Hualian Law Firm Lawyer Wang Peng The issues behind Yu Huaying s case

Mondo Social Updated on 2024-02-01

On November 28, 2023, the second-instance trial of the "human trafficker" Yu Huaying, who abducted and trafficked 11 children and was sentenced to death in the first instance, was tried in the Guizhou Provincial High People's Court**.

On September 18 of this year,The verdict of the case was pronounced in the Guiyang Intermediate People's Court in the first instance. Defendant Yu Huaying was sentenced to death in the first instance for the crime of abducting and trafficking children, deprivation of political rights for life, and confiscation of all personal property. After trial, it was ascertained that between 1993 and 1996, Yu Huaying, together with Gong Mouliang (deceased), roamed around Guizhou Province, Chongqing Municipality, and other places in order to obtain illegal benefits, and took the abducted children to Handan City, Hebei Province, to find a buyer to buy and sell, so as to make a profit, and a total of 11 children were abducted and trafficked during this period.

The Guiyang Intermediate People's Court held thatDefendant Yu Huaying repeatedly abducted and trafficked children in order to obtain illegal benefits, and her conduct constituted the crime of child trafficking, the circumstances of the crime were particularly serious, and the harm to society was extremely great, and should be severely punished. The death sentence was handed down.

After the first-instance verdict, Yu Huaying appealed in court, arguing that the sentence was too severe. The victim, Yang Niuhua, was not satisfied with the civil compensation of 30,000 yuan awarded in the first instance, and therefore filed a civil appeal attached to the criminal case.

According to article 240 of the Criminal Law, whoever abducts or traffics in women or children shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; In any of the following circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; where the circumstances are especially serious, the sentence is death and confiscation of property:(1) Ringleaders of groups that abduct and sell women or children; (2) Abducting or trafficking three or more women or children; (3) Committing adultery with a trafficked woman; (4) Enticing or coercing trafficked women**, or selling trafficked women to others to compel them**; (5) Using violence, coercion, or narcotic methods to kidnap women or children for the purpose of selling; (6) Stealing infants and young children for the purpose of selling; (7) Causing serious injury, death, or other serious consequences to trafficked women or children or their relatives; (8) Selling women or children abroad. Abduction and trafficking of women and children refers to one of the acts of abducting, kidnapping, buying, selling, transporting, or transferring women or children for the purpose of selling.

In this case, Yu Huaying abducted and trafficked 11 children, which was extremely harmful to societyIn line with the aggravating circumstance of the crime of abduction and trafficking in women and children, the statutory sentence is increased to more than 10 years, life imprisonment or even the death penalty。The court has a certain degree of judicial discretion as to whether the circumstances are particularly serious and the death penalty is imposed, so there is a legal basis for sentencing Yu Huaying to death in the first trial.

At the second-instance trial, Yu Huaying felt that the sentence in the first instance was too heavy, and submitted a series of witness testimony around it, "for example, she found the testimony of a man who lived outside her to prove that she had not committed another crime since 2014." Yu Huaying still has a negative attitude towards some unfavorable facts in the court of second instance, "For example, whether these children were beaten, scolded and intimidated, she replied no, I don't know." According to the Guizhou High Court, during the second-instance trial, Yu Huaying had no objection to the facts of the crime of abducting and trafficking 11 children found in the first instance, and pleaded guilty in court, only putting forward the grounds for appeal that the sentence was too heavy; His defender argued that Yu Huaying had confessed and believed that the sentence was too heavy, and recommended a lighter punishment

However, according to the description of the victim Yang Niuhua and her lawyer, it can be concluded thatAmong the 11 child abduction and trafficking cases, none of them were voluntarily confessed by Yu Huaying, and they were all confessed by others after Yang Niuhua looked for relatives, and then find Yu Huaying to verify, she had to confess. From the first trial to the second trial, I can't see any remorse for Yu Huaying's actions.

To sum up, the lawyers of Shanghai Hualian Law Firm believe that it is difficult to weaken the social harmfulness of her child abduction and trafficking and the negative social impact caused by Yu Huaying's confessionIt is very likely that the original judgment of the first instance will be upheld in the second instance

According to the definition of the crime of child trafficking, one of the acts of abducting, kidnapping, buying, selling, transporting, or transferring women or children should be committed for the purpose of selling. Yu Huaying sold her son for the purpose of selling and also engaged in trafficking, so it is possible to define the act of trafficking her son as the crime of child trafficking.

