Top news reporter Wang Jingjing and trainee reporter Li Jiazi.
Recently, the Haibei Intermediate People's Court of Qinghai Province publicly pronounced a verdict in a case of infringement against minors, and six appellants and defendants in the original trial were sentenced to fixed-term imprisonment ranging from 4 years and 10 months to 11 years and 8 months. The top news reporter noticed that it was ascertained through the court trialFrom July to August 2022, Li Moumou and other 6 people raped a young girl under the age of 14 alone or jointly in order to vent their private desires
On January 9, the top news reporter learned from the Haibei Women's Federation that the victim girl had resumed classes. In addition, the top news reporter also verified that one of the defendants was a vocational high school student from Menyuan County Vocational and Technical School. Beijing Zhongwen (Changsha) Law FirmLawyer Liu Kai said in an interview with a top news reporter that ** is an aggravating circumstance of ** crime, and judging from the information disclosed by the court so far, the behavior of Li Moumou and other 6 people belongs to ** behavior, constituting "** This statutory aggravating circumstance."
Recently, the Haibei Intermediate People's Court of Qinghai Province publicly pronounced a verdict on one case of infringement against minors **Haibei Intermediate People's Court
Case: 6 people committed adultery with an underage girl for selfish desire
According to the court, between July and August 2022, Li Moumou and other 6 people raped a girl under the age of 14 alone or jointly in order to vent their private desires.
The Haibei Intermediate People's Court held thatLi Moumou and other 6 people have constituted the crime of **, and said that committing adultery against the victim at the same time and in the same place belongs to two or more people, and the motive for the crime is despicable, the circumstances are serious, and it has caused a vile social impact。In the end, the Haibei Intermediate People's Court made a judgment in accordance with law based on the facts of the appellant's and defendants' crimes, age, voluntary surrender, compensation, plea of guilt and acceptance of punishment, and other statutory discretionary circumstances, as well as the degree of harm to societySix were sentenced to prison terms ranging from 4 years and 10 months to 11 years and 8 months
As soon as the above verdict was released, it caused an uproar, and netizens questioned the verdict resultWhile saying that the plot is bad, the maximum is only 11 years and 8 months, and I don't see that this 'seriousness' is reflected in **", a netizen left a message.
In response to netizens' doubts about the verdict, on January 9, a top news reporter contacted the Qinghai Haibei Intermediate People's Court, and a staff member said that he was not aware of the case, "We do not participate in the trial of the case, and we have never read the file or anything." It was useless to ask us and we didn't know (specifics). But the officer revealedThey are actively responding to these public opinions, "There will definitely be a follow-up explanation on this matter.", but it is not clear where it was posted. ”
The top news reporter learned from the Haibei Women's FederationThe girl has returned to school, the staff revealed,They have been following the situation of the girls, who are doing well at the moment
In addition, the top news reporter also verified,One of the defendants is from Menyuan County Vocational and Technical School。The relevant personnel of the school told the top news reporter,The boy, who is supposed to be in his third year of high school this year, has dropped out of school and has been cooperating with the investigation since the accident
Lawyer:** is an aggravating circumstance of ** crime
In response to the verdict of the case and the doubts raised by netizens about the verdict, Liu Kai, a lawyer from Beijing Zhongwen (Changsha) Law Firm, told the top news reporter that ** is an aggravating circumstance of the ** crime, and judging from the information disclosed by the court so far, the behavior of Li Moumou and other 6 people belongs to ** behavior, constituting "** This statutory aggravating circumstance."
Top News: How are minors sentenced?
Liu Kai:According to the provisions of the Criminal Law of the People's Republic of China, whoever uses violence, coercion or other means to ** a woman shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever commits adultery with a girl under the age of 14 is to be given a heavier punishment on the basis of **.
Top News: This case is suspected of **, what is the punishment for the crime?If the defendant in the case has both ** and **, what punishment should be received in sentencing?
Liu Kai:** is an aggravating circumstance of ** crime, and China's criminal law is relatively severe in cracking down on ** behavior. ** The sentencing range shall be upgraded from fixed-term imprisonment of not less than 3 years but not more than 10 years to the criminal punishment of fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty provided for in the preceding paragraph.
Top News: Some netizens mentioned that "according to the provisions of the Criminal Law, only those who commit 5 aggravating statutory circumstances can be sentenced to more than 10 years in prison, life imprisonment or the death penalty." For example, if the circumstances are heinous, rape multiple people, and two or more people are in a public place, causing serious injury or death to the victim, or causing other serious consequences", according to the information disclosed so far in the case, do you think it meets the aggravating statutory circumstances?
Liu Kai:Judging from the information disclosed by the court so far, Li Moumou and other 6 people alone or jointly raped a girl under the age of 14 in order to vent their private desires, constituting the crime of **, and committing adultery against the victim at the same time and in the same place is a ** act, which constitutes the statutory aggravating circumstance of "**".
Top News: For the sentence of this sentence, many netizens questioned that it was too light, what is your opinion?
Liu Kai:According to the provisions of the "Supreme People's Court and Supreme People's Procuratorate Sentencing Guiding Opinions on Common Crimes (Provisional)", in any of the following circumstances, the starting sentence is to be determined within the range of 10 to 13 years imprisonment: ** Where the circumstances of a woman or adultery with an underage girl are heinous;** Woman and adulterer of three young girls;Committing adultery with an underage girl in public in publicTwo or more ** women;Committing adultery with an underage girl under the age of 10 or causing harm to an underage girl;**Causing serious injury to the victim or other serious consequences.
If the defendant in the case does not have the legally-prescribed mitigating circumstances, or if there are special circumstances in the case, and without the approval of the Supreme People's Court, a sentence cannot be given within the next sentencing range of the legally-prescribed sentencing range.
In this case, it is impossible to analyze it because we have not seen the relevant case materials. However, judging from the information disclosed, the court made the above-mentioned judgment in accordance with the law in light of the facts of the appellants' and defendants' crimes, age, voluntary surrender, compensation, admission of guilt and acceptance of punishment, and other statutory discretionary circumstances, as well as the degree of harm to society.