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Criminal Case Study

2024-09-13 11:33
On the night of June 24, 2009, a classmate of the Guangzhou Police, Mr. Ma, went to Dongping for a haircut. During the hairdressing process, Ma deliberately picked on the hairdresser Chen Lin's hairdressing skills and had a conflict with Chen Lin. During the argument, Ma could not suppress his anger and punched Chen Lin. Before Chen Lin could fight back, Ma picked up the chair beside him and smashed it at Chen Lin's head, causing her head to be slightly injured. After being hospitalized, he spent a total of more than 20,000 yuan. Chen Lin filed a complaint with the district public security bureau on June 24. The public security bureau believed that this case should be a private prosecution case and told Chen Lin that she should sue in court. After Chen Lin sued the court according to the law, the court felt that there was insufficient evidence, so they transferred the case to the district public security bureau for investigation. The Public Security Bureau filed a case for investigation according to law and decided to take bail pending trial for the defendant Ma. At the same time, he was asked to provide a guarantor and pay a security deposit. After the investigation ended, the district public security bureau believed that the facts of the crime were basically clear, and the suspect admitted to the crime, so they transferred the case to the district people's prosecutor's office for prosecution. In the process of examination and prosecution by the district people's prosecutor, the victim Chen Lin put forward a supplementary civil compensation request to the people's prosecutor. After mediation by the prosecutor's office, both parties reached an agreement and Ma Mou paid Chen Lin 20,000 yuan as compensation. After the investigation, the district prosecutor's office filed a public prosecution with the district people's court. The victim insisted on filing a supplementary civil lawsuit with the court, demanding compensation for material and mental damage, and paying the court a lawsuit fee. After the district people's court accepted the case, it believed that the case met the applicable conditions of the summary procedure and intended to adopt the summary procedure. Therefore, it suggested that the prosecutor should apply the summary procedure for trial, and the prosecutor agreed. During the trial, the defendant retracted his confession in court and denied that he had committed a crime. The court felt that the facts of the case were complicated, so it extended the trial period of the proposed procedure and made a judgment two months later. During the court hearing, the public prosecutor believed that the court trial procedure was illegal and did not ask the parties whether to apply for withdrawal. After the proposal was made in court, the panel adopted and corrected it. In addition, in the supplementary civil action, the defendant's ability to compensate was difficult to determine at the moment. Therefore, after the trial of the criminal case, a new panel was formed to hear it. In the end, the court sentenced the defendant to one year in prison and compensated him for 12,000 yuan for economic losses and 5,000 yuan for mental damage. Q: What is wrong with the proceedings of this case? He also explained the reason.
1 answer

The criminal case analysis is as follows: The victim's promise and criminal proceedings The victim's promise refers to the victim's written promise to the court in the criminal proceedings to give up the criminal responsibility of the accused and to reconcile or compensate the accused. The victim's promise played a certain role in criminal proceedings. It could reduce the workload of criminal proceedings and prevent the accused from being pursued for a long time. At the same time, it could also help to promote reconciliation between the victim and the accused. 2. The victim's promise and reconciliation The victim's promise and reconciliation was a common method in criminal proceedings. In the victim's promise, the victim could promise in writing to the court to give up the criminal responsibility of the defendant and reconcile or compensate the defendant. If the victim kept his promise and the defendant was willing to accept the settlement and give up the criminal proceedings, it could facilitate the settlement between the two parties to avoid unnecessary disputes and lawsuits. 3. The victim's promise and compensation The victim's promise and compensation were also commonly used in criminal proceedings. The victim can promise in writing to the court to compensate the defendant, including financial compensation, mental compensation, etc. If the victim could abide by the promise and make reasonable compensation to the defendant, it could reduce the criminal responsibility of the defendant and help promote reconciliation between the two parties. 4. The victim's promise and understanding The victim's promise and understanding were also commonly used in criminal proceedings. In the victim's promise, the victim could promise in writing to the court to forgive the accused, including the accused's criminal behavior, reconciliation, and so on. If the victim could abide by the promise and have a reasonable understanding of the defendant, it could promote reconciliation between the two parties and avoid unnecessary disputes and lawsuits. 5. The victim's promise and probation Under certain circumstances, the victim can promise in writing to the court to forgive the accused and give up the criminal proceedings against the accused. If the victim promised to get the court's approval, the defendant might get a lighter sentence such as probation.

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