Recently, the movie "Wading Through the Angry Sea" is being screened.
In the film, Lao Jin (played by Huang Bo) makes a living from fishing for his daughter Nana (played by Zhou Yiyi) to study in Japan, but unexpectedly gets the news of the death of his daughter who was stabbed 17 mysteriously, and the biggest suspect points to her boyfriend Li Miaomiao (played by Zhang Youhao). The angry Lao Jin embarked on the road of seeking revenge across the sea, and Li Miaomiao continued to abscond under the protection of her mother Jing Lan (played by Zhou Xun) ......
What is the truth about Nana's death?
Can Lao Jin catch it?
This issue of [Chasing Drama and Popularizing Law].
Let's take a look.
Legal points in Wading through the Sea of Wrath!
Lao Jin's daughter Nana died of blood loss after being stabbed 17 times while studying in Japan, and her boyfriend Li Miaomiao, who was closest to Nana, was also the biggest suspect in Nana's murder. Lao Jin, who lost his daughter, ignored everyone's persuasion, insisted on returning to China to find Li Miaomiao in person and avenge his daughter.
How to hold accountable for accidents in Japan?
According to the principle of territorial jurisdiction, if an accident occurs in Japan for a Chinese citizen, the place where the act occurred and the place where the result occurred are both in Japan, and Japan should be responsible for handling it. However, if a Chinese citizen is violated abroad and a criminal case is involved, and the offender comes to the territory of China, under certain conditions, the judicial organs of our country have jurisdiction.
Specifically, there are two situations: one is where a foreigner violates a citizen of our country outside the territory of the People's Republic of China, and in accordance with the provisions of Article 8 of the Criminal Law, where a foreigner commits a crime against the State or a citizen of the People's Republic of China outside the territory of the People's Republic of China, and the minimum sentence provided for in this Law is fixed-term imprisonment of three years or more, this Law may be applied, except where he is not punished in accordance with the law of the place where the crime was committed.
On the other hand, if a citizen of the People's Republic of China commits a crime against a citizen of the People's Republic of China abroad, in accordance with the provisions of Article 7 of the Criminal Law, if a citizen of the People's Republic of China commits a crime provided for in this Law outside the territory of the People's Republic of China, this Law shall apply, but the maximum penalty provided for in this Law is fixed-term imprisonment of not more than three years, it may not be prosecuted.
If a crime is committed abroad and should be held criminally responsible in accordance with China's Criminal Law, according to the provisions of Article 10 of the Criminal Law, although it may still be pursued in accordance with China's Criminal Law after a trial in a foreign country, those who have already received criminal punishment in a foreign country may be exempted or commuted.
After Lao Jin returned to China, he directly found Li Miaomiao's father's house, smashed open the door, and rushed in with a knife, but Li Miaomiao was not at home at that time. Although the angry Lao Jin failed to find Li Miaomiao, he still threatened Li Miaomiao's father with a knife and threatened to make Li Miaomiao pay.
What are the legal consequences of breaking into private houses and holding knives?
Lao Jin forcibly broke into Li Miaomiao's house with a knife in order to take revenge, because Li Miaomiao was not at home, Lao Jin did not create a **member**, which does not constitute the crime of intentional injury, but needs to bear corresponding legal responsibility for the illegal invasion of the residence.
According to the provisions of Article 40 of the Public Security Administration Punishment Law, anyone who illegally trespasses into another person's residence shall be detained for not less than 10 days but not more than 15 days and shall also be fined not less than 500 yuan but not more than 1,000 yuan;where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB.
If the circumstances are serious, it may constitute the crime of trespassing into another person's home. On the basis of article 245 of the Criminal Law, a sentence of up to three years imprisonment or short-term detention is to be given.
When Lao Jin traced it, he found that Li Miaomiao had hurt others when she was a child. He once played with his sister on a trampoline when he caused her sister to fall from a height and was seriously injured and disabled. When he grew up, the toys he gave to his sister still contained harmful substances, which caused her sister to be injured and hospitalized again. After going to Japan, Li Miaomiao was dissatisfied with her companion, and her companion caused injuries.
What legal responsibility does Li Miaomiao have to bear?
Li Miaomiao's act of harming her sister is an illegal and criminal act that violates citizens' personal rights, and she is not exempt from liability because the victim is her relative. However, Li Miaomiao's conduct of causing injury to her sister should be distinguished from whether she was subjectively intentional or negligent, which may constitute the crime of intentional injury and the crime of causing serious injury by negligence, respectively. If Li Miaomiao was already 16 years old at the time of the above acts, she should be held criminally responsible.
When she was in Japan, Li Miaomiao was not legally qualified to hold a firearm, and this illegal possession of a firearm may constitute the crime of illegal possession of a firearm according to the laws of our country. At the same time, Li Miaomiao**'s companion's behavior of causing injury to others subjectively has the intention of harming others, and if it causes the companion to reach the severity of minor injuries or above, it constitutes the crime of intentional injury in accordance with the laws of our country. However, the act in the movie took place in Japan, and it still needs to be dealt with in accordance with Japanese law.
In the face of angry Lao Jin, Li Miaomiao's mother Jing Lan tried every means to try to send Li Miaomiao abroad, but on the way to the airport, Lao Jin happened to meet Li Miaomiao. Subsequently, Lao Jin took Li Miaomiao to the beach, locked Li Miaomiao under the lighthouse by the sea, and imprisoned her.
What is the responsibility for illegally detaining others?
Lao Jin imprisoned Li Miaomiao under a lighthouse by the sea and deprived Li Miaomiao of his personal freedom, which was illegal in natureIn terms of plot, after Lao Jin imprisoned Li Miaomiao, he went to Japan and returned to China 3 days later, before Li Miaomiao was released from the ban and informed ** that due to the long duration, the crime of illegal detention has been constituted. According to the provisions of Criminal Law article 238: Whoever illegally detains another person or unlawfully deprives another person of his or her personal liberty by other means is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.
Thanks to Zang Desheng, a member of the lawyer expert database of "Rule of Law**" and lawyer of Beijing Jingjing Law Firm, for his professional support for this article!
Text: Zou Xingyu.
*:Rule of law**.