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No.3 of Model Cases regarding Commutation, Release on Parole, and Temporary Service of Sentence Outside Prison Published by the Supreme People's Court: People v. Guan Qinzhi (a case of disapproving release on parole)
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最高人民法院发布严格规范减刑、假释、暂予监外执行典型案例之三：罪犯管钦志不予假释案
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No.3 of Model Cases regarding Commutation, Release on Parole, and Temporary Service of Sentence Outside Prison Published by the Supreme People's Court: People v. Guan Qinzhi (a case of disapproving release on parole)
(a case of disapproving release on parole)
最高人民法院发布严格规范减刑、假释、暂予监外执行典型案例之三：罪犯管钦志不予假释案
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| No.3 of Model Cases regarding Commutation, Release on Parole, and Temporary Service of Sentence Outside Prison Published by the Supreme People's Court: People v. Guan Qinzhi (a case of disapproving release on parole) | | 最高人民法院发布严格规范减刑、假释、暂予监外执行典型案例之三：罪犯管钦志不予假释案 |
| -Legally disapproving release on parole for a criminal committing an intentional injury with execrable criminal circumstances and refusing to execute the property-related penalty while he was capable of executing it | | —对犯罪情节恶劣，有执行能力而不执行财产刑的故意伤害罪犯，依法不予假释 |
| (1) Basic Facts | | （一）基本案情 |
Criminal Guan Qinzhi, male, was jobless. It was determined in the original judgment that before the case was exposed, jointly with Long and other accomplices, he frequently fought and brawled in Huangping County, Guizhou Province, intentionally injured other persons, opened gambling houses in several places, conducted gathered gambling, and committed usury. As a member of the criminal gang with “vicious power,” he has greatly disturbed the local social and living order with adverse impacts. In the process of illegal detention of the victim surnamed Bai, Guan Qinzhi repeatedly beat up Bai jointly with Long, causing Bai's death due to craniocerebral injury. In the joint crime, Guan Qinzhi was an accessory offender. On October 9, 2011, the People's Court of Huangping County, Guizhou City sentenced Guan Qinzhi to imprisonment of six years and imposed a fine of 10,000 yuan on him for the crime of intentional injury and the crime of gambling. After the judgment came into force, Guan Qinzhi was delivered to the execution organ for execution of his sentence. On January 15, 2015, the execution organ, Tongren Prison of Guizhou Province, requested approval of release on parole for Guan Qinzhi on the ground that Guan Qinzhi actually showed repentance while serving his sentence. After placing the case on file, the Intermediate People's Court of Tongren City, Guizhou Province publicized basic information of Guan Qinzhi on the Internet and legally interrogated him.
．．．．．． | | 罪犯管钦志。原判认定其与同案犯龙某等人案发前经常在贵州省黄平县境内打架斗殴、故意伤害他人，并在多地开设赌场，聚众赌博，发放高利贷等，系“恶势力”犯罪团伙成员，严重扰乱当地社会生活秩序，影响恶劣。管钦志伙同龙某在非法拘禁被害人白某过程中，多次殴打被害人，致其颅脑损伤死亡，在共同犯罪中管钦志系从犯。2011年10月9日贵州市黄平县人民法院以故意伤害罪、赌博罪判处管钦志有期徒刑六年，并处罚金人民币10000元。判决生效后交付执行。2015年1月15日，执行机关贵州省铜仁监狱以管钦志在服刑期间确有悔改表现为由，提请对其假释。贵州省铜仁市中级人民法院立案后，将管钦志的基本情况通过互联网予以公示，并依法提讯了该犯。
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