Anhui Province Chaohu People's Procuratorate

Criminal protest

Chao Jian Jian Yi Shen Xing Kang [2020] No. 252

People's Court of Chaohu City, Anhui Province (2020) Wan 0181 Xing Chu No. 42 The judgment found that the defendant Yu was guilty of affray, sentenced to four years and five months of fixed-term imprisonment, and sentenced to three years and one month of fixed-term imprisonment for the crime of causing trouble, and decided to execute seven years and four months of fixed-term imprisonment; It was found that the defendant, Mr. Si, was guilty of the crime of affray, sentenced to three years and six months of fixed-term imprisonment, and was sentenced to three years and seven months of fixed-term imprisonment for the crime of provoking trouble, and decided to execute six years and ten months of fixed-term imprisonment; It was found that the defendant, Mr. Jin, was guilty of the crime of gathering people to fight, and was sentenced to three years and one month of fixed-term imprisonment, and was sentenced to one year and five months of fixed-term imprisonment for the crime of causing trouble, and it was decided to execute four years and two months of fixed-term imprisonment; It was found that the defendant, Sheng, was guilty of affray, sentenced to three years and one month of fixed-term imprisonment, and was sentenced to one year and nine months of fixed-term imprisonment for the crime of provoking trouble, and decided to execute four years and six months of fixed-term imprisonment; The defendant Yang Moumou was found guilty of causing trouble and was sentenced to two years and three months' imprisonment. All five defendants, including Yu, filed an appeal on August 4, 2020.

After examination according to law, the Court believes that:

In the stage of review and prosecution, the defendant Yu and other five people voluntarily pleaded guilty and pleaded guilty, signed a written statement of pleading guilty and pleading guilty, and all of them had no objection to the charges, circumstances, and punishment. Yu agreed with the sentencing proposal of leniency for the crime of gathering people to fight, sentenced to four years and five months of fixed-term imprisonment, and sentenced to three years and one month of fixed-term imprisonment for the crime of causing trouble; Mr. Si agreed with the sentencing suggestion of leniency for the crime of gathering people to fight, sentenced to three years and six months of fixed-term imprisonment, and sentenced to three years and seven months of fixed-term imprisonment for the crime of provoking trouble; Jinmou agreed with the sentencing suggestion of the Court that he should be sentenced to three years and one month in prison for the crime of affray, and one year and five months in prison for the crime of provocation and trouble making; Sheng agreed with the sentencing proposal of our court that he should be sentenced to three years and one month in prison for the crime of affray, and to one year and nine months in prison for the crime of provocation; Yang Moumou agreed with the sentencing proposal of the Court that he should be sentenced to two years and three months of imprisonment for the crime of causing trouble. After the court of first instance adopted the sentencing suggestion of the court, the defendant Yu and other five people filed an appeal without any change in the factual evidence of the case and were unwilling to accept punishment. It was a form of pleading guilty to accept punishment in exchange for a lighter punishment, and then used the principle of appeal without additional punishment. The motive for pleading guilty was impure, The leniency system of pleading guilty and punishment should no longer be applied to each of the five persons.

In order to safeguard judicial fairness and 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

Hefei Intermediate People's Court of Anhui Province

August 10, 2020

Attachment: The defendants Yu XX, Si XX, Jin XX, Yang XX and Sheng XX are now in custody in Chaohu Detention Center.