Edit | July
Author | Wang Fengyuan Lawyer Of Huaicheng
On May 22 last year, Liu Mou, unable to accept the reality of investment failure, suddenly accelerated and deliberately ran a red light while driving his BMW through the zebra crossing of the sidewalk of the north gate of Wuhui Road Labor Park, causing five deaths, two serious injuries, four minor injuries, and two injuries.
After rear-ending the van, it stopped, abandoned the car and fled the scene, and was caught by the police that afternoon.
The case is a human tragedy. Once exposed, it aroused widespread concern and anger from all walks of life, believing that the perpetrator Liu Mou's demonic behavior of treating life as grass and mustard was not enough to kill the people.
The Dalian Intermediate People's Court's first-instance judgment found that Liu had committed the crime of endangering public safety by dangerous means and sentenced him to death and deprived of his political rights for life. Liu was not satisfied and appealed.
On February 9, 2022, the Liaoning Provincial High People's Court publicly pronounced a second-instance judgment on the case.
1
The death sentence was upheld in the second instance
According to article 115 of the Criminal Code, whoever, by dangerous means, causes serious injury or death to a person or causes serious damage to public or private property shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or the death penalty.
After a public hearing, the court of second instance held that Liu Mou vented his emotions in an extreme way due to the failure of investment, drove and accelerated on the public road in the urban center area, deliberately ran a red light, and collided with a pedestrian who was crossing the road on the sidewalk, causing many deaths, injuries and property losses of others, the means were particularly cruel, the circumstances were particularly bad, the consequences were particularly serious, the criminal motive was extremely despicable, and the social harm and crime were extremely serious.
The court of first instance determined that the facts were clear, the evidence was credible and sufficient, the conviction was accurate, the sentence was appropriate, and the trial procedure was lawful, so it ruled to reject the appeal, uphold the original judgment, and report to the Supreme People's Court for approval of Liu's death sentence in accordance with law.
2
The death penalty still needs to be reviewed by the Supreme People's Court
The deliberate application of the death penalty is a respect for life and human rights. Since ancient times, the Chinese legal system has had a tradition of "killing with compassion and caution", and generally only death penalty cases of extremely bad nature will be judged as "beheading", and other ordinary death penalty cases or cases with doubts are usually "asked to be beheaded after autumn".
Moreover, the two types of death penalty cases, "beheading and deciding" and "autumn post-death", need to be approved by the Dali Temple and the Punishment Department.
In order to ensure the quality of death penalty cases, prevent the wrongful killing of innocents, and achieve fairness and controversy in the death penalty process, a special death penalty review procedure has been set up in the mainland criminal procedure.
Therefore, after the second-instance judgment of the Provincial High Court in Liu's case was pronounced, it must be reported to the Supreme People's Court for approval of Liu's death sentence in accordance with law. The Supreme People's Court reviewing death penalty cases shall make a ruling approving or not approving the death penalty. Where the death penalty is not approved, the Supreme People's Court may remand it for a new trial or give a revised judgment.
Whether Liu Mou can ultimately be approved for death still needs to be subject to the results of the Supreme People's Court's death penalty review.
Even if Liu does not appeal, even if liu does not appeal, it is still necessary to report to the Supreme Court for review. The review procedure will not be heard. Review and trial through written reading and review. The indefinite trial request shall be handled by the Supreme People's Court.
The execution of the death penalty shall be carried out by the court of first instance, that is, the Dalian Intermediate People's Court shall be responsible for enforcement. Before Being executed, Liu had an opportunity to meet with his close relatives before being executed.
3
Cherish life and stay away from crime
Liu mou was sentenced to death, and he deserved it and was very happy. But the victims who died innocently and tragically under the wheels cannot be revived, and the fear and pain suffered by the injured survivors and the families of the dead and injured in this heavenly catastrophe can only be slowly passed down by time.
Liu's extreme emotional venting behavior harms others and harms himself, and in the period before the execution of the death penalty, whether he repented of the beginning, we do not know.
The most precious thing for a person is life, and life cannot be repeated. Don't fall into the abyss of eternal doom for yourself and others because of the difference of a single thought.