After the first-instance verdict of the Shanxi Datong engagement ** case was announced, the presiding judge of the case made a public reply to the facts and circumstances of the case of public concern by answering reporters' questions, similar to answering questions after the verdict. It is rare for the defendant to answer questions about such a criminal judgment that has not yet taken effect because the defendant has already made a clear appeal.
The presiding judge of the case explained the facts ascertained by the court in the facts of the case. Personally, I think that these can be expressed in the form of "ascertained by the court's trial", which is an objective fact that can be proved by evidence, that is, a legal fact, which is also an important fact related to the crime as determined by the court, but I personally believe that some facts are too subjective and do not cooperate with the evidence to prove it, so it is difficult not to make people question.
1. The victim is unwilling to have sex before marriage.
Details of the case published by the court (against the woman's will).
At noon on the 2nd of the month, the victim's side hosted a banquet for Xi XX in accordance with local customs. After the meal, Xi XX and the victim went to Xi XX's room on the 14th floor of a building in a community in Yanggao County, where Xi XX proposed to the victim to have sex, but the victim refused, and the victim said that he would wait until he got married. (Personally, I think this should be a verbal explanation to the woman, and it is unknown whether the man admits it).
2. The investigators questioned the victim, and the victim said that during his relationship with Xi XX, he had clearly expressed to Xi XX that he was opposed to premarital sex, and the victim's mother also confirmed this. (Before the incident, the two had been together for more than 4 months, and the woman's clear expression of opposition to premarital sex was still through social platforms or recordings, and the woman has now confirmed whether it was from her daughter's verbal communication or other channels).
2. Violence or other acts committed by the man at the time of the crime in such a way that the woman is unable to resist, does not know how to resist, or does not dare to resist.
Details of the case published by the court (violence was committed).
1. After the incident, the victim was agitated, carried out acts such as lighting fire to the bedroom cabinet and living room curtains, and also escaped from the room and went down to the 13th floor through the stairs to shout "help", and was then forcibly dragged back to the room by Xi XX. (This fact occurred after the incident, not before or at the time of the crime, and cannot necessarily be determined to be the stress reaction of the woman after being **.) ）
2. That night, the victim reported to the public security organs. After investigators examined the victim's body, the victim's left and right upper arms and right wrists were bruisedAn investigation of the scene revealed that the curtains in the bedroom had been pulled down and had fallen, and the curtains in the living room had been burned. Investigators also retrieved the surveillance video of the community, which showed that the victim escaped from the room and went down to the 13th floor through the stairs and was forcibly dragged back to the 14th floor of the crime scene by Xi Moumou. (The results of the woman's physical examination are more consistent with the man's forcible dragging behavior shown by the surveillance, but this proves that the man's violent behavior at the time of the crime is doubtful, and the court has not released it, and at the time of the crime, the man has threats or other evidence that makes the woman unable or afraid to resist).
3. After the incident, the woman called the police, and the abnormal behavior of the woman's relatives was puzzling (for "love" or "money").
Details of the case published by the court (negotiation does not affect conviction).
The court also ascertained at trial that after the incident, in order to facilitate the marriage of the defendant and the victim, the victim's relatives actively communicated with the defendant's relatives, hoping that the defendant and the victim would register their marriage with the Civil Affairs Bureau as soon as possible, and at the same time indicated that in order to reduce the economic pressure on the defendant's family, part of the bride price could be made up, but the negotiation between the two parties was unsuccessful. (What the court wants to express may be that the crime cannot be negotiated, and the woman called the police on the night of the crime, and the man was summoned and detained 4 days later).
4. Definition of sin
* Crime refers to the act of forcibly having sexual relations with a woman against her will, by violence, coercion or other means. This is also clearly stipulated in the Penal Code. The subjective element of the crime against the will of the woman, and the forcible sexual relations with a woman by violence, coercion or other means are the objective elements of the crime. Other means mainly refer to the ways and methods that achieve the purpose of making the woman unable to resist, dare not resist, or do not know how to resist. Such as violent beatings, verbal threats, drugs that cause coma or inability to help themselves, drunkenness, etc.
I don't know if some facts and evidence are not convenient for the outside world due to the special factors of the case, but I personally believe that the relevant details of the case disclosed by the court, combined with the crimes convicted, are indeed not completely convincing in terms of facts and application of law. The above are personal opinions, and criticism and correction are welcome if there is anything inappropriate.
Shanxi Datong engagement case