1. Is the signature activity of requesting death useful?
In order to publicize the death penalty in Chen Shifeng, the signature activity initiated by Jiang Qiulian attracted the attention of netizens. Up to now, there have been 6.5438+0.5 million people, and Professor Liu Huiming was very moved. Some people say that this is an act of public opinion interfering in the administration of justice. He thinks this statement is wrong. This is the right of Ms. Jiang Qiulian as the victim's family. Participating in the signature activity is also the voice of the majority of netizens on this case. This is the right of the public, not to mention interfering with the administration of justice.
There is an article on the Internet that Japan has an unwritten precedent. If the murderer signs his name and the number of people petitioning for the death penalty reaches 330,000, the court can sentence him to death.
One case is Takayuki Otsuki's case. She killed a young mother and her 1 1 month-old daughter by extremely cruel means, and more than 330,000 people petitioned. Later, he was sentenced to death and became the first minor in Japan to be sentenced to death.
In another case, in 2007, Li Hui, a Nagoya girl, was brutally killed by three Japanese, and Wen Zi, the girl's mother, initiated a nationwide signature, demanding that the murderer be sentenced to death. This appeal was supported by many Japanese nationals, and finally 332806 signatures were collected. Finally, the Nagoya court sentenced two murderers to death and one to life imprisonment.
Professor Liu Huiming explained that the Japanese Constitution does have provisions on the people's right to petition: everyone has the right to petition, and can petition on matters such as damage relief, dismissal of civil servants, formulation, repeal and amendment of laws, decrees and rules ... but it does not stipulate that such petitions must be responded to when they reach a certain number. It is not true that the death penalty can be imposed when the number of signatures reaches 330,000. In the above two cases, the murderers were sentenced to death, and it is hard to say that the signature petition played a key role.
Japan implements the principle of "single indictment" in criminal proceedings, that is, the indictment submitted by the prosecutor only records the defendant's name, facts of public prosecution, charges and other special matters, and it is forbidden to add other documents or content that may lead to prejudgment. Its purpose is to let the judge enter the trial procedure without any preconceived prejudgment. Therefore, Professor Liu Huiming said that he was not optimistic about whether the public signature petition could be accepted by the judge and how much impact it would have on sentencing. "Public support for signature activities is welcome, but in Japan, it will not play a decisive role and has little impact on the judgment."
Second, how may the Japanese court decide?
Although Japan has not abolished the death penalty, it is very strict with the death penalty. Even if you are sentenced to death, it will take a long time from the entry into force of the judgment to its execution. In Chen Shifeng's judgment, what really plays a decisive role is whether he killed on impulse or premeditated. If it is premeditated, the possibility of death penalty will be greater. Judging from the information disclosed on the Internet at present, there is a saying that it is more important that Chen Shifeng didn't kill people with a knife, but Jiangge did. If this detail is established, it will be beneficial to the statement that Chen Shifeng did not commit premeditated murder, but the case has not been tried, and this plot cannot be officially confirmed.
Professor Liu Huiming pessimistically believes that Japanese courts are unlikely to sentence Chen Shifeng to death. He estimated that the sentence may be 10- 15, and the place where he served his sentence may be the "Fuzhong Penal Institute", Japan's largest prison, to serve his sentence as usual.
The trial of this case is also a long process. The trial in Japan is a problem, and this case will be held at least four or five times. It depends on whether the judge will list several questions related to the case.
In addition, unlike China's two-instance system, if Chen Shifeng appeals, the Japanese three-instance system will take at least two years to make a final judgment. Such a long trial process is undoubtedly a long ordeal for Ms. Jiang Qiulian.