentenced to death, because they do not constitute serious injuries, but minor injuries do not meet the standard of death penalty. However, if the other cases in the notification are added together, it is likely to be sentenced to more than 10 years in prison.

Many of Chen Mou's stories were hyped by the media before, but now they have really come true. He not only has the possibility of provoking trouble, but also involves many illegal acts, such as violent beating others, online gambling, money laundering, illegal detention and so on. Although these illegal acts do not constitute the sentencing conditions of the death penalty, he can be sentenced to a maximum of 10 years in prison, which is also a very "fatal" punishment for him.

The sentencing conditions of the death penalty are very high, and Chen Jizhi's situation is not enough to meet the sentencing standards of the death penalty.

Although many people are indignant at Chen Jizhi's behavior, it is actually very difficult to reach the sentencing standard of the death penalty, not only because Chen Jizhi beat many girls, which constituted minor injuries rather than serious injuries, but also because his other illegal acts did not constitute the sentencing conditions of the death penalty.

Let's start by picking fights.

According to Article 293 of China's Criminal Law, whoever stirs up troubles in public places and causes serious disorder in public places shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

At present, Chen Jizhi meets the sentencing standard of provoking trouble, and because the exposure of the video makes people know what Chen Jizhi has done, based on this, Chen Jizhi is likely to be treated as a top case, that is, he is likely to be sentenced to 10 years in prison.

The maximum sentence for picking a quarrel is ten years, so this article is not enough to sentence him to death.

Let's talk about illegal imprisonment.

Illegal detention is also called illegal detention. According to Article 238 of the Criminal Law, anyone who illegally deprives others of their personal freedom shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever beats or insults others shall be given a heavier punishment and be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

According to the exposure, Chen Jizhi instructed others to beat Shang Mokai and detained him for debt collection. This situation will definitely be severely punished, that is, at most, ten years in prison.

Finally, money laundering for online gambling.

Money laundering for online gambling, and the amount involved is large, which constitutes the crime of money laundering. According to Article 303 of China's Criminal Law, anyone who launders money for gambling for the purpose of making profits shall be sentenced to fixed-term imprisonment of not more than three years, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

According to the principle of combined punishment for several crimes, Chen Jizhi is likely to be sentenced to 10 years in prison.

China is very strict about the death penalty.

As one of the oldest punishments in the world, the death penalty is actually very severe. At present, many countries have stopped or rarely executed the death penalty for humanitarian reasons. At present, China's attitude towards the death penalty is rarely carried out, not only out of humanitarianism, but also out of fear of misjudgment. There is an example in the United States that the case was overturned by DNA after 2 1 year, and there is an example in Australia that it was wronged after being sentenced to death, 18 years.

Due to various reasons, the sentencing of death penalty in China is very strict at present. Generally speaking, it is not a heinous crime, and the means are extremely cruel, so it will not be classified as the death penalty.

At present, there are only a few situations in our country that can be sentenced to death, such as bribery, throwing dangerous substances, destroying power equipment, destroying military communications and so on.

It can be seen that, generally speaking, those who do not endanger the state or seriously endanger the rights and interests of other ordinary people will basically not be sentenced to death. Chen Jizhi is involved in many cases, but because the sentencing conditions of the case are not enough to sentence him to death, the possibility of being sentenced to death is very low.

The minor injury is actually very serious.

Some people may have some misunderstandings about minor injuries. Actually, the minor injury is quite serious. The minor injuries in China's judicial expertise are actually completely different from what most people think, that is, "minor injuries are not light, but serious injuries are very serious."

According to the Appraisal Standard of Human Injury Degree, China's injury appraisal standard is mainly divided into five grades, from heavy to light, which are serious injury level 1, serious injury level 2, minor injury level 1, minor injury level 2 and minor injury level 2 respectively.

Among them, the identification criteria of minor injuries are actually very serious, such as skull fracture, eyeball rupture, laryngeal hose fracture, partial loss of one breast or breast duct injury, sternum fracture, hemothorax, pelvic fracture, long bone fracture of limbs and so on.

We can see that fractures are also considered minor injuries, but in fact, in the eyes of ordinary people, fractures are already very serious injuries, and this can only be considered minor injuries, mainly because the identification of serious injuries is more stringent.

Based on this, we can see that the minor injury is not because the injury is not serious, but because the standard of serious injury in China is relatively high, which is basically equivalent to "stepping into the gate of hell" with one foot.

Shang Mokai, who was beaten, was more seriously injured.

Careful friends will find that in February 2002, 2065438+200565438+200565438+2002, an illegal detention case occurred. The defendant Liu and others beat Shang Mokai on the grounds of pursuing the mortgage debt, and beat him on the head with the steering wheel lock of the car, resulting in a comminuted skull fracture and brain tissue contusion.

Although it is also a minor injury, the first-degree minor injury is close to serious injury. It can be seen that Shang Mokai was injured in many places, but it was also a minor injury. Liu was only sentenced to two years and one month in prison.

Write it at the end

At present, it is difficult for Chen Jizhi to get a heavy sentence only for hitting people, because in the case of minor injuries, he was sentenced to less than five years for seeking trouble. However, after further investigation, many other illegal and criminal acts of Chen Jizhi were discovered, and according to these illegal acts, we can also see that the punishment for him will be very severe in the end. Even if the punishment for this beating is limited, other crimes in the future will be brought to justice.

Legal analysis:

Not for many years. A criminal case cannot be dismissed for many years after it is closed. Criminal file is the need of case management. As long as the criminal information is entered, the case will not be dropped. Only misjudged cases have the problem of withdrawing cases. If it wasn't a wrong case, it wouldn't be dropped. A criminal case that does not meet the conditions for filing a case may be closed at any time.

Legal basis:

Article 140 of the Criminal Law of People's Republic of China (PRC) * * * Crime of producing and selling fake and inferior products. Producers and sellers who adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.