The Intermediate People's Court of Dongguan in Guangdong Province sparked an intense
nationwide debate recently, when it allowed a man to effectively
buy himself a lighter sentence.
The judge revised its initial death penalty verdict to one of
stay of execution, after the defendant, a man surnamed Wang, said
he was willing to pay the victim's family 50,000 yuan (US$6,500) in
compensation.
Wang and two accomplices killed a man during a robbery in
November 2005. The victim was the family's sole breadwinner,
supporting his 80-year-old mother and young daughter. With the
family facing a bleak financial future, the court sought
mediation.
After several rounds of negotiations a civil compensation
package was agreed. The plaintiff was satisfied with the result and
the accused confessed his crime and expressed his intent to change
his ways.
The court said the positive attitude of the accused plus his
payment of compensation had won him at least partial forgiveness
from the victim's family. It was on this basis that the judge
downgraded the sentence, in accordance with Chinese law.
"Normally in criminal cases, especially in those where people
are killed, family members don't get a penny of compensation. It's
a fact. In a more humane way, our court tried to help solve the
financial problems of victims' family and dissolve the enmity
between the offenders and the victims.
"We have strict principles in handling these cases. First, the
accused must admit guilt and offer economic compensation. Second,
the judge must solicit the opinions of the victims or their family
members. Only if they agree to accept the compensation and forgive
the accused to some extent can the mediation continue. Third, it
depends on the severity of the criminal behavior of the accused,"
said Liang Cong, president of the First Criminal Court of Dongguan
Intermediate People's Court.
Jiang Qinghan, a lawyer with the Shanghai Guangmao Law Firm
echoed Liang's opinion. "The court's practices conform to the
latest call from the Supreme People's Court to 'hand out fewer
death penalties and do so prudently'.
"The criminal admitted his guilt in the form of compensation;
the law could show some tolerance in return. The criminal tried to
make up for the family's loss with compensation, which could
alleviate the social instability or conflict.
"If a criminal is repentant and his behavior does not merit
execution, why is it necessary to take a life?"
However, there are still many different voices.
"The fate of criminals seems now to be determined by the depth
of their pockets. The seriousness of law has been destroyed, which
further misleads the public's understanding of justice," said Le
Lan, a teacher with the Southwest University for Nationalities.
Xu Shu, an employee with Shenzhen Huayi Plant Co, thought that
was an insult to the law.
"Can money now buy a life? What can't it buy? Anyone facing the
death penalty would cry for forgiveness and would be willing to pay
compensation to save his own life. So how can we ever know that
what the criminal says is true?"
(China Daily June 1, 2007)