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If the same case is only the order in which they were arrested led to a separate trial, because the accomplice had already been sentenced before, and the facts of the case were reviewed more clearly, the sentencing would definitely affect the two people now, unless these two people have mitigating or mitigating circumstances that are different from the previous accomplices, such as voluntary surrender, meritorious service, and so on, it is possible to sentence less than the accomplice.
Legal analysis
Whether or not criminal suspects who are handled in a separate case will be prosecuted for criminal responsibility should be determined on the basis of the circumstances of the crime, and if the circumstances of the crime are relatively minor, criminal responsibility may not be pursued. Whether or not a co-defendant who is handled in a separate case will be given a light sentence depends on the specific circumstances of the case, and if there are no statutory circumstances for mitigating punishment, the sentence will not be light. "Separate case handling" refers to situations in which some criminal suspects who are suspected of committing a joint crime or have an implicated relationship in the case cannot or are not handled in the same case as other criminal suspects in the same case due to special provisions in the law or special circumstances or other reasons, but are separated from the case and handled separately.
"Separate case handling": refers to a situation where, in the course of handling a criminal case, some criminal suspects suspected of a joint crime or who are implicated in the case cannot or are not handled in the same case with other criminal suspects in the same case due to special provisions in the law or the existence of special circumstances in the case, but are separated from the case and handled separately or in conjunction with other cases. Therefore, the final result is that it will not be judged lightly or severely, and it will be judged how it should be judged.
Legal basis
Criminal Law of the People's Republic of China
Article 61: When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society.
Article 62: Where criminals have the circumstances provided for in this Law for heavier or lighter punishments, they shall be given a criminal punishment within the legally-prescribed limits.
Article 63: Where criminals have mitigating circumstances provided for in this Law, they shall be given a criminal punishment below the legally-prescribed penalty; Where this law provides for several sentencing ranges, a sentence shall be given within the next sentencing range of the legally-prescribed sentencing range. Although criminals do not have the mitigating circumstances provided for in this Law, they may also be sentenced to a punishment below the legally-prescribed penalty upon approval by the Supreme People's Court on the basis of the special circumstances of the case.
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If they are not all sentenced to the same punishment, they will be punished separately according to the crime they have committed.
Legal analysisPoor opening.
A co-offender is an act committed by two or more persons committing the same crime. In the course of prosecution in some major criminal cases, the prosecution often uses the testimony of co-defendants as evidence against other criminal defendants. Separate case handling refers to situations in which in the course of handling a criminal case, some criminal suspects suspected of a joint crime or who are implicated in the case are separated from the case or handled separately or in conjunction with other cases due to special provisions in the law or the existence of special circumstances in the case.
Co-offenders can be dealt with in a separate case. If the co-offender is at large or there are other special circumstances, then the court may try the principal offender first, and may handle the co-offender in a separate case in the follow-up procedures, and because the co-offender is at large, and the circumstances of the detainee's main crime are unclear and there is a lack of evidence, they may separately adopt methods such as reporting to the law for an extension of the period of detention, residential surveillance, release on guarantee pending further investigation, and so forth, depending on the circumstances, to continue the investigation and close the case as soon as possible. Therefore, it is necessary to deal with it on a case-by-case basis to ensure judicial fairness.
Where a co-defendant is at large, and the facts of the detainee's crime have been ascertained and there is credible and sufficient evidence, the prosecution of the indictment and the conviction and sentencing shall be in accordance with the procedures provided for in the Criminal Procedure Law. If, after the fugitive co-offender has been arrested and brought to justice, it is found that the convict who has been dealt with in accordance with the preceding paragraph has other crimes that have not been sentenced, the newly ascertained crime may be prosecuted and sentenced in accordance with the procedures prescribed by the Criminal Procedure Law.
Legal basisCriminal Law of the People's Republic of China
Article 25: Joint crimes refer to two or more persons committing a joint intentional crime. Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
Article 26: Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in joint crimes, are the principal offenders. A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group. The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.
For principal offenders other than those specified in paragraph 3, punishment shall be in accordance with all the crimes in which they participated or organized or directed.
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The accomplice has been sentenced for the crime, and what will be the result of the other two separate cases
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If the same case is only the order in which they were arrested, resulting in another case being tried in another case, because the accomplice had already been sentenced before, and the facts of the case were examined more clearly than Sou Youzhi, the sentencing would definitely affect the two people who have been sentenced to the present, unless the two people have mitigating and mitigating circumstances that are different from the previous accomplices, such as voluntary surrender, meritorious service, and so on, it is possible to sentence less than the accomplice.
To see whether other crimes are involved, those that have already been adjudicated may have a reference effect on those who have not been sentenced, but the specific circumstances of each case should be determined.
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