The girl's name is Mao Heng. She is only 26 years old. She graduated from university and is in her prime. She has been very smart since she was a child, and her personality and study are excellent. At the age of fifteen, he was admitted to the preparatory class of Xi University. After graduation, I joined an import and export trading company directly. The boss appreciates and values his ability. Mao Heng met a foreign man named Obi at work. He is of high quality and strong ability, which is of great help to her work. Then they started dating. Obi-Wan often takes money to let her travel abroad and bring something back from abroad. She realized that something was wrong, but she didn't think her boyfriend would hurt her, so she did as he said. Later, she knew that what she brought back from abroad might be "drug raw materials", so she didn't want to do it. Once, she told a friend of hers, Huang Siren, about taking "raw materials for drugs" out of the country. When Huang saw the high salary, she expressed her willingness to do the job. Mao Heng told Obi-Wan that Obi-Wan arranged for Huang to take things to Thailand and other places. Huang later invited Chen Xiaoliu to attend.
On July 26th and 27th, 2009, Wu Xiaoping and Huang Siren were seized by Xiamen Customs. On August 2, Mao Heng was arrested in Guangzhou, along with her boyfriend Obi. During the trial, Mao Hengjian said Obi-Wan had nothing to do with the case. Therefore, the police thought that the man had insufficient evidence and released him. From then on, Obi was like a yellow crane.
Both Xiamen Intermediate People's Court and Fujian Higher People's Court found Mao, Huang and Wu as the principal offenders and sentenced them to death, with Huang Siren's execution suspended.
After the "Legal Report" was broadcast, the majority of netizens paid close attention to it and posted comments on the case. For Mao Heng, most netizens are very sorry and hope that Mao Heng can survive. There are also criticisms that she is ignorant: "She was bewitched and lost her mind".
After reading this report, the author first thought about this case from the perspective of legal profession. I found Mao Heng's parents, got to know them in detail, and saw the judgments of two court trials. After studying the facts identified in the judgment and the cited evidence, it is considered that the death penalty imposed by the two-level courts in Fujian is too hasty, and Mao Yan's crime will not die!
The reason why Mao Heng should not be sentenced to death is:
1. It is fundamentally wrong to identify Mao Heng's "position and role in the crime of * * * *".
The final judgment of Fujian Higher People's Court wrote: "It was found through trial that the appellant Mao Heng was instructed by her boyfriend and foreign black Obi to hire the appellant Shi Renwang to smuggle drugs out of the country with a high salary, and Wu Xiaoping, the appellant of Shi Renwang Development, participated in it, and Mao Heng received a commission from it." This fact basically exists objectively, but this high reward is not provided by Mao Heng. The reason why Mao, Huang and Wu were identified as the principal offenders in this judgment is: "Obi-in-black instructed Huang Siren to smuggle drugs through Ranunculus ternatus, in which Mao Heng was responsible for handing over air tickets, travel expenses and remuneration, contacting Huang and Wu to receive drugs, and collecting some imported drugs to Obi-in for profit, which was indispensable in the same case. Huang Siren and Wu Xiaoping are drug carriers who specialize in smuggling activities. Shi Renwang also developed Wu Xiaoping for drug smuggling, so they should all be recognized as the principal offenders of drug smuggling crimes. "
It may be reasonable to assume that Huang and Wu are the principal offenders. After all, they are people who carry drugs through the customs and are the actors in the key links of smuggling. However, it is unfair to identify Mao Heng as the principal offender, which is heavier than Huang and Wu.
Because, from the facts and reasons identified in the final judgment, it is not difficult to see that Mao Heng's role is to convey, and at most it has the nature of intermediary.
According to the facts identified in the final judgment, Mao Heng played two roles in this case:
1. Conveyance: The final judgment found that "Obi-in-black instructed Shi Yanwang and Wu Xiaoping to smuggle drugs through buttercups", then the organizer and commander was Obi-in-black, not Mao Ran. Mao Heng is a passer-by, that is, a communicator. Because Mao Heng is a translator, Obi-Wan must pass through Mao Heng to convey any instructions to Huang and Wu, which is an indispensable place for Mao Heng.
Second, transfer: Another function of Mao Heng is to transfer air tickets, travel expenses, remuneration and some drugs (not sure whether it is drugs, because there is only a confession and no other evidence). The transfer here has a dual nature.
One is the extension of communication function. Because Obi's language is unreasonable, it is more convenient to pass on the air ticket and remuneration through translation, so Obi also gave it to Mao Heng. Transfer, indicating that Mao Heng himself did not contribute.
Secondly, Shi Renwang was introduced to Obi by Mao Heng, and some things handed in by the introducer were also in line with the behavior of ordinary people. Together with Mao Heng's remuneration, it is "commission", which has the nature of intermediary.
Then, it is neither an organizer nor a conductor; Neither a drug buyer, nor a transporter, nor a seller; There is no capital contribution, and there is no share of proceeds from drug sales. If you are not in any key link of drug smuggling, how can you be identified as the principal offender? Without the actions of Mao Heng and Obi-Wan, the actions of Huang and Wu can independently constitute the crime of drug smuggling. For example, if Huang He does not hand over Mao Heng and Obi-Wan after being arrested, he will also be convicted of drug smuggling. But without Obi-Wan, Huang, Wu and others, it would be difficult for Mao Heng's behavior to be regarded as the crime of drug smuggling. Because buttercup's behavior cannot exist independently, whether it is communication or mediation, it determines her subordinate position.
