Society
Lawyer seeks pardon for China's last hooligan
By Quan Li (chinadaily.com.cn)
Updated: 2011-01-07 17:12
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A lawyer in Beijing has submitted a proposal to the Standing Committee of the National People's Congress, requesting a special pardon for Niu Yuqiang, who was given death penalty decades ago for hooliganism and later commuted to jail terms, the Beijing Times reported on Friday.
Niu, a Beijing resident, was sentenced to death in 1984 with a two-year reprieve, on charges of hooliganism for stealing a hat, breaking windows and fighting. Two years later, his sentence was commuted to life imprisonment on good behavior and then again reduced to 18 years, which means he would be released in 2008.
But Niu wasn't released in 2008. His jail term had been extended to 2020 because he broke the time limit of his medical parole in 1990 when he got ill.
The problem was, back in 1997 the "hooliganism" crime which sent Niu behind bars was permanently abolished from the amended Criminal Law, making Niu not only the last "hooligan" in the country but also an awkard inmate jailed for a crime that no longer existed.
Zhou Ze, a lawyer from Beijing Wentian law firm, suggested in his proposal that criminals like Niu Yuqiang should be exonerated.
According to the report, most legal experts and criminal lawyers regard Zhou's suggestion as unrealistic.
Ruan Qilin, professor at the Law School of China University of Political Science and Law, held that convictions should only abide by existing laws at the time and be rigidly enforced. Another professor at the university suggested that criminals can appeal. "Amending laws is unfavorable to defending the authority of judicial decisions," he said.
