May 31, 2010
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No.2 of Model Cases regarding Commutation, Release on Parole, and Temporary Service of Sentence Outside Prison Published by the Supreme People's Court: People v. Lu Long (a case of disapproving commutation)
No.2 of Model Cases regarding Commutation, Release on Parole, and Temporary Service of Sentence Outside Prison Published by the Supreme People's Court: People v. Lu Long (a case of disapproving commutation) 


-Legally disapproving commutation because the criminal was given a disciplinary warning due to his stealing of other persons' properties and it could not be determined that he actually showed repentance —罪犯狱中窃取他犯财物受警告处分,不能认定确有悔改表现,依法不予减刑

(1) Basic Facts (一)基本案情
Criminal Lu Long, male and Chinese Han, was jobless. It was determined in the original judgment that in February 2007, with tools for criminal purposes and in collusion with other persons, Lu Long committed two robberies, in the process of which the victim surnamed Cui died and over 540 yuan in cash and a Nokia mobile phone worth 120 yuan were robbed. In the joint crime, Lu Long was the principal offender; and he was once put under detention for three months for the crime of theft. On November 14, 2009, the Intermediate People's Court of Zhengzhou City sentenced Lu Long to death penalty with a two-year suspension of execution, deprival of political rights for life, and confiscation of all his personal property for the crime of robbery; and he should compensate plaintiff of collateral civil action 20,000 yuan for economic losses (in which 3,000 yuan has been paid). After the judgment came into force, Lu Long was delivered to the execution organ for execution of his sentence. On November 23, 2012, the Higher People's Court of Henan Province rendered a ruling to legally commute Lu Long's penalty to life imprisonment with deprival of political rights for life. The penalty execution organ, No. 1 Prison of Henan Province, once again requested that a commutation should be granted to Lu Long on the ground that he actually showed repentance since last commutation. On March 2, 2015, the Higher People's Court of Henan Province placed the case on file, publicized the written proposal for commutation and other relevant materials, and publicly tried the case on March 19. 罪犯鲁龙。原判认定其于 2007年2月伙同他人携带凶器实施抢劫两起,并在抢劫过程中致使被害人崔某死亡,共抢劫现金540余元及价值120元的诺基亚手机一部。在共同犯罪中,鲁龙系主犯;曾因犯盗窃罪被判处拘役三个月。2009年11月14日郑州市中级人民法院以抢劫罪,判处鲁龙死刑,缓期二年执行,剥夺政治权利终身,并处没收个人全部财产;赔偿附带民事诉讼原告人经济损失人民币20000元(已赔付3000元)。判决生效后交付执行。2012年11月23日河南省高级人民法院裁定将鲁龙的刑罚依法减为无期徒刑,剥夺政治权利终身。刑罚执行机关河南省第一监狱以鲁龙自上次减刑以来确有悔改表现为由,再次提请对其减刑。河南高院于2015年3月2日立案后,依法将减刑建议书等材料向社会公示,并于3月19日公开开庭审理了本案。
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