Death penalty with a reprieve

Lawyer in Shijiazhuang Recent reply:

Resolution: In the case of traffic accident crime, the time of death of the victim involved usually refers to the time from the accident to the actual death of the victim. In this regard, the court will accurately determine the time of death of the victim in strict accordance with medical evidence, such as the report issued by a detailed autopsy. If the victim dies in a relatively short time after being injured by the accident, then in this case, it can usually be considered that there is a direct causal relationship between the death of the victim and the accident. However, if the victim died due to poor treatment after the accident, the court will also comprehensively consider the injury caused by the accident to the victim and the degree of correlation between the accident and the death. Legal basis: Article 133 of the Criminal Law of the People's Republic of China shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention if a serious accident occurs as a result of a violation of the laws and regulations governing traffic and transportation, causing serious injury or death to a person or causing heavy losses to public or private property; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Lawyer Yang Quan Recent reply:

Resolution: This possibility does exist. If a pedestrian is killed due to collision when riding a motorcycle, the driver is likely to be judged by the traffic police department to be fully or mainly responsible, which will constitute a traffic accident crime and face a legal punishment of imprisonment or detention of less than three years. At the same time, the amount of compensation for the deceased is calculated according to the average income level of the city or village where the deceased lives in the previous year and the period of 20 years (for victims over 60 years of age, the compensation period will be reduced by one year for each additional year of age, but the minimum period shall not be less than five years). Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the laws and regulations governing traffic and transportation, thereby causing a serious accident, causing serious injury or death to a person or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Lawyer of Lvtu Chengkou County Recent reply:

Resolution: When assessing the maximum achievable punishment for rape, we must note that the death penalty is not a common choice. It is often applicable to those cases where the criminal circumstances are particularly bad and have caused serious harm to society, such as leading to the unfortunate death of the victim or other extremely bad behaviors in the process of rape. However, we still need to comprehensively weigh all factors to decide whether to apply the death penalty through the analysis of the facts, the consideration of the defendant's willingness to repent and the constraints of the current code. Legal basis: Article 236 of the Criminal Law of the People's Republic of China Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Whoever rapes a girl under the age of 14 shall be regarded as raping and given a heavier punishment. Whoever rapes a woman or rapes a girl under age shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death （1） Raping a woman or having sexual intercourse with a young girl, the circumstances of which are flagrant; （2） Raping women or raping young girls; （3） Raping a woman or raping a young girl in public; （4） Gang rape by two or more persons; （5） Raping a young girl under the age of 10 or causing harm to the young girl; （6） Causing serious injury or death to the victim or causing other serious consequences.

Lawyer in Yongzhou Recent reply:

Resolution: In our country, there is no death penalty as a criminal measure. The handling of theft is as follows: First of all, if the amount of theft is high or the number of theft is frequent, it will be deemed to constitute a crime of theft, usually facing a fixed-term imprisonment of less than three years, criminal detention or control, and may also need to accept a fine; Secondly, if a person commits a major theft and the circumstances are serious, he or she may be sentenced to a term of imprisonment ranging from 3 to 10 years, and also bear the corresponding fine; Finally, if the crime is extremely serious, involving a large amount of money and the circumstances are particularly bad, the person may face more than 10 years of fixed-term imprisonment or even life imprisonment, while paying a fine or confiscating his personal property. Legal basis: Article 264 of the Criminal Law Whoever steals a relatively large amount of public or private property, or repeatedly steals, enters the house to steal, or steals with lethal weapons, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property.