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緩刑犯見義勇為救兩名落水女孩獲6個月減刑,系浙江省首例
2020-01-11 17:54  www.rockfishriot.com

“罪犯熊益发在社区矫正期间,能接受教育改造,确有悔改表现,其在日常生活中舍己救人的见义勇为行为构成重大立功,符合减刑的法定条件,依法可以减刑。依据相关法律,对罪犯熊益发减去有期徒刑六个月,并缩短缓刑考验期一年。”

\"The criminal Xiong Yifa can receive education and reform during the period of community correction, and there is indeed repentance, and his act of giving up his own courage to save people in daily life constitutes a great meritorious service, which meets the legal conditions of commutation of punishment and may be commuted according to law. Under the relevant law, the offender's welfare is reduced by six months'imprisonment and the probation period is shortened by one year.

今天(1月10日),浙江丽水市中级人民法院对一起缓刑罪犯申请减刑案件进行公开开庭并当庭宣判。这是浙江省首例缓刑服刑人员因舍己救人构成重大立功而获准减刑案件。

Today (january 10), the zhejiang lishui city intermediate people's court on a probation criminal application for commutation of sentence in public court and sentenced in court. This is the first case in zhejiang province where suspended prisoners have been granted commutation of their sentences for giving up their lives.

2017年3月,熊益发通过淘宝购买一把自动退壳射钉枪及枪套管、枪托等配件,在位于龙泉市住龙镇龙星村的家门口进行切割改装,改装后的手动退壳射钉枪可用于隔空射击。之后,熊益发曾两次持该枪支进行狩猎。

In March 2017, Xiong Yifa bought an automatic shell-removing nail gun and accessories such as casing and rifle butts through Taobao to cut and refit at the door of his home in Longxing Village, Longquan City, where the modified manual shell-removing nail gun can be used for empty shooting. After that, xiong yifa used the gun to hunt twice.

2017年12月,熊益发改装的枪支被公安机关查获。经鉴定,熊益发改装的射钉枪属于以火药为动力发射弹丸的枪支,且具有杀伤力。

In December 2017, Xiong Yifa's modified gun was seized by police. The modified shooting gun of Xiong Yifa belongs to the gun of firing projectile with the power of gunpowder, and it is lethal.

2018年8月,熊益发因犯非法持有枪支罪被龙泉市人民法院依法判处有期徒刑三年,缓刑四年,缓刑考验期自2018年9月4日起至2022年9月3日止。判决生效后,熊益发在住龙镇司法所接受社区矫正。

In August 2018, Xiong Yifa was sentenced to three years in prison, suspended for four years, from September 4,2018 to September 3,2022, by the Longquan City People's Court for the crime of illegally possessing firearms. After the ruling came into effect, xiong yifa received community correction at the zonglong town judicial office.

2019年8月1日傍晚,熊益发在家门口听到呼救声,发现是有人落水后,与村民雷某合力救起两名落水女孩,一人10岁一人21岁,得到社会一致好评。

On the evening of August 1,2019, Xiong Yifa heard a cry for help at his door and found it was someone who fell into the water and joined forces with villager Lei to rescue two girls in the water, one 10 and one 21, which was well received by the community.

2019年9月,熊益发主动要求加入龙泉市住龙镇的安全维稳巡逻队和红星义警联防队,为加强住龙镇社会安全保障尽自己的一份力。

In September 2019, Xiong Yifa took the initiative to join the security stability patrol and the Red Star vigilante joint defense team in Longquan City, to do their part to strengthen the social security of the town.

法院经审查认为,罪犯熊益发在社区矫正期间服从监管,能认罪悔罪。其舍己救人的见义勇为行为构成重大立功,符合减刑条件,依法可以予以减刑,裁定如下:对罪犯熊益发减去有期徒刑六个月,并相应缩短缓刑考验期一年。

The court considered that the offender, mr bear, had been able to plead guilty and repent during community corrections. The act of giving up his own life and saving others constitutes a great meritorious service, which meets the conditions of commutation of sentence, and may be commuted according to law, and the ruling is as follows: the criminal Xiong Yifa shall be reduced by six months'imprisonment, and the probation period shall be shortened accordingly.

此外,丽水中院联合丽水市司法局组织了50名社区服刑人员参与旁听庭审,为落实宽严相济刑事政策,激励罪犯改造提供有效司法实践样本,实现了“审理一案,教育一片”的良好效果。

In addition, the Lishui Intermediate People's Court, in conjunction with the Lishui Municipal Bureau of Justice, organized 50 community prisoners to attend the trial, providing an effective sample of judicial practice for the implementation of the lenient and strict criminal policy and encouraging the reform of criminals.

实践中,对于缓刑这类服刑人员,采取的是“以不减刑为原则,减刑为例外”的严格规定,减刑需要同时满足“重大立功 剩余缓刑考验期限制”的双项条件。

In practice, for the suspended sentence such as prisoners, the principle of \"no commutation as the principle, commutation as the exception\" strict provisions, commutation needs to meet the \"major meritorious service two conditions for the remaining probation period limit.

熊益发减刑案的审理,发挥了司法的教育、评价、指引、示范功能,弘扬践行了社会主义核心价值观,助推形成向善向上的良好社会风气。同时,最大限度发挥了减刑、假释工作在社会治理体系和治理能力现代化建设中的积极作用,为构筑和完善党委领导、政府负责、民主协商、社会协同、公众参与、法治保障、科技支撑的社会治理体系切实提供法治保障。

The trial of Xiong Yifa's commutation case has brought into play the function of judicial education, evaluation, guidance and demonstration, carried forward the practice of socialist core values, and promoted the formation of a good social atmosphere of good to the good and upward. At the same time, the active role of commutation of sentence and parole in the modernization of the social governance system and governance capacity has been brought to the maximum, and the guarantee of the rule of law has been effectively provided for the construction and improvement of a social governance system supported by party committee leadership, government responsibility, democratic consultation, social coordination, public participation, the rule of law and science and technology.