However, Yu Huaying's trafficking of her own son occurred before 2000, and according to the 1999 Minutes of the National Symposium on Criminal Trial Work of Courts on Maintaining Rural Stability promulgated by the Supreme People's Court, the act of selling one's own children due to difficulties in life and under the influence of patriarchal ideology was not treated as a crime, and the act of selling one's own children with heinous circumstances was characterized as the crime of abandonment. In the social context of the time, the act of selling their children was rampant in some rural areas, so they were backward in their thinking and miserable in lifeAs a cause for the crime of child trafficking, they are not to be prosecuted

After 2000, the rule that selling one's children was not a crime was abolished. After the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Justice, and the All-China Women's Federation promulgated on 20 March 2000, the Circular on Issues Concerning the Fight against the Crime of Abduction and Trafficking in Women and ChildrenIt is stipulated that the act of selling one's own child shall be recognized as the crime of child trafficking, but the criterion for judging whether it is for profit or not is required

Therefore, the determination of whether the sale of one's own child constitutes the crime of child trafficking is also limited by the background of the times and the purpose of the sale. For example, in the past, it was generally not a crime for people to have to sell their children in exchange for some food rations or to give them to other dependents because of poverty. However, in today's world, due to the progress of social conditions, the rights and interests of children have been continuously strengthened, and if one's child is maliciously sold for profit, it constitutes the crime of child trafficking, and if one's child is not raised because it is born, it constitutes the crime of abandonment.

Although Yu Huaying's child abduction and trafficking case occurred in the 90s of the last century, she still continued to commit the case during the 2000s, and then concealed her real name and other criminal facts, and evaded legal punishment with a fluke mentality, resulting in the fragmentation of many families. Justice will be late, but it will not be absent, and the severe punishment of heavy human traffickers like Yu Huaying is a warning to other child abductors who have a fluke mentality, and may there be no abduction in the world!

Areas of Practice

Mr. Wang's main areas of practice are criminal defense and contract disputes.

Mr. Wang has participated in nearly 100 criminal cases, won non-prosecution for many suspects, and obtained suspended sentences or lighter punishments for many defendants. The crimes involved include fraud, contract fraud, theft, intentional injury, intentional homicide, extortion, crime, children, illegal business operation, illegal absorption of public deposits, false crime, opening a casino, embezzlement, bribery to non-state employees, organization, abuse, selling counterfeit registered trademark goods, organizing and leading organizations.

Mr. Wang also has unique insights in the field of contract disputes, and has fought for the legitimate rights and interests of the parties through litigation, mediation and arbitration, and has recovered losses to the greatest extent. Mr. Wang is especially good at sales contracts, lease contracts, gift contracts, loan contracts, entrustment contracts, and construction contracts.

Legal Research and Literature

Handbook for Family Self-Examination in Criminal Cases

Representative Cases

Gu's illegal business case, suspected of selling 100 tons of hazardous chemicals, not prosecuted· Li's fraud case, the amount involved was more than 200 yuan, and after defense, the procuratorate finally did not prosecute· In the case of Zhu's illegal absorption of public deposits, the arrest was not approved, and the bail pending trial was later lifted and criminal responsibility was not pursued. Yin Moumou's fraud case, arrest was not approved, and criminal responsibility was not pursued in the end. Fu Moumou's case of opening a casino, the procuratorate finally decided not to prosecute· Wang's theft case, the public security withdrew the case during the review and prosecution stage· In the case of Huang's embezzlement and bribery of non-state functionaries, the court only found the crime of offering bribes to non-state functionaries, and the final sentencing range was greatly reduced. In the case of Han XX's organization **, the court adopted the defender's opinion and changed the crime to the crime of introduction. The procuratorate recommended a sentence of five years in prison, and finally sentenced to two years and six months in prison. In the fraud case of Chen, the prosecution was changed to the crime of illegal business operation, and the final sentence was reduced from more than 10 years to 4 and a half years. In the case of intentional injury causing death by Cui Moumou, after trial defense, the crime was changed to the crime of negligence causing death. In the case of Chang XX's organization leading *** nature organization, the prosecution was changed to the crime of participating in *** nature organization, and the sentence was further reduced from 10 years to 5 years· Yang Moumou is guilty of selling goods with counterfeit registered trademarks, The police changed him from a suspect to a key witness, and he was not investigated for criminal responsibility. In Wang's case, the court applied a suspended sentence · The case of Yu XX illegally absorbing public deposits, the total amount involved is 52.7 billion, Yu XX served as the head of the product department and the operation department, and the probation was applied after defense· The contract fraud case of Li, the amount involved was 250,000 yuan, and the suspended sentence was applied after the defense. In the case of Zhang's abuse and death, the procuratorate recommended a sentence of five years in prison, and after defense, the court finally sentenced him to two years and six months in prison. In the case of Yang's theft, he committed theft many times, and was given a lighter punishment after defense, and was sentenced to three months and 15 days in prison. In the case of intentional homicide by Zhang, the defense court gave a lenient punishment, Sentenced to one year and four months in prison · In the case of Wang, the procuratorate did not approve the arrest, and did not pursue his criminal responsibility after defense. Wang's ** crime, after defense, was given a lighter punishment and sentenced to one year and four months in prison· In the case of Wang Moumou**, after defense, he was given a lighter punishment and sentenced to one year and ten months in prison.

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