[Japan] decision Jimen first case of minors sentenced to death -- the death penalty case on the meaning here2017-08-12 23:00:57 181 ℃
This is the first Japanese minors sentenced to death case.
In April 14, 1999, the city of light in Yamaguchi Prefecture in Japan a cruel murder. When the 23 year old Mr. Honmura Yo in the evening around seven home after work, found the door was not locked.
After entering the house, nowhere wife and 11 month old daughter summer evening. The house is a mess, upset Mr. Honmura Yo started in is not a big home to find his wife and daughter. The last is contained in the quilt inside the cabinet, found his wife half naked and became stiff corpse.
Mr. Honmura Yo immediately alarm, police arrived at the top of storage cabinet, found wrapped in plastic bags, then 11 month old sister Xia Xi.
In April 18, 1999, the police arrest was just over 18 years old a month (young Japanese law 20 years old adult). According to the prisoner's confession, he in April 14th in the afternoon around 2:00, posing as the drain pipe inspection workers, the doorbell successfully enter the victim's home.
Only one purpose -- to rape victims. The young Honmura Yayoi in the body below, but the victim was fierce resistance. So the young hands strangled the victim, the victim offender after the death of Yayoi asphyxia, the juvenile tape prepared the hands tied, and the nose is sticky tape ("in case of" prevention of victim and recovery), body of the dead victims of rape.
The 11 month baby summer evening has been beside her mother crying endlessly, young babies thrown elsewhere, but the baby is still struggling to cry, mother has been dead body to crawl.
The beast in the boy afraid of the baby crying caused the attention of his neighbor bad thing, then crying from the remains of the mother opened the next summer evening, after Chongshuai ground several times with ropes and strangle.
Although his youth was under twenty years of age, but made the cruel major, Yamaguchi County juvenile court decision will all pass over at the trial of eucalyptus. The first to open a tribunal, Mr. Honmura Yo holding his picture was in court, the judge to stop.
(Yang village and handheld. Phase for the trial)
The judge is considering the victim will affect the funerary juvenile psychological and emotional harm.
Yes, you are not wrong, then the chief judge is indeed said so. Because the pictures will affect the perpetrators of psychological and emotional.
At the hearing, the prisoner Fukuda Xiaoyuki wearing slippers to enter the court, the defense lawyer pushed his hand, Futian that to the families of victims of the direction of the bow, said: "I'm sorry, I do not forgive."
The word "sorry", after the judge found the prisoner "has become a" repentance "reference.
Killed two people, as long as after the show "I'm sorry" look, on behalf of a repentance, then you can get forgiveness.
Mr. Honmura Yo continued to protest the judge, the judge finally allowed him to take pictures in, conditions must be black can cover photos. When a trial under the decision is: life imprisonment. Taiwan is similar to Japan, and not really life imprisonment. Especially when the boy with juvenile law protection, or imprisoned for seven or eight years (a good case) will be released from prison.
The defendant's lawyer, the judge was in a life sentence, to the victims' families of the galleries, than a "victory" sign.
Mr. Honmura Yo after the ruling held a press conference, he said: "I was desperate for justice. The original judicial protection is the perpetrator's rights, judicial attention is the perpetrators of human rights. Where is the victim of human rights? Where is the rights of the victims' families!? If the judicial judgment is such, that it is better to put the prisoner now put out well, I will kill him!!"
Press conference after the end of the village came into this life as the prosecutor's office of eucalyptus. Yoshida prosecutors Mr. wearing a silver rimmed glasses, calm and reserved personality.
Usually give a person a kind of cool feeling to the Mr. Yoshida, suddenly with a trembling voice to anger Mr. village to speak their mind, this sudden move to the village with mr..
Yoshida prosecutors said: "I have a young daughter, could not imagine anyone to be cruel, one can walk desperately climbed beside her mother's baby, up to the ground and then a brutal murder. If the justice for such people can not make serious punishment, but also the judicial do what? I can not accept such a trial results!! Once you submit to such trial results, after the case will become a judge of the benchmark. I will not allow! Even if my boss disagree, I also complaint to the end. Even if I should fail one hundred times 101st times. The sir, let us fight together to promote judicial reform!"
The words of Yoshida prosecutor, let Mr. village mind first surfaced this two word mission. ".
In order not to let his precious life do nothing to sacrifice, the village decided Mr. He wanted this mission, carry the change of justice in the future.
Out of the Yoshida prosecutor's office, Yang village from Ube to fly to Tokyo airport Haneda airport, the scene in Japan's Asahi radio news program ", and second, a fierce,," performance.
Since the "two words mission" emerge in the mind, Honmura Yo decided to express their ideas to the general public through the media, let the public know more about the unequal treatment of crime victims and crime victims in the state of mind by the judicial.
At half past ten that evening, Mr. village appears in the second time, fierce, and resistance, and, "program.
Face has no noon press conference of excitement, he may have been aware of their "mission", so he is calm and objective to the audience demands.
He said: "in the criminal procedure law in the scope, I know, about the rights of the victims' families, what did not. Not only the right of these two words, even the victims' families can do what is not mentioned. The situation is this: "penalty monopoly dominant position of the country, state (government) accused of ruling the disadvantaged (people), so for the defendant in a weak position (people), there are many laws and regulations to protect the rights of the defendant (people). But in this system, the victims and their families without outside. " So, today I take only pictures appear, also blocked."
Ocean Village demands, soon get a positive response. The prime minister, Kofuchi Emi, to answer a reporter's question said: "the law for the innocent victims of relief with security is obviously not enough. As a politician, of the village situation demands can not be ignored with mr.!"
