catalogue

1. Criminal Zhang Songjian's refusal to commute his sentence

2. Criminal Xi Zhongjie's refusal to commute his sentence

3. Criminal Chen Xuebing's refusal to commute his sentence

4. Criminal Li Manquan's Refusal to Parole Case

5. Criminal Che Chengyi's Lawful Prison Case

6. Criminal Wu Zheng's Commutation Case

7. Criminal Wei Yuqing Parole Case

8. Defendant Li Hong's negligence in handling a case of temporary execution outside prison

Case 1

Criminal Zhang Songjian's refusal to commute his sentence

——Offenders of duty crimes who do not confess and repent shall not be commuted in accordance with the law

（1） Basic facts of the case

Criminal Zhang Songjian, male, former Deputy Director (Deputy Department level) of the Standing Committee of the People's Congress of Chuzhou City, Anhui Province. From June 1994 to December 2008, he successively served as the Executive Deputy District Chief, District Chief, District Party Secretary, Director of the Standing Committee of the People's Congress, Secretary of the Mingguang Municipal Party Committee, and Director of the Standing Committee of the People's Congress of Nanqiao District, Chuzhou City. He was sentenced to life imprisonment in May 2011 for committing the crime of bribery, deprived of political rights for life, and confiscated all personal property. He also received 4.283 million yuan in cash and 70800 yuan in shopping cards as a means of recovery. After the judgment takes effect, it shall be delivered for execution. In November 2014, the executing agency Anhui Chaohu Prison proposed a commutation proposal to the Anhui Higher People's Court. After filing the case, the court made the commutation proposal and other materials publicly available to the public through the internet. On December 4 of the same year, the case was publicly heard at Chaohu Prison and representatives of the Municipal People's Congress were invited to attend the trial.

After a trial by the Anhui High Court, it was found that although the criminal Zhang Songjian complied with prison regulations, actively worked, received praise three times and recorded meritorious deeds three times during his sentence, and performed well, during the trial, Zhang Songjian only admitted less than 100000 yuan in gift money and shopping cards to the bribery facts determined in the original trial, and other parts refused to plead guilty. It was also found that after the incident, Zhang Songjian actually withdrew more than 1.63 million yuan from the stolen money.

（2） Judgment results

The Anhui High Court believes that the criminal Zhang Songjian complied with the law and prison regulations during his sentence, actively participated in labor, and performed well. However, despite the clear facts and sufficient evidence in the original verdict, he still denied the majority of the criminal facts determined in the original verdict, failed to recognize the seriousness and social harm of the crimes committed, and cannot be deemed to have "confessed and repented". Zhang Songjian did not meet the conditions for commutation stipulated by law and was ruled not to be commuted according to the law. The commutation ruling has been published on the China Judgment Document Network.

Case 2

Criminal Xi Zhongjie's refusal to commute his sentence

——Criminals originally convicted of crimes that seriously endanger people's livelihoods shall be strictly controlled according to law and their sentences shall not be reduced

（1） Basic facts of the case

Criminals Xi Zhongjie, male, self-employed business owner. The original judgment found that between 2007 and March 2011, Xi Zhongjie and others produced over 2700 kilograms of clenbuterol hydrochloride powder (commonly known as "lean meat powder"), which was sold to eight provinces and cities including Henan and Shandong, causing serious harm to the health and life and property of consumers, and causing particularly significant losses to public and private property. Jiyuan Shuanghui Food Co., Ltd. alone suffered losses of over 34 million yuan, and pig farmers in Jiaozuo City suffered losses of 161 million yuan. The illegal gains amounted to 2.5 million yuan, with Xi Zhongjie personally receiving over 1.6 million yuan. Being the principal offender in a joint crime. On August 10, 2011, the People's Court sentenced Xi Zhongjie to life imprisonment and deprived him of political rights for life for the crime of endangering public safety through dangerous methods. After the verdict was pronounced, he was handed over to Henan Plain Prison for execution of the sentence. On April 14, 2014, Henan Pingyuan Prison reported to the Henan Higher People's Court that the criminal Xi Zhongjie had indeed shown repentance and reduced his life imprisonment to 20 years of fixed-term imprisonment. After filing the case, the Henan High Court made the commutation proposal and other materials publicly available to the public through the internet. On May 21 of the same year, the case was publicly heard in Pingyuan Prison.

