"The case of the murder of a girl at Nanjing Medical University" opens today, and lawyers analyze the possible sentence of death or life imprisonment
On February 23 this year, the Nanjing police cracked the "Nanjing University Girl's Killing Case" that occurred 28 years ago. At 9:10 am on September 16th, the Nanjing Intermediate People's Court will hold a hearing on the case.
What kind of punishment will the suspect Ma Gang be sentenced to in this case?
In an interview with a reporter from the Ziniu News of the Yangtze Evening News, the lawyer said that Ma would be sentenced to death or life imprisonment.
The Ziniu News reporter learned that the Nanjing Municipal People's Procuratorate prosecuted the suspect Ma Mougang on two counts of rape and intentional homicide.
A person from the Nanjing Intermediate People's Court told reporters that because of the victim's privacy, the court decided not to open the trial in public.
On March 24, 1992, the Nanjing police received a report from the former Nanjing Medical University (now Nanjing Medical University), stating that the school girl Lin had disappeared after studying on the evening of March 20.
On the afternoon of the 24th, Lin's body was found in the manhole in the courtyard of the school building.
After forensic examination, the deceased was hit on the head with a blunt instrument and raped, then he was pushed into the manhole and died.
After 28 years of perseverance, the Nanjing police arrested the suspect Ma Moum in the early morning of February 23 this year and solved the case in one fell swoop.
Regarding the widespread concern about what kind of penalty Ma will be sentenced, the Ziniu News reporter interviewed Chang Xuan, the executive director of the Jiangsu Jinxiehe Law Firm.
Chang Xuan told reporters that according to the relevant provisions of the Criminal Law, the crime of intentional homicide should be sentenced to death, life imprisonment, or fixed-term imprisonment of more than ten years; if the circumstances are less serious, the sentence is three to ten years.
If the crime of rape causes serious injury, death, or other serious consequences to the victim, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death sentence.
In the trial of the case, the court will consider whether the defendant has confession and meritorious service, whether he actively compensates the victim's family, whether the victim's forgiveness is obtained, and other factors, and comprehensively consider the criminal motive, means, infringement object, post-criminal attitude and other factors to determine the sentence.
And Ma Mogang absconded for 28 years after killing, committing crimes in school, etc., may all be identified as circumstances of severe punishment.
Chang Xuan said that because the case took place in 1992, that is, before the implementation of the "97 Criminal Law," the application of criminal law was also involved in the trial of the case.
According to the “old and lighter” law, if the “79 Criminal Law” is not considered a crime, the law of the time shall apply; if the “79 Criminal Law” is considered a crime and should be prosecuted, it shall be investigated in accordance with the “79 Criminal Law” Criminal liability, but the "97 Criminal Law" does not consider a crime or a lighter sentence, the "97 Criminal Law" applies.
Chang Xuan also pointed out that this principle should not have an impact on the verdict of this case, because the provisions of the new and old criminal laws on rape and intentional homicide are basically the same.
Chang Xuan told Ziniu News that according to the criminal law and previous cases, she believes that Ma Mougang will be sentenced to death or life imprisonment.
Yangtze Evening News/Ziniu News reporter Wan Chengyuan