特朗普封口费案宣判:34项重罪判无条件释放、不监禁不罚款

2025年1月10日,纽约州最高法院纽约县刑事庭在位于纽约市曼哈顿(纽约县)中央街100号的法院对当选总统特朗普作出宣判:就其34项一级伪造商业记录重罪,判处无条件释放(unconditional discharge)——不监禁、不罚款、不附缓刑监管,定罪记录保留。
主审法官 Juan Merchan 在宣判时说,法院经审慎分析认定,在不侵越国家最高职位的前提下、唯一能使定罪判决得以登记的合法刑罚就是无条件释放,并据此对全部34项罪名一并量刑。他最后对特朗普说:「先生,祝你顺遂就任第二个任期。」
本案案号为71543-2023。2024年5月,陪审团一致裁定特朗普34项一级伪造商业记录罪名成立,认定他伪造了34笔商业记录条目、意图欺诈,其中包括意图实施或隐瞒以非法手段助其本人当选的共谋。每项罪名法定刑幅为一年零四个月至四年州监狱刑。
检方由曼哈顿地区检察官 Alvin Bragg 办公室出庭,助理地区检察官 Joshua Steinglass 当庭建议判处无条件释放,理由是本案的特殊状态与被告的当选总统身份:既要让定罪判决就此确定、固定其被定罪重罪犯的法律状态、任其继续上诉,也要使公众享有一届不受待决诉讼牵绊的总统任期。特朗普经法官许可自佛罗里达州以视频方式出庭,其律师 Todd Blanche 随同连线、Emil Bove 在法庭现场出庭;辩方当庭表示将就定罪提出上诉。
宣判距1月20日就职典礼仅10天。联邦最高法院于1月9日晚以5比4拒绝了特朗普暂缓宣判的紧急申请,宣判因此如期举行。特朗普由此成为美国历史上首位带着重罪定罪记录就任的总统。
(来源:纽约州最高法院纽约县刑事庭)
Trump Sentenced in Hush Money Case: Unconditional Discharge on 34 Felony Counts, No Jail or Fine
On January 10, 2025, the Criminal Term of the Supreme Court of the State of New York, County of New York, sitting at 100 Centre Street in Manhattan (New York County), New York City, sentenced President-elect Donald Trump to an unconditional discharge on his 34 felony counts of falsifying business records in the first degree — no imprisonment, no fine and no probation supervision, with the convictions standing.
Justice Juan Merchan said in imposing sentence that, after careful analysis and obedience to governing mandates, the Court had determined that the only lawful sentence that permits entry of a judgment of conviction without encroaching upon the highest office in the land is an unconditional discharge, and he imposed that sentence to cover all 34 counts. He closed by telling Trump: "Sir, I wish you Godspeed as you assume your second term in office."
The case is Indictment No. 71543-2023. In May 2024 a jury unanimously found Trump guilty of 34 counts of falsifying business records in the first degree, finding that he falsified 34 separate entries in his business records with intent to defraud, which included an intent to commit or conceal a conspiracy to promote his own election by unlawful means. Each count carried an authorized range of one and one-third to four years in state prison.
The prosecution was conducted by the office of Manhattan District Attorney Alvin Bragg. Assistant District Attorney Joshua Steinglass recommended a sentence of unconditional discharge, citing the unique posture of the case and the defendant's status as President-elect: sentencing would enter judgment and cement the defendant's status as a convicted felon while he pursued his appeals, and the American public has the right to a presidency unencumbered by pending court proceedings. Trump appeared virtually from Florida by leave of the Court; his attorney Todd Blanche appeared virtually with him and Emil Bove appeared in person. The defense stated in court that it intended to appeal the verdict.
The sentencing came ten days before the January 20 inauguration. On the evening of January 9, the U.S. Supreme Court, by a 5-4 vote, declined Trump's emergency request to halt the proceeding, and the sentencing went forward as scheduled. Trump thus became the first person in American history to assume the presidency with a felony conviction on his record.
(Source: Supreme Court of the State of New York, County of New York)
来源:纽约州最高法院纽约县刑事庭
发布:GSM·美国(发布链接)
图片来源:图:位于纽约市曼哈顿中央街100号的纽约县刑事法院大楼,本案宣判即在此举行。(Beyond My Ken 摄,CC BY-SA 4.0,经 Wikimedia Commons) / Photo: The New York County Criminal Courts Building at 100 Centre Street in Manhattan, New York City, where the sentencing took place. (Photo by Beyond My Ken, CC BY-SA 4.0, via Wikimedia Commons)
GSM Global · 本篇英文版 English edition of this story