After trial by the Henan High Court, it was found that the criminal Xi Zhongjie was able to plead guilty and repent during his sentence, conscientiously abide by laws and regulations, and actively participate in learning and labor. He was praised once and meritorious once.

（2） Judgment results

The Henan High Court believed that although the criminal Xi Zhongjie showed signs of repentance, his crimes were serious, the circumstances of the crime were heinous, and the social harm and impact were enormous. Therefore, he should be strictly controlled for commutation of sentence, and made a ruling in accordance with the law not to commute his sentence. The commutation ruling has been published on the China Judgment Document Network.

Case 3

Criminal Chen Xuebing's refusal to commute his sentence

——Financial criminals refuse to return stolen goods and are not allowed to have their sentences reduced in accordance with the law

（1） Basic facts of the case

Criminal Chen Xuebing, female, a retired employee of a certain company, was born on December 13, 1954. She was sentenced to life imprisonment in March 2011 for committing fundraising fraud, deprived of political rights for life, and confiscated all personal property. She continued to pursue illegal gains of RMB 8.7559 million. After the judgment takes effect, it shall be delivered for execution. Chen Xuebing, the executing agency of the Anhui Provincial Juvenile Prison Correctional Office, has indeed shown repentance during his sentence and requested a reduction in his sentence. After filing the case on November 19, 2014, the Higher People's Court of Anhui Province made the commutation proposal and other materials publicly available to the public through the internet, and held a public hearing on December 4 to hear the case.

After trial, the Anhui High Court found that the criminal Chen Xuebing received three commendations and two meritorious deeds during his sentence. In addition, it was found that the original trial found that Chen Xuebing used fraudulent methods to illegally raise funds from others for the purpose of illegal possession, with a particularly large amount. After the incident, Chen Xuebing refused to disclose the whereabouts of the stolen funds and has not withdrawn from the illegal gains so far.

（2） Judgment results

The Anhui High Court believes that the criminal Chen Xuebing, as a financial criminal who defrauded others of huge sums of money, refused to disclose the whereabouts of the stolen money after the incident and has not returned the stolen money to this day. The social impact of causing particularly significant losses to the victim has not been eliminated, and it cannot be determined that he has "shown repentance". According to the law, he will not be sentenced to a reduction in sentence. The commutation ruling has been published on the China Judgment Document Network.

Case 4

Criminal Li Manquan's Refusal to Parole Case

——Li is not granted parole in accordance with the law as a duty criminal who has not voluntarily returned the stolen goods or actively fulfilled his property punishment

（1） Basic facts of the case

Criminals Li Manquan, male, former engineering manager of Zhongshan Torch Industry Joint Headquarters, was sentenced to eight years in prison in October 2010 for bribery and confiscation of property of RMB 50000. After the judgment takes effect, it shall be delivered for execution. On October 30, 2012, the Intermediate People's Court of Zhaoqing City, Guangdong Province reduced his fixed-term imprisonment by one year and four months.

The executing agency, Guangdong Province Sihui Prison, applied for parole for the criminal Li Manquan on the grounds that he had indeed shown repentance during the assessment period. After the Zhaoqing Intermediate People's Court filed the case in April 2014, materials such as the parole proposal were made public through the internet, and the case was heard in public on May 15 of the same year. Six representatives of the People's Congress of Zhaoqing City and Sihui City were invited to attend the trial.

After trial and investigation by the Zhaoqing Intermediate People's Court, it was found that although the criminal Li Manquan received praise 6 times and reform activists 1 time during the assessment period, the original sentence was to confiscate 50000 yuan of property and only pay more than 10000 yuan. In addition, there were more than 820000 yuan in bribes that were not withdrawn. The criminal failed to provide evidence of personal and family financial difficulties to prove his inability to fulfill the property penalty. From the income and expenditure details inside Li Manquan Prison, it can be seen that during his imprisonment, he had a large amount of money flowing in and out, with a monthly allowance of over 400 yuan, which is higher than the average consumption level inside the prison, and he has a certain ability to fulfill refunds and compensation.