The subordinate nature of Mao Heng's position can also be seen from his illegal income. The court of final appeal found that Mao Heng's income came from "royalties", and it really did. The specific commission is as follows: if Shi Renwang gets the remuneration, Mao Heng can draw about 2/5 of the fee; For example, if Chen Xiaoliu is paid, after paying the remuneration due to Chen Xiaoliu, the rest will be shared equally by Mao Heng and Huang. Obviously, Wang Siren was introduced by Mao Heng, so he can get a commission directly from Wang Siren's remuneration, while Wu Xiaoping and others were introduced by Wang Siren. Mao Heng can't get commission directly from Wu Xiaoping's remuneration, so he can only share the surplus value of Wu Xiaoping with Huang Siren. Thus, Mao Heng's reward is not from Obi-Wan, but from Huang Yu and Wu. If Huang and Wu don't get paid, Mao Heng will have no income. Therefore, the subordination of Mao Heng's position is proved.
She is not indispensable in the same crime as the final judgment. If Obi-Wan can speak Chinese, or Huang Siren can speak English, and Obi-Wan trusts Huang and Wu, there is no need for Mao Heng to exist in this smuggling chain! It is not difficult to see from Shi Renwang's confession that Shi Renwang also has Obi-Wan's phone number, so she can contact Obi-Wan directly, and actually had direct contact. She would never want Mao Heng to take any more commission. However, because she can't speak English, Obi may not trust her, so she can't communicate directly with Obi. This made Mao Heng "indispensable". Because buttercup is a translator and is trusted by Obi-Wan.
Why does Obi trust Mao Heng? Why did Mao Heng take such a big risk to help the black man? This is the Obi-Wan scam at work. This is also a common trick used by transnational criminals. First use their "talent" and "grace" to charm some inexperienced and simple-minded little girls in China, and then use them to commit crimes. Obi seems to be an expert, too. He cheated Mao Heng into trusting him and tried to excuse him when he was caught! Mao Heng is in prison, even going to the guillotine. Where's Obi? Run away and disappear into the air! Do you care about Mao Heng's life and death? What does this mean? It shows that Mao Heng was only bewitched by Obi and acted as a pawn in his drug trafficking activities, and his love was just a lie. Mao Heng was cheated and used only in this case. Many netizens have different views on this. From this perspective, Mao Heng is also a victim.
The real culprit in this case is black Obi-Wan. But the criminal was released by the police. The reason of the police is that Mao Heng lied and sheltered Obi-Wan at that time, which led the police to go astray. But is this really the case? Wu Xiaoping and Huang Siren were arrested on July 26th and 27th, 20 10 respectively, and Mao Heng and Obi were arrested on August 2nd. During the five days, Wu Xiaoping and Shi Renwang had confessed, which mentioned that there was a black man involved, and they also knew that this black man was the one who commanded Mao Heng. So Obi and Mao Heng? It was this man who was released, let the real principal in this case escape the net, made many facts impossible to find out, and blurred the status of the accomplice.
It is because there is no Obi-Wan that the judge has the illusion that Mao Heng is the real culprit.
In fact, the first-instance judgment found that Mao Heng was the organizer and commander of this drug smuggling crime. The judgment of the first instance is as follows: "After trial, it was found that the defendant Mao Heng arranged for the defendant Huang Siren and the defendant Wu Xiaoping to leave the country and smuggle drugs into the country on the condition of providing travel expenses, air tickets and paying high remuneration after the completion of the project, and was responsible for the overseas liaison personnel to hand over drugs to Huang Siren and Wu Xiaoping, receive drugs and pay remuneration to obtain illegal benefits from them." (Readers can refer to the judgment of second instance quoted earlier). It is based on this recognition that Mao Heng was sentenced to a heavier punishment than Huang and Wu in the first instance and was executed. If this is the case, the judgment of the first instance is undoubtedly correct, because according to the determination of the first instance, Mao Heng's role is obviously much greater than that of Huang and Wu.
However, the second trial has found out that Obi-Wan arranged the organization through Mao Ran, and the high remuneration was not paid by Mao Ran. Its role is certainly not as important as that recognized in the first instance. It should be mitigated, but the second trial actually upheld the original judgment. Isn't it strange that the facts have changed a lot, but the punishment has not changed? What is the reason? The reason is that Obi-Wan has not been caught. If no one is sentenced to death for smuggling so many drugs, it seems difficult for the court to explain.
The death penalty is the most severe punishment and the most irreversible punishment, so the use of the death penalty is required by the highest level in China to be "cautious". On February 9, 20 10, the Supreme People's Court promulgated "Several Opinions on Implementing the Criminal Policy of Tempering Justice with Leniency", which clearly stipulated that "the application of the death penalty should be strictly controlled according to law, and the judgment standards of death penalty cases should be unified to ensure that the death penalty is only applicable to a very small number of criminals with extremely serious crimes." "the crime is extremely serious, but as long as it cannot be executed immediately according to law, it should not be sentenced to death for immediate execution." "Cautious use of the death penalty" has been repeatedly emphasized, which has become the keynote of China's death penalty system. Especially after the disclosure of Zhao Zuohai case, the two high schools applied the death penalty more strictly, and formulated relevant regulations. The general principle is "to kill or not to kill, not to kill!" .
Drug smuggling is the key target of our country, but we can't ignore the primary and secondary, regardless of the weight. If you don't kill what should be killed, it will destroy the legal system; Killing what should not be killed is not conducive to the construction of the legal system. According to the facts of this case, the author thinks that Mao Heng's crime does not die, at least it belongs to the category of "it can't be executed immediately according to law", so please ask the Supreme Court to "keep people under the sword"! The majority of netizens also have high expectations for this. It is hoped that the people's court will correctly understand the legislative intent and respect public opinion.