Friday, February 10, 2012

it is the offense committed and the sentence served s

Draw on medical parole and crime to the implementation of the supervision and inspection notice (stub)
in Niuyu Jiang's wife Zhu want her husband why should postpone sentence to the answer in 2020, the prison in writing Zhu made Explanation: released for medical treatment after the expiration of a proactive return; in the community for a long time to report to the prison.
my husband for 14 years staying in the home and go nowhere. years.
at the same time, experts and scholars of the legal community is another argument: Niu Yujiang should or should not continue for one has been the abolition of the criminal law provisions to continue to serve their sentences?
wife questioned
husband did not escape prison to shirk its responsibility
received notice of the extended term of imprisonment to Niuyu Jiang, Niuyu Jiang lover Zhu finally could not get on. She contacted the police station,Air Max 2011 Womens, looking for the Supreme People's Court, to find the Supreme People's Procuratorate, and even found the Department of Justice Bureau of Prisons, find every one she accepted her husband's unit.
Wherever he went, Zhu will be at the door prior to the complaint written on a piece of paper and then re-read, and for fear of what they want to say the slightest error, thereby affecting the husband sentence.
, according to Zhu, she thinks her husband on medical parole to the end of a 12 year prison were recaptured (medical parole 2 years), should be counted in the sentence of execution.
my husband for 14 years at home, where have not been a month to report to the police station once, Beijing opened what the meeting or what the case,MBT Kesho MJ, the police will routinely look for my husband to talk about .
how to now saying that it is my husband did not return, the Internet also wanted him. I think this is the prison blame on my husband's head. responsibility must Niuyu Jiang a person to bear? the admissibility of the views, Zhu began to write a letter to the Xinjiang Shihezi prison, to reflect their own questions in the form of a complaint to the prison.
April 5, 2006, Xinjiang Shihezi prison official to Zhu mail back a written reply.
in the written reply, the prison first cited the extension of the Supreme People's Court on medical parole of prisoners did not return a sentence whether to postpone a file. According to the provisions of the documents, all in the medical parole to the expiration of an extension is not owned by the extension of time is not counted in the execution of the sentence within.
at the same time, the prison also written material disclosed in prison from 1992 until 1997, has been in the form of correspondence will Niuyu Jiang, Prison. Subsequent prison from 1998 to 2002 period, the registered letter in the form submitted to the Beijing police arrest Niuyu Jiang returned to prison,Nike Mercurial Vapor Superfly FG, but Niuyu Jiang has not returned.
In desperation, the prison in 1999 and 2001, had twice the Internet wanted Niuyu Jiang, and ultimately sent to 2004 Niuyu Jiang captured.
prison that: Niuyu Jiang clearly know; released for medical treatment after the expiration of a proactive return; leave things to chance to avoid penalties; in the community for a long time to report to the prison on medical parole time. Based on these issues, combined with judicial interpretation of the Supreme People's Court, to Niuyu Jiang extended sentence is reasonable and legitimate.
police say
can only be sent to help arrest do not know wanted the situation
this material according to the prison, Niuyu Jiang in medical parole after the expiration of , prisons have repeatedly wrote to the Beijing police sent a letter to ask the police Niuyu Jiang, But these letters and correspondence of the prison, the Beijing police has yet to make any reply, but not the slightest move.
Why is ignored Beijing police will have a letter from prison in Xinjiang? The reporter visited Niu Yujiang home where the district police station, and found the police was primarily responsible for home Niuyu Jiang Area.
has passed for many years, but that the police surnamed Li Niuyu Jiang or impression. The face of the reporter's Association catching doubt that the police are given the latter transferred to the police district, wanted in the situation do not understand
in an interview with the the Chus director of the police station, Zhusuo Chang believes that, arrest Niuyu Jiang's work should be performed by the prison: unit arrest the fugitives, but we are to assist with the case like Niuyu Jiang, should be as an organizer by the prison, they take the lead sent to Beijing came for, we just sent to help arrest the district police station. / p>
When asked about the online two wanted Niuyu Jiang, and Niu Yujiang every month to report to the police station, when this period, why not Niuyu Jiang implementation of the arrest,Christian Louboutin Mens Cheap, Zhusuo Zhang also said that he is just moved to this, do not understand for the previous situation.
Reporter survey
prison notice identified in 1998 on medical parole is still valid
in the end is the prison has issued a written arrest not the attention of police? Work of the police negligence Niuyu Jiang exceed medical parole period of 12 years?
