Wuhu Jinghu District People's Procuratorate

Criminal protest

JJSXK [2019] No. 2

Wuhu Jinghu District People's Court (201 nine ） Wan 0202 Xing Chu No. 394 Criminal judgment against the defendant Li Theft In the first case, the defendant is judged Li One year in prison and a fine of 3000 yuan 。 After examination according to law, the Court believes that The first trial failed to adopt the sentencing suggestion of the procuratorial organ without any reason , to the defendant Li Sentenced to one year's imprisonment The judgment of is improper for the following reasons:

The defendant of this case, Mr. Li, has three criminal records of theft, in 2011 After 15 days of administrative detention for theft in April In December 2016, they committed theft and were sentenced to fixed-term imprisonment. However, the defendant Li Moumou did not reflect deeply on himself. After he was released from prison in February 2017, he returned to his old job in June 2019 and committed the crime of theft. During the period of residential surveillance by the public security organ, the defendant Li Moumou still did not repent, and committed four crimes in a short four days from July 26 to July 29, 2019. Knowing that committing a crime again during the period of residential surveillance will be severely punished, committing a crime against the wind shows that its subjective malignancy is deeper.

The defendant, Li Moumou, was sentenced to fixed-term imprisonment for intentional crime. If he commits a crime that should be sentenced to more than fixed-term imprisonment within five years after the completion of the sentence, he is a recidivist and should be given a heavier punishment according to the provisions of the first paragraph of Article 65 of the Criminal Law of the People's Republic of China.

Based on this, from the perspective of combining punishment and education, the Court recommends that he be sentenced to fixed-term imprisonment of one year, three months to one year, nine months, and be fined.

At the stage of examination and prosecution of the case, the defendant, Mr. Li, pleaded guilty and proposed to plead guilty to punishment. The written statement of the defendant's pleading guilty and pleading guilty to punishment was also witnessed and recognized by the lawyer on duty.

At the trial stage, the case did not produce new reasons or evidence for a lighter punishment. Although the first instance decision adopted the facts and nature of the court's allegations, it did not adopt the sentencing recommendations, nor told the court that the sentencing recommendations were inappropriate, but directly made a judgment lower than the sentencing recommendations. According to the Guiding Opinions on the Application of the System of Leniency of Punishment upon Confession of Crime, issued by the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice, "if the people's court believes that the sentencing proposal is obviously inappropriate after trial, the people's court shall inform the people's procuratorate, and the people's procuratorate may adjust the sentencing proposal. If the people's court considers that the adjusted sentencing proposal is appropriate, it shall adopt it; If the People's Procuratorate does not adjust the sentencing recommendation or it is still obviously inappropriate after the adjustment, the People's Court shall make a judgment according to law. " Therefore, the act of the court of first instance is a procedural violation, which violates the provisions of Article 201 of the Criminal Procedure Law of the People's Republic of China and the Guiding Opinions on the Application of the System of Confession of Crime, Confession of Punishment and Leniency, and is a procedural violation. In order to accurately punish crimes, we hereby lodge a protest in accordance with the provisions of Article 228 of the Criminal Procedure Law of the People's Republic of China and apply for a sentence according to law.

Sincerely

Wuhu Intermediate People's Court of Anhui Province

Wuhu Jinghu District People's Procuratorate

November 8, 2019