（2） Judgment results

The Zhaoqing Intermediate People's Court believes that although the criminal Li Manquan performed well during his sentence, he was a duty criminal who did not actively return the stolen goods or fulfill the property penalty to eliminate the social impact of his criminal behavior. He cannot be deemed to have shown repentance and does not meet the conditions for parole, so he will not be granted parole. The effective legal documents have been announced to the public through the internet.

Case 5

Criminal Che Chengyi's Lawful Imprisonment Case

——The temporary execution of duty crimes by criminals outside of prison has disappeared, and they no longer meet the conditions for temporary execution outside of prison. They should be promptly imprisoned and executed according to law

（1） Basic facts of the case

Criminal Che Chengyi, male, former Manager of Risk Management Department of Qiqihar Branch of Agricultural Bank of China, was sentenced to five years in prison in March 2012 for committing corruption. On May 9, 2013, after being identified by the Judicial Appraisal Center of the First Hospital of Qiqihar City, Heilongjiang Province, Che Chengyi suffered from "hypertension Ш The People's Court of Longsha District, Qiqihar City has decided to temporarily sentence him out of prison for one year, with the execution period starting from May 10, 2013 and ending on May 9, 2014.

On March 14, 2014, the Judicial Appraisal Institute of Qiqihar First Hospital identified Che Chengyi as suffering from multiple cerebral infarction, cerebral atrophy, and hypertension Ш Period "disease, in accordance with Article 3 of the" Disability Scope of Criminals' Medical Treatment on parole ", namely" Hypertension Ш The regulation of "period". The Houlongsha District Court has re evaluated Che Chengyi's condition in accordance with the regulations on strictly grasping the standards for temporary execution outside prison for "three types of criminals". On June 3, 2014, after being identified by the Judicial Appraisal Center of Heilongjiang Provincial Hospital, Che Chengyi's illness was classified as "Phase II hypertension", which does not meet the requirements of the "Disability Scope of Diseases for Prisoners on parole".

（2） Judgment results

The Longsha District Court has made a decision to detain and execute the sentence in accordance with the law, and promptly detained the criminal Che Chengyi to continue the remaining sentence.

Case 6

Criminal Wu Zheng's Commutation Case

——During the probation period for a criminal's probation, the act of bravery and righteousness constitutes significant meritorious service, and the criminal is granted a reduction in sentence in accordance with the law

（1） Basic facts of the case

Criminal Wu Zheng, male, a farmer, was sentenced to three years in prison and suspended for traffic accident in January 2012. He received community correction in Taolin Town, Miluo City, Hunan Province. The probation period for probation starts from January 28, 2012 and ends on January 27, 2015.

In April 2014, the Judicial Bureau of Miluo City proposed to the Intermediate People's Court of Yueyang City, Hunan Province to reduce the sentence of criminal Wu Zheng. After the Yueyang Intermediate People's Court filed the case, the commutation proposal and other materials were simultaneously publicized in the Taolin Town community where Wu Zheng was undergoing correction and on the internet. On June 24 of the same year, the case was publicly heard in Taolin Town. More than 40 local residents and other criminals undergoing community correction in the town participated in the observation.

After trial, the Yueyang Intermediate People's Court found that the criminal Wu was under supervision during the community correction period, receiving education and reform, actively participating in activities such as centralized education and community services, and performing well. On May 4, 2013, Wu was passing by Fengshutang in Taolin Town when he found a child drowning. Despite the danger, he jumped into more than two meters of water and rescued the child. In August of the same year, Wu Zheng was awarded the title of "brave and righteous deeds" by the Miluo Comprehensive Governance Committee. In February 2014, the Community Correction Management Bureau of the Hunan Provincial Department of Justice awarded Wu Zheng a major merit award once.

（2） Judgment results

The Yueyang Intermediate People's Court believes that the criminal Wu is actively participating in centralized education and community service activities organized by the community correction department during the probation period, and has shown significant repentance and meritorious deeds. His sentence should be reduced in accordance with the law. So in court, Wu Zheng's sentence was reduced by seven months and three days, and the probation period was correspondingly shortened. The community correction authority also handled the procedures for Wu Zheng to terminate the community correction on the same day. The commutation ruling has been published on the China Judgment Document Network.