At this time, reporters have been issued a Shihezi prison on November 25, 1998 submitted to the stub on medical parole the offender to perform supervision and inspection notice
the stub of receipt by the unit for a certain branch of the Beijing Public Security Bureau. The issuance of a column of a handwritten word
According to reports, this notice is generally issued by the execution of the penalty of prison units of the receipt of the public security bureau or branch of offender residence. The role drew the offender residence, the police carry out its supervision and inspection on medical parole of criminals inspection disease, with or without a new criminal weekdays performance content. This means that
Shihezi prison on November 25, 1998 issue of this notice, is still recognized legitimate Niuyu Jiang medical parole, and submitted to the Beijing police to continue its supervision and management .
police station to prove the overthrow of
Coincidentally, the signing of a share of the supervision and inspection notice and personally handled pursuit Niuyu Jiang online, prison Branch summer surname back office happens to answer the phone, conduct and Niuyu Jiang introduced.
According to back office, surnamed Xia, Niu Yujiang medical parole after the expiration of the prison several times sent a letter and wrote to request the Beijing police arrested and transferred to prison Niuyu Jiang implementation, but Niuyu Jiang unauthorized from the residence, who can not find him, even the police station and other departments can not find him,Womens Nike Air Max 91, this pursuit in the 1999 and 2001, twice online. supervision and inspection notice issued by the Beijing police still to summer and last name back office, said that before 1999, a notice of the prison are issued to all public security organs in the field in this format since 1999, was changed to an investigation notification and issued a document in the form.
Curiously, however, through other channels, the reporter a certificate issued by Niuyu Jiang residence police station, the content is in this area, the period to obey police management, performance, criminal behavior
According to the proof of the prison
Department of Justice regulations
guards dereliction of duty extended period should be included in the implementation of sentence
Zhu husband Niuyu Jiang extended sentence it has been her understanding : If the Department of Justice files, the prison will take responsibility, they take responsibility in order not to let her husband worry all down.
Zhu said that the Department of Justice, in fact, the Ministry of Justice, Bureau of Prisons in 1995, an approval.
in 1995 , a place of the Northwest with criminals released on medical parole cases did not return, the prison did not take the initiative to arrest, resulting in the offender extended for many years.
Ministry of Justice, Bureau of Prisons of the event approval is dereliction of duty resulting in criminals released for medical treatment in excess of the extended period should be included in the implementation of the sentence: indeed due to the prison and police work. Relevant to be investigated for dereliction of duty personnel responsibilities, in accordance with the relevant laws and regulations apply.
my husband for 14 years staying in the home, where did not go to prison in addition to write a letter what did not do anything, which there must be factors of the prison of individual police misconduct, but now they let me husband one man to bear all the responsibility, deal with the results of this simple and crude, I refused to accept,
view battle
● China Law Society, Zhang Ping
Niuyu Jiang should continue to serve their sentences
Zhu also to her husband The term of imprisonment running the complaints of the same period, from mid-November 2010, the reporter will interview Niuyu Jiang cases obtained information with Beijing a number of legal experts or well-known lawyer in the discussion.
in seminars on criminal law has been canceled hooliganism Niuyu Jiang should also continue to serve their sentences on the issue, the formation of two completely different views, and fierce battle.
of China Law Society Criminal Law Professional Committee member Zhang Ping given point is: Niuyu Jiang should continue to serve their sentences.
after the new Penal Code clearly defined, that is, 12 of the Penal Code provides that: before the implementation of this Act continue to be valid, effective judgments have been made in accordance with the law at that time.
Zhang Ping said that since the original court has made an effective judgment and the judgment has to be implemented. So unless there is evidence that the original case there is error, may revoke the original judgment. Otherwise, the original judgment is sure to continue execution of this crime and an initial legislative and judicial principles.
● former Beijing Youth Politics College Professor Zhou Ze
the original judgment should be withdrawn to a retrial
former professor of Beijing Youth Politics College, Beijing Heaven Lawyer Week Ze is a completely different point of view: Niuyu Jiang cases the original judgment should be revoked, a retrial.
Zhou Ze, how to deal with the present case Niuyu Jiang such according to the
Zhou Ze, like Niuyu Jiang such circumstances, under the new Penal Code does not constitute a crime, or just need to bear a lesser criminal responsibility, the past has been sentenced or sentenced to a heavier penalty , it is necessary to re-evaluate their behavior. Under the current law does not constitute a crime, should be released immediately. Under current law is still recognized as a crime, conviction and sentencing should be based on the new Penal Code.
legality, it is the offense committed and the sentence served should have a clear legal provision stipulates that hooliganism Niuyu Jiang serving based on no longer exists,buy mbt shoes cheap, so unaccountably serving, would not and contrary to the principle of legality of the Criminal Law! The lawyers pointed out that in the case of Niuyu Jiang, the prison has certain responsibilities. If verified, some people may be suspected of crime, Niuyu Jiang 12 years should be calculated into the sentence.
Finally, the lawyer said, is willing to free Niuyu Jiang agent to discuss a
edition text / features reporter TIME
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