11 days after the response, Prime Minister Obuchi rushed to the hospital because of cerebral infarction, unfortunately died in May 14th. But he died in two days ago, "the crime victim protection law" and "correct criminal law" and "correct prosecution examination law" the three bills in Congress all through.
Crime victims and their families could only sit in the gallery, then you can state their opinions in court.
Like the village like Mr. victim's voice, began to face justice.
Prosecutors refused to accept the first instance of life imprisonment trial, decided to continue to Hiroshima High Court (court).
In March 14, 2002, the Hiroshima high court prosecutor for punishment of the defendant's complaint dismissed.
The reason is: "the prisoner was only just over 18 years and one month, thinking is not yet mature, the future there are infinite possibilities into account. For the future, not the probability of no prisoner rehabilitation, so the prosecution dismissed the death penalty charges, maintain a life sentence."
Although the second instance court dismissed, but prosecutors decided to appeal or refuse to be cowed or submit the Supreme Court, (the court).
The prosecutor informed the defendant in prison had sent several letters to the outside friends. So the visit to from door to door visits, and finally send letters to the recipient, and the recipient (the defendant's consent, the defendant made friends) to write letters.
For they have committed rape homicide, the defendant Fukuda Xiaoyuki wrote: "just a dog walking on the road, met a lovely dog bitch, naturally ride up...... This is also guilty!?"
The defendant Fukuda Xiaoyuki because of legal protection, the state has the obligation to provide for his lawyer fees by the state, all expenses.
In particular, the Futian defendant's lawyer is not provided by the state, but the folk group of lawyers as voluntary. In the case of an appeal to the Supreme Court, the defendant's lawyer Fukuda Xiaoyuki (from the original two people volunteered) increased to twenty-one, the size of the century, called the defense lawyers.
These are the defense lawyers members of the so-called human rights advocates, to abolish the death penalty for the largest mission and task.
This is a simple murder trial, but this group voted to abolish the death penalty to send human rights lawyers as they began to stage performances, scenes of vile performances.
The first, the second, the defendant Futian for the crime as well as the killing of the victim's no denying nor local controversy. But to the highest court trial, the defendant's lawyer after the Futian from the original two people into twenty-one defense lawyers, before suddenly negate the confession.
The defense team's chief lawyer Yasuda Yoshihiro pointed out in his interview, the defendant, the defendant to claim that he was his victim Honmura Yayoi and Xi Xia Village has no intention to kill. There is no reason why the time of the first and second is put forward, because the defendant claims has not been adopted at that time.
The defense team put forward the following opinions:
"The defendant Futian's mother was killed because of the Dutch act, eager to maternal love, hope mother embrace too strong desire, the victim will hold in see the victim unable to restrain the emotions causing the death of the victims, finally regret. The accused is not rape to invade homes, but to seek the lost maternal love."
As the victim after death of the victim corpse rape behavior, century defense team lawyer is the excuse:
"Because the defendant Futian believes that as long as the sperm into the victim's body, the victim will revive. So sex is not insult the remains of the body after death, but a death ceremony. As for the rope shoot Rorschach little sister is not be killing. Because Xi Xia sister always cry, want to let Xi Xia Futian the sister to stop crying, so tied to the bow on her neck."
Defense lawyers concluded that century:
"The defendant is not intentional homicide rape but injury death. Prosecutors want that because the defendant is sentenced to death, so the defendant made heinous image".
Fortunately, the prosecution accused Futian as evidence of letters to a friend. A control trial with the second trial judge considered "the defendant future still has unlimited possibilities and the defendant have repentance of the words" and the defendant Futian send letters to the content, is undoubtedly a great irony.
On April 22, 2008, judge for the defendant defense advocates the complete denial, sentencing defendant sentenced to death of great evil futian. From the murder occurred already after nine years.
The death penalty after the press conference, Mr. village does not have any "victory" joy.
The 2002 annual a life sentence, the village has said mr.:
"Death is the meaning of a murder of prisoners, honest face their own mistakes, from the heart for his determination to reflect the error, will own the remaining life for sin and make a meaningful contribution to society. Have a bad guy, may eventually become completely honest people. However, the national society is to take the "good man", has been born. Very cruel, very cruel, isn't it? Yes！ Ruthless win another precious life is indeed a very cruel thing. Relatively, this time the prisoner will feel that, by his own brutal killing of people, their life is priceless. The existence of the death penalty is not revenge, but let the prisoner can be honest with yourself committed evil way."
Mr. village seven years ago that was fulfilled in the futian. The one or two trial of life imprisonment, Futian itself is also very clear, about seven or eight years after it was released on parole.
Letters to friends, full of the victims and their families of insulting speech, which is part of the judicial contempt.
He said: "this world is by winning the wicked to seven or eight years later, when I go out, you should hold a welcome my big party ah"
You have absolutely no way to feel the prisoner's remorse.
But after the death penalty, Futian defendant finally realized the seriousness of his crime, survivors began to write to express their remorse.
Unfortunately, some people only threatened in their life, can understand the meaning of life and dignity.
Honmura Yo did not have a big lawyers to help out, do not fight a lone battle, April 22, 2008 high court hearing, 4 thousand Japanese people gathered to cheer for the village, Futian was finally sentenced to death, but the case is still under appeal to the Supreme court. But the Village Yang said, "I will put my judgment to the tomb to let his wife and daughter know." Was sentenced to death, Futian really make reflection of what I do, began to write to express their confession of the.
Netizens think, some people only threatened in their life, can understand the meaning of life and dignity. "There is no relatives and friends were killed and you don't understand that kind of pain! The existence of the peace society should respect the lives of others! Don't respect others who are not qualified to talk about human rights! The legal protection of people, but people should not protect the perpetrators."
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