Case 7

Criminal Wei Yuqing Parole Case

——The criminal has indeed shown repentance and is no longer in danger of committing a crime, and has been granted parole in accordance with the law

（1） Basic facts of the case

Criminal Wei Yuqing, male, a graduate of Nankai University, was sentenced to three years and six months in prison in November 2012 for committing fraud and deception. After the judgment takes effect, he shall be delivered to Anyang City Prison in Henan Province to serve his sentence. After Wei Yuqing served one year and nine months in prison, Anyang Prison suggested that he should be released on parole after showing signs of repentance. After the Intermediate People's Court of Anyang City accepted the case in September 2014, relevant materials such as the parole proposal were made public to the public through the internet. On September 12 of the same year, the case was heard in public, and five representatives from relevant parties were invited to attend the trial.

After trial and investigation, the Anyang Intermediate People's Court found that the criminal Wei Yuqing confessed and actively reformed during his sentence, receiving praise once and recording merit once. Further investigation: (1) The "Social Investigation and Evaluation Report" issued by the Judicial Bureau of Linzhou City confirms that Wei Yuqing's family is located in a rural area, and his parents have been in poor health all year round. The family's economic conditions are difficult, and he and his family usually have no bad habits, and they get along well with their neighbors. The village committee, neighbors, and their families in their place of residence have expressed their willingness to assist in supervising and educating them. (2) The criminal judgment and letter of understanding confirm that although Wei Yuqing defrauded a certain amount of money from others in the crime, he reached a settlement agreement with the victim after the incident, fully refunded the deceived funds, and obtained the victim's understanding, with little social impact. (3) Wei Yuqing has a high level of education and is able to obtain a source of livelihood through his own labor after parole.

（2） Judgment results

The Anyang Intermediate People's Court believes that Wei Yuqing has indeed shown repentance and the likelihood of committing a crime again after parole is relatively low, which meets the conditions for parole stipulated by law. On the basis of fully listening to the opinions of relevant representatives, the court made a ruling granting parole to Wei Yuqing in accordance with the law. The parole ruling has been published on the China Judicial Documents Network.

Case 8

Defendant Li Hong's negligence in handling a case of temporary execution outside prison

——Li Hong, former President of the Criminal Tribunal of Weinan Intermediate People's Court, was held criminally responsible for dereliction of duty in handling a case of temporary execution outside prison

（1） Basic facts of the case

Defendant Li Hong, male, former Vice President of the Criminal First Division of the Intermediate People's Court of Weinan City, Shaanxi Province.

After Li Hongliang, the criminal, intentionally harmed others and was approved for arrest, he was released on bail by the investigation agency for "malignant lymphoma". On July 25, 2011, the Weinan Intermediate People's Court sentenced Li Hongliang to ten years in prison and one year in deprivation of political rights for intentional injury. In early September 2011, Wang, the director of Huaxian Detention Center, submitted the application procedures for Li Hongliang's temporary execution outside prison due to illness to the case handler Li Hong. After reviewing, Li Hong proposed the lack of a rejection certificate from the prison. Wang went to Huashan Prison to handle the rejection form for Li Hongliang through personal relationships and handed it over to Li Hong. Afterwards, Li Hong placed the application materials for temporary execution outside of prison in his desk. He neither summoned the members of the court for deliberation, nor reported to the president or president in charge of the court, nor delivered the execution to the public security organs. As a result, Li Hongliang, a criminal with a serious tendency towards violence and great social harm, was released from custody for a long time after being sentenced, and his free access to public places continued to endanger society, In June 2012, he participated in intentional injury crime again, resulting in one person's death. Li Hong's dereliction of duty has seriously damaged the reputation of the judicial organs and caused adverse social impacts.

（2） Judgment results

In December 2014, the People's Court of Wubao County issued a first instance criminal judgment, finding that the defendant Li Hong was guilty of dereliction of duty and sentenced to two years in prison. Li Hong filed an appeal, and the case is currently being tried in the second instance.