At 18:00 on October 18, 2021, in Jilin Prison, Jilin Province, a criminal used his finishing time to climb over the prison wall by climbing the AB gate canopy of the prison, and then escaped, whereabouts are unknown. The police immediately issued a reward notice, 100,000 yuan to collect information on prison breakers.
It was reported that the escaped prisoner, named Zhu Xianjian, was born in 1982 and was a citizen of the Democratic People's Republic of Korea.
Through the network of judgment documents, we learned about the crime of Zhu Xianjian, a prisoner who escaped from prison, and it turned out that this person had suddenly committed the three crimes of sneaking across the border, stealing, and robbing:
At 1:00 a.m. on July 21, 2013, Zhu Xianjian illegally crossed the border from North Korea into China.
At 10 o'clock on July 22, Zhu Xianjian broke a window and entered the victim's residence to commit theft in the concentrated village of Hongguang Township, Tumen City. After being discovered by Quan X, he stabbed Quan X with a knife and seriously injured him, and snatched Quan X's satchel, which contained 1482 yuan.
At 3:00 a.m. on July 22, Zhu Xianjian entered the residence of the victim Feng Mou in the concentrated village of Hongguang Township in Tumen City, and stole an OPPOA121 mobile phone, a men's brown folding wallet, and a pair of blue sneakers. The total amount is equivalent to RMB 401.50.
At 12:00 on July 22, Zhu Xianjian broke a window again in the concentrated village of Hongguang Township in Tumen City, entered the residence of the victim Cao Mou, and stole various daily necessities, equivalent to 45.70 yuan.
First of all, Zhu Xianjian crossed the border illegally and belonged to the smuggling of border crossings. According to Article 322 of the Criminal Law: Whoever, in violation of the laws and regulations on the management of the national (border) border, illegally crosses the national (border) border and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also be fined. The court sentenced the crime of "illegally crossing the border" to six months' imprisonment in accordance with law.
Secondly, when Zhu Xianjian entered the victim Quan's home to try to steal, he was discovered by Quan and stabbed him to serious injury, and his behavior belonged to theft and robbery, constituting the crime of robbery. According to article 263 of the Criminal Law, whoever enters the household to rob public or private property or robs a person causing serious injury shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or have his property confiscated. The court convicted him of "robbery" and sentenced him to 10 years and six months in prison.
Finally, Zhu Xianjian's multiple thefts, although the total amount is not large, also constitute the crime of theft. According to article 264 of the Criminal Law, whoever steals public or private property of a relatively large amount, or who commits multiple thefts, burglaries, thefts with a murder weapon, or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone. The court found his multiple thefts to be "theft" and sentenced him to six months in prison.
In the end, Zhu Xianjian was punished for three crimes at the same time, and it was decided to carry out a fixed-term imprisonment of 11 years and 3 months, a fine of 16,000 yuan, and deportation. The sentence runs from July 22, 2013 to October 21, 2024.
After the verdict took effect, Zhu Xianjian was sent to Jilin Prison to serve his sentence. In June 2017, upon the prison's application, the court found that Zhu Xianjian was able to conscientiously abide by prison rules, undergo education and reform, and indeed show repentance. His sentence was commuted by six months.
In April 2020, after review by the enforcement prison, the procuratorate and the court, he was again sentenced to eight months, and the sentence ended on August 21, 2023.
There was still a year and 10 months to go before his sentence was completed, and Zhu Xianjian chose to pass. This operation is somewhat incomprehensible, they are about to finish their sentences, at this time they choose to escape from prison, and they are still a foreigner, and their specific motives have yet to be investigated.
But in terms of its jailbreak, it will bring more serious consequences:
First, his escape constitutes a new crime---- "escape". Refers to situations in which convicts, defendants, or criminal suspects who are lawfully detained escape custody. Article 316 of the Criminal Law stipulates that this is a crime and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Second, the commutation of the sentence in the previous period may be re-examined, and if there is any false or false situation, the commutation may be revoked and executed in accordance with the original sentence.
This case also shows that for criminal prisoners, the commutation of sentences should be more strictly controlled, and the current commutation is based on the provisions of article 78 of the Criminal Law, which meets three conditions: conscientious compliance with prison regulations, acceptance of education and reform, and indeed repentance.
This is a very general and abstract condition, and the specific application should be combined with the actual reform action of the prisoner, fully reflecting the satisfaction of these three conditions before the commutation of sentence can be applied, and the commutation itself should be strictly controlled.
Serving nearly eight years in prison, he still has not been reformed, which fully explains the subjective stubbornness of his crime. When we apply commutation, we should have stricter standards, so that at this moment, Zhu Xianjian has become a "source of danger" for society.
It also reflects the loopholes in prison supervision. Such a strictly regulated place, but let a prisoner escape from the wall under his eyes, is simply a "joke". Relevant units and individuals must bear strict responsibility for this. #法律人举案普法 #