#Legal Popularization Action#
Tell vivid cases, talk about practical laws! Click to follow in the upper right corner, more wonderful sharing is offered!
Text|Gentleman’s Law
Editor|Eggplant
☞ The judgment in this case number: (2017) Su 09 Criminal Chu No. 54 ☜
In 2017, a homicide occurred in Yancheng, Jiangsu Province, and the deceased Liu Meiyan (pseudonym) was a prostitute. The body was wrapped in mattresses and floated on the surface of the river in a village in Yandu District.
The appraisal opinion proudly reads: The deceased died of drowning after craniocerebral injury and heavy hemorrhage. After it was determined that it was homicide, the public security organs quickly launched an investigation.
Ji Dalong (pseudonym), a 69-year-old elementary school educator who was convicted in 2004 for arson and spent three years in prison.
When the police searched Ji Dalong’s home, they found an electric bicycle ridden by the victim, Liu Meiyan, as well as a helmet and two mobile phones. The appraisal value is 3051 yuan.
What the police couldn’t figure out was: what kind of deep hatred does an old man who is nearly seventy years old have with this 48-year-old woman who has lost his foot, and he must get rid of it quickly?
After capturing Ji Dalong, the police launched an interrogation and soon learned the truth: a pair of gold earrings worn by Liu Meiyan actually cost her life.
It turned out that Ji Dalong and Liu Meiyan met in the process of prostitution. In April 2017, when the two met, Ji Dalong saw Liu Meiyan wearing a pair of gold earrings and had the idea of taking possession for himself.
So on the 21st of that month, Ji Dalong called Liu Meiyan to his home on the grounds of prostitution. At 7 p.m., Liu Meiyan rode an electric car to Ji Dalong’s home in a village in Yandu District.
At 10 o’clock at night, Liu Meiyan was lying on the bed, and Ji Dalong took advantage of her unpreparedness to take out a steel rod at home and hit her in the face continuously, and stabbed Liu Meiyan down.
Until Liu Meiyan was almost breathless, Ji Dalong pulled off the gold earrings Liu Meiyan was wearing, then wrapped Liu Meiyan with a mattress, and packed her clothes with her own crime tools and put them on her small boat.
Then, Ji Dalong punted his boat to the river near his home and threw Liu Meiyan and a bunch of belongings into the river. Later, he also sold the pair of gold earrings worth 1574 yuan for 955 yuan.
In 2018, the Yancheng People’s Court in Jiangsu Province sentenced Ji Dalong to death for robbery and deprived him of his political rights for life. Ji Dalong did not appeal, and the procuratorate did not protest. In 2019, Ji Dalong was approved to carry out the death penalty.
In this case, we need to master the following legal knowledge:
1. Robbery is a serious violent crime, and $1 also constitutes a crime
There are many crimes involving property, such as theft, robbery, fraud, and intentional destruction of property, and there are basically requirements for the amount of crime in the composition of the crime.
However, the crime of robbery is an exception, because it is a serious violent crime, which not only threatens the victim’s property, but also threatens the victim’s personal safety, so there is no amount standard.
In this case, Ji Dalong used violent robbery for the purpose of illegally possessing Liu Meiyan’s gold earrings, which met the criminal composition of the crime of robbery.
2. The death penalty is not applied to the elderly? No, there are two restrictions
Some people asked: Why was Ji Dalong, who was over 70 years old at the time of the trial, sentenced to death? Isn’t the death penalty not applicable to older persons? In fact, this is a misunderstanding.
Under article 49 of the Criminal Code, the death penalty is not applicable to persons who have reached the age of 75 at the time of trial, except where death is caused by particularly cruel means.
Therefore, there are two restrictions on the exclusion of the death penalty for older persons: (1) they have reached the age of 75 at the time of trial; (2) Cases in which death is not caused by particularly cruel means. And Ji Dalong in this case does not meet any of the conditions.
3. Eight situations in which the crime of robbery can be punishable by death
The minimum penalty for the crime of robbery is imprisonment of not less than three years but not more than ten years, and a fine; The maximum penalty is fixed-term imprisonment of more than 10 years, life imprisonment or the death penalty, and a fine or confiscation of property.
There are eight circumstances in which the death penalty can be imposed: (1) home robbery; (2) robbery on public transport; (3) Robbery of banks or other financial institutions; (4) Multiple robberies or huge amounts of robbery; (5) Robbery causing serious injury or death; (6) Committing robbery by impersonating military and police personnel; (7) Robbery with guns; (8) Robbery of military materials or rescue, disaster relief, or relief materials.
The main reason why Ji Dalong was sentenced to death was that he robbed and died.
4. Anyone who premeditates intentional homicide for the purpose of robbing property shall be sentenced to death immediately
Although our criminal law still retains the death penalty, the application of the death penalty is very strict and cautious. The reason why Ji Dalong can apply the death penalty is because he premeditated murder in order to rob property, and his subjective malignancy is extremely deep.
The SPC’s Guiding Opinions on Several Issues Concerning the Application of Law in the Trial of Criminal Robbery Cases stipulates that if a person premeditates intentional homicide for the purpose of robbing property, and the defendant cannot determine the circumstances of lenient punishment, the death penalty may be imposed immediately in accordance with the law.
★ Case revelations ★
Here is to tell everyone, in any case, do not seek wealth and kill people. Money is something outside the body, but life is only once, and there is no substitute.
In this case, the 69-year-old man killed a person for a thousand yuan of property, which is the sorrow of society as well as the sorrow of individuals. The victims lost their lives, and the perpetrators themselves paid with their lives.
The 48-year-old victim would not have given the perpetrator an opportunity if he had not sold his body for dirty money. There have been countless murders caused by prostitution, and this case is the biggest wake-up call for those who are lucky!
Why do you think a 69-year-old covets a pair of gold earrings? Is he really just murdering for money? Is the end of a thousand dollars worth it? Leave a message to discuss! Thank you for reading the original works of the Gentleman’s Law Theory Series and following me to share more legal knowledge!