Sham other full name sits jail
From;    Author:Stand originally
Legal flaw waits for perfect   recently, court of people of postal kiosk of court of large sufficient county is in Chongqing city when hearing divorce case one case, attentive judge accident discovers the virtue of call together of the accused plum of divorce case, money of call together of plum of go under sb else's name is in always plain prison serve a sentence. Because tricky Li Shaode peddles poison to be trafficced in order to make by old full court drugs crime sentences two years, daydreaming in the Li Shaode of serve a sentence also did not think of sham other full name is imprisoned was discovered so. Discover sham other full name is imprisoned, court how error correction? Active law lacks specific provision. Because be being worked outerly by sham person, know a full name far from by sham, mention impossibly appeal. The procuratorate does not understand a situation, impossible counterappeal. Only the court passes a dean to discover, refer adjudgement committee discussion enters criminal review process, give correct. But, " criminal procedural law " this one chapter did not provide adjudgement monitor however guilty suspect is sham the reason that other full name is discovered to be to enter rehear, after entering rehear, ought to how doesn't change the original sentence also have a regulation? Court of large sufficient county thinks, be in " criminal procedural law " when lack sets clearly, can think guilty suspect is sham other full name is discovered to belong to become effective to adjudicate " is maintained have wrong " truly in fact, because guilty principal part is wrong, involve crime to form important document to have by accident, pass discovery of this academy dean, refer adjudgement committee to discuss a decision to enter rehear. After forensic review, cancel original judgement, the real full name of the guilty suspect that according to finds out is direct change the original sentence. " criminal procedural law " the 128th the 2nd section provision: "Guilty suspect does not say real full name, address, the identity is unidentified, investigation detain deadline makes a thorough investigation of oneself the computation since the day of its identity, but do not get those who stop pair of its criminality to investigate obtain evidence. Clear to guilty fact, evidence really, sufficient, the full name that also can sign up for oneself by its moves send people procuratorate to examine sue. "Next, people procuratorate presses the full name to sue that its sign up for oneself, people court presses his to be sentenced from the full name of the newspaper, this crime suspect discovers in carry out its are true after the full name, how ought to do? " criminal procedural law " adjudgement monitor does not have a regulation how to be handled to this, have to say this is a legislative flaw, perfect urgently.