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The principle of concurrent conviction leads to lengthy sentences.
According to reports, Madoff, the former chairman of the NASDAQ, has created a "black hole" of more than $60 billion in investment, and the damage caused by this has been called a "nightmare that will never wake up." However, while condemning him, people are also questioning whether a 150-year prison sentence is necessary.
Li Chunlei, an associate professor at the Chinese People's Public Security University, told reporters that in fact, this is the difference between Chinese and Western criminal justice systems. Many Western countries believe that the right to life is higher than the right to property, so the death penalty was abolished many years ago. For all criminal offences, the principle of concurrent punishment is adopted, i.e. the sentences imposed on several crimes committed by one person are absolutely added together and executed together.
For example, Madoff was sentenced to 150 years for 11 counts, and the sentence was simply added up for each count. Li Chunlei said that this point is completely different from the provisions of China's criminal law. China's criminal law includes fixed-term imprisonment, life imprisonment and the death penalty, and the death penalty can be directly imposed for particularly serious crimes, including economic crimes.
According to this principle, if the principal sentences announced in the judgment are all fixed-term imprisonment, they shall be below the total sentence, and the maximum sentence for several crimes shall be above the maximum sentence for several crimes, and the sentence to be enforced shall be determined at discretion, but the maximum sentence shall not exceed 20 years.
Xie Wangyuan, a professor of criminal law at the Chinese People's University, told reporters that no matter how serious the consequences of economic crimes are, they cannot be sentenced to death in the United States. In punishing economic crimes, the penalties in the United States are not as severe as those in China.
On April 21 this year, Yang Yanming, the former general manager of the Yinhe Beijing Wangjing West Park Business Department, was sentenced to death by the Beijing Higher People's Court in the second trial, and the Yang case is also known as the first death penalty case.
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This meaning is equivalent to a life sentence, but there is no concept of life imprisonment in the American penal system, only a fixed-term imprisonment, but there is no maximum limit for their fixed-term imprisonment, so they are sentenced to 150 years.
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That's how the national law of the people is determined, there is no maximum period, and the maximum in China is 20 years.
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It had to do with his country's legal system.
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The legal system is different in every state in the United States. Some states have abolished the death penalty, while others have not allowed Kai to starve. Madoff was tried in the U.S. District Court in Manhattan, New York, where New York law currently maintains executions and sentences.
Moreover, according to the spirit of American law, the death penalty generally does not apply to economic crimes. Therefore, Madoff could only be sentenced to 150 years in prison for several crimes.
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This must involve the insider, and some people refuse to let Wu Ying go. Wu Ying is really wronged. Usury is also a kind of investment, investment is risky, and usury investment is high-risk, the risk should be borne by the investor himself, the law does not stipulate that usury must be profitable, just like a loss, who will be responsible for you to compensate for losses.
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Madoff, the former chairman of the NASDAQ, is the largest fraud maker in U.S. history, and his "Ponzi **" fraud amounted to more than $60 billion. On June 29, 2009, Madoff was sentenced to 150 years in prison in New York for fraud.
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Madoff's "black hole" is actually the use of the traditional "Ponzi **" method to deceive. "Ponzi **" is one of the templates of pyramid schemes, which is a kind of illegal fundraising. "Ponzi**" gets its name from Charles Ponzi, who began to engage in investment fraud in 1920, constantly absorbing new investors and paying them to previous investors.
The early investors claimed that he was an investment genius after a huge return on investment, and more new investors came in with cash. At the same time, Pounds swept away the money of these new investors and fled without a trace. About 40,000 people were involved** and defrauded of $15 million.
Pounds ended up in prison.
To put it bluntly, this "Ponzi **" is "borrowing money to repay money", and the whole fraud process does not generate substantial profits, and the return of investors is completely the money brought by the new funds of the latecomers and their own expansion and reinvestment. When investor D invests his money, his money is repaid to investors A, B, and C as "profits", and when investors X, Y, and Z are cheated in, their money can be used to repay investors A to W.
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Imprisonment; Sentence.
Example sentences: 1bernie madoff received a 150-year jail sentence for defrauding clients of$ 65 billion in hisponzi scheme.
Bernie Madoff was sentenced to 150 years in prison for defrauding customers of $65 billion through Ponzi**.
a short jail sentence would bar mr anwar, who is 62, from political office for fiveyears.
And even if the sentence is shorter, for Anwa, who is already 62 years old, it means that he will not be able to get a chance for 5 years.