As far as this case is concerned, the defendant argued that this case was due to emotional disputes, not intentional homicide, and the defendant had surrendered himself, which was a first-time offender and should be given a lighter punishment.
According to Article 67 of the Criminal Law, a person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is self-surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted. If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself. Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
As far as this case is concerned, the defendant did surrender, so the second trial may change the death penalty to a suspended execution, which can be compared with the passion fruit girl case. In the case of passion fruit girl, the defendant also surrendered himself. The first trial was sentenced to death, and the second trial was suspended, which caused public controversy. Later, the Supreme Court intervened and ordered the Guangxi High Court to retry, revoke the original judgment of the second instance and commute the death sentence.
It is worth mentioning that Xinhua Micro-Review commented on the case of passion fruit girl that surrender is not a gold medal for avoiding death.
Because the case also caused a bad social impact due to the spread of public opinion, the court of first instance found that the defendant Lu's criminal means were cruel, with serious consequences and bad influence. The murdered girl was not at fault or responsible for intensifying contradictions, and although the defendant surrendered himself, it was still not enough to be given a lighter punishment, so he made a death sentence.
Personally, I think the judgment of the first instance is reasonable, especially after the passion fruit girl case, the Supreme People's Court transferred the volume to review the case. The relationship between public opinion and judicature has attracted the attention of many legal practitioners, because public opinion is indeed a channel to supervise the judiciary. Therefore, it has been suggested that in order for ordinary people to feel fairness and justice in every case, not only the parties to the case should feel fairness and justice in the trial of the case, but also the public and public opinion should feel fairness and justice in every case.
Undoubtedly, judicial trial concerning citizens' personal and property rights and even personal life is a necessary means to decide the outcome, stop disputes, punish evil and promote good, and maintain the normal operation of social order. Therefore, I believe that the second-instance judgment of the Zhejiang kindergarten teacher case will be treated with caution by the judicial organs, and a reasonable judgment will be made according to the principle of adapting crime and punishment and substituting punishment for crime. At the same time, the case can stand the test of laws and facts and the scrutiny of the public.
These are my immature views on this issue and do not represent any reference suggestions. If there is anything wrong, please criticize and correct me.