Gu Kailai , the lawyer wife of disgraced Chongqing party chief Bo Xilai who is now the prime suspect in the Neil Heywood murder case, could face the death penalty if she is charged and found guilty.
Bo himself could also face criminal charges if he interfered with Gu’s case or acted corruptly.
An official announcement on Tuesday night said only that Bo was being investigated by the Communist Party’s own disciplinary inspectors for “severely breaching discipline”, while Gu and a member of the family’s staff, Zhang Xiaojun, have been arrested as part of the probe into Heywood’s suspected murder last November in Chongqing .
Murder is punishable by death on the mainland, and Gu faces severe punishment if she is found to have ordered Heywood’s killing, criminal experts said.
According to Xinhua’s report on Thursday night, Gu and her son Bo Guagua at first enjoyed good relations with the British businessman but these soured as commercial conflicts arose.
Officials blamed Heywood’s death on alcohol. But his body was cremated before an autopsy could be performed. Britain later requested an inquiry into his death.
A suspended sentence might be handed down if there are mitigating circumstances. If so, a condemned criminal’s execution is delayed for two years. If the prisoner behaves well, then the death sentence is commuted to a life sentence.
According to veteran criminal lawyer Li Xiaolin , the circumstances leading to a suspended sentence can include a prisoner surrendering to police or providing important leads in the case that result in the arrests of other suspects who commit crimes that carry a life sentence.
Lawyer Yang Zhaodong warned mitigating circumstances were no guarantee of receiving a more lenient sentence. Other factors, such the seriousness of the case and its impact on society, would also be considered.
As for Bo, it remains unclear what exactly he is being investigated for, as Tuesday’s announcement suggested that his case was at an early stage.
Bo was still referred to as “comrade” throughout the Xinhua statement, which said he had merely been “stopped” from being a member of the Central Committee and the Politburo. He has not yet been dismissed or sacked, observers noticed.
However, if Bo is found to have interfered in the investigations of Gu’s case, he could face charges of covering up the crimes of another person, which carries a maximum sentence of 10 years. It has been widely rumoured that former Chongqing police chief Wang Lijun confronted Bo over the case, which led to his demotion and subsequent visit to the US consulate in Chengdu .
The Xinhua report yesterday confirmed that Wang’s actions had triggered the authorities to revisit Heywood’s death and the possibility he had been murdered.
Meanwhile, if Bo is found guilty of corruption, he could face a long prison sentence or even death, depending on the severity of the case.
But Hong Kong-based Chinese law professor Ong Yew-kim said it was highly unlikely he would be executed because of a recent trend of not using the death sentence in purely economic crimes.
Former Beijing party chief Chen Xitong was sentenced to 16 years for corruption and dereliction of duty in 1998. Former Shanghai party chief Chen Liangyu was sentenced to 18 years in 2008 for taking bribes and abusing power.
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Murder case that could end in the death penalty
Fate may await Bo’s wife if charged and convicted
Ng Tze-wei
12 April 2012
Gu Kailai , the lawyer wife of disgraced Chongqing party chief Bo Xilai who is now the prime suspect in the Neil Heywood murder case, could face the death penalty if she is charged and found guilty.
Bo himself could also face criminal charges if he interfered with Gu’s case or acted corruptly.
An official announcement on Tuesday night said only that Bo was being investigated by the Communist Party’s own disciplinary inspectors for “severely breaching discipline”, while Gu and a member of the family’s staff, Zhang Xiaojun, have been arrested as part of the probe into Heywood’s suspected murder last November in Chongqing .
Murder is punishable by death on the mainland, and Gu faces severe punishment if she is found to have ordered Heywood’s killing, criminal experts said.
According to Xinhua’s report on Thursday night, Gu and her son Bo Guagua at first enjoyed good relations with the British businessman but these soured as commercial conflicts arose.
Officials blamed Heywood’s death on alcohol. But his body was cremated before an autopsy could be performed. Britain later requested an inquiry into his death.
A suspended sentence might be handed down if there are mitigating circumstances. If so, a condemned criminal’s execution is delayed for two years. If the prisoner behaves well, then the death sentence is commuted to a life sentence.
According to veteran criminal lawyer Li Xiaolin , the circumstances leading to a suspended sentence can include a prisoner surrendering to police or providing important leads in the case that result in the arrests of other suspects who commit crimes that carry a life sentence.
Lawyer Yang Zhaodong warned mitigating circumstances were no guarantee of receiving a more lenient sentence. Other factors, such the seriousness of the case and its impact on society, would also be considered.
As for Bo, it remains unclear what exactly he is being investigated for, as Tuesday’s announcement suggested that his case was at an early stage.
Bo was still referred to as “comrade” throughout the Xinhua statement, which said he had merely been “stopped” from being a member of the Central Committee and the Politburo. He has not yet been dismissed or sacked, observers noticed.
However, if Bo is found to have interfered in the investigations of Gu’s case, he could face charges of covering up the crimes of another person, which carries a maximum sentence of 10 years. It has been widely rumoured that former Chongqing police chief Wang Lijun confronted Bo over the case, which led to his demotion and subsequent visit to the US consulate in Chengdu .
The Xinhua report yesterday confirmed that Wang’s actions had triggered the authorities to revisit Heywood’s death and the possibility he had been murdered.
Meanwhile, if Bo is found guilty of corruption, he could face a long prison sentence or even death, depending on the severity of the case.
But Hong Kong-based Chinese law professor Ong Yew-kim said it was highly unlikely he would be executed because of a recent trend of not using the death sentence in purely economic crimes.
Former Beijing party chief Chen Xitong was sentenced to 16 years for corruption and dereliction of duty in 1998. Former Shanghai party chief Chen Liangyu was sentenced to 18 years in 2008 for taking bribes and abusing power.
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