27 years old of men chat through the network, and not full of 14 one full year of life young female have sex, child mother discovers after and call the police, think the man is suspected of raping. After case hair makes an appointment with two half moon, city of Heilongjiang Fu Jin police investigation thinks, the behavior of experience case man does not make crime, the decision does not grant put on record, cause the doubt of child family member.
Now (on July 18) , handle a case the policeman tells new capital newspaper reporter, show with evidence according to investigating, experience case man is not to know perfectly well the girl to resent 14 one full year of life, reason decision does not grant put on record.
The graph is public security bureau of Fu Jin city to issue do not grant advice note of put on record. Suffer the person that visit to offer a plan
Grown man and not full 14 years old of girls have sex
On April 20, 2019, city of Heilongjiang Fu Jin, mother of a child signs up for counter scale, oneself are not full daughter of 14 years old, have sex with a grown man, think this man is suspected of raping.
According to child mother Ms. Zhang introduces, daughter Hu Min (alias) be born in in October 2006, this year 12 one full year of life, reading junior high school. Call the police to was controlled at 5 o'clock that day afternoon, hu Min did not inform family to leave in the home, "That met me be asleep not to know, wait when awaking already much at 6 o'clock, discover the child disappeared, but she never not utter sth goes out. But she never not utter sth goes out..
When in the evening at 7 o'clock, ms. Zhang discovers the daughter has not come home. She logs onto child QQ through computer, discover the child and a netizen chat, the process that makes an appointment to meet. The chatting cut plan that Ms. Zhang offers shows, does the man enquire " be to classes are over? " ; "When do you come home? " ; "Can then you be together with me how long? " . The girl answers him: "Yes, we in the evening at 5 o'clock 0 5 classes are over " ; "You come to Zhou Yi in the evening the middle school receives me. "You come to Zhou Yi in the evening the middle school receives me..
The car shop sign that the man in be being recorded according to chatting provides, ms. Zhang calls the police, police finds Zhang Mou of experience case man quickly, 27 years old.
"That meets him still do not admit to had produced an impact with my daughter. Saying only later is to meet, sent the child more at 6 o'clock. " Ms. Zhang says, the child is being searched all the time during family, till in the evening fast at 12 o'clock, the daughter discovers on the around driveway of the village. "Actually the child is hiding all the time we, after seeing us, she also wants to run, before my husband goes up rapidly, drag her. Before my husband goes up rapidly, drag her..
In the mother examine minutely below, the daughter admits with this netizen Zhang Mou has sex. That day at night, family heads for police station to report a case to the security authorities again, think Zhang Mou is mixed not full of 14 one full year of life young female have sex, be suspected of raping. Subsequently, police undertakes investigating an inquiry to Zhang Mou.
The criminal that the graph is public security bureau of Fu Jin city to issue reconsiders decision book. Suffer the person that visit to offer a plan
Police does not grant doubt of family member of put on record
After case hair, police undertakes the carry-over on girl briefs and man DNA comparing is opposite. Girl family member tells a reporter, DNA result shows be identical. But after two half moon, police is made however do not grant the decision of put on record.
The data that the family member provides shows, on July 3, city public security bureau makes Fu Jin do not grant the decision of put on record, think " Zhang Mou's behavior does not make crime " . After the family member carries politics of start on a journey to reconsider again, on July 8, public security of Fu Jin city decides to maintain original judgement to decide.
In the document of a recording that child mother offers, ms. Zhang inquiry does not grant the reason of put on record, the policeman replies she, crime is from subjective and objective come up those who decide, experience case person is subjective go up not to know perfectly well child age, go up objectively both sides is freewill. "We handle a case is have mechanism of ranking public security and procuratorate of the people that be the same as class supervise.
Reporter of new capital newspaper is called with respect to this matter handle a case policeman, the other side represents the provision that comes on stage according to top magic art, with year full 12 one full year of life are malcontent the child of 14 one full year of life has sex, whether is need cognizance the other side belonged to know perfectly well girl age. "After our course is investigated, still have two witnesses, and the girl's description, discover the girl wants maturity than normal child apparently, the girl also does not accord with actual age really from the respect such as posture, figure. And chatting record of the suspect shows, the girl and he says himself 15 years old, reason suspect is not to know perfectly well the girl to resent of 14 one full year of life. Reason suspect is not to know perfectly well the girl to resent of 14 one full year of life..
To this, ms. Zhang expresses doubt, she thinks, the child has even if at that time say oneself are 15 years old, but habit of local spoken language, those who say also is nominal age. "The other side knows perfectly well her to still learn in go up, it is a child, still produce an impact with her. If male also is a child of many years old 10, I also not so found out. But he is grown man of 27 years old after all. But he is grown man of 27 years old after all..
Lawyer: Whether ' know perfectly well ' judgement needs rigorous
Zhang Xin of vice-president of center of mediation of Beijing organism law year lawyer introduction, according to " criminal law " regulation, illicit sexual relations is malcontent 14 one full year of life young female, talk in order to rape from heavy punishment. But those who be aimed at particular case case is different, whether does behavior person form illicit sexual relations young female still need pair of behavior people whether " know perfectly well " the other side is young female undertake judging.
Piece New Year lawyer expresses: Release according to the 4 branches such as procuratorate of top people court, top people, the Ministry of Public Security, judiciary " the opinion that about punishing lawfully minor of sexual enroach on commits a crime " the 19th, behavior person to dissatisfaction the injured party of 12 one full year of life carries out the behavior of sexual enroach on such as illicit sexual relations, ought to hold behavior person " know perfectly well " the other side is young female. But to full already 12 one full year of life are malcontent the injured party of 14 one full year of life, should wait for observation to be whether possibly from rule of work and rest of feature of bearing of state of affairs of its body development, the way one speaks or what he says, dress, life young female, if can make judgement, ought to hold behavior person " know perfectly well " the other side is young female.
In the meantime, if go to had known in beforehand or ought to know the other side for the person,be malcontent of 14 one full year of life young female, and of the behavior of sexual enroach on such as executive illicit sexual relations, should hold behavior person directly " know perfectly well " the other side is young female. Be in on this foundation through applicable " criminal law " have general punishment about the regulation of forcible rape or from heavy punishment.
In addition, it is to going not to know perfectly well the other side for the person young female, the issue that makes forcible rape for the person all right surely can be denied when both sides has sex of one's own accord. According to top people court " be not being known perfectly well about behavior person is malcontent of 14 one full year of life young female, the give an official that both sides has sex to whether make forcible rape issue of one's own accord " , it is malcontent that behavior person is known perfectly well of 14 one full year of life young female and have sex with its, no matter young female freewill, all answer according to criminal law the 236th the 2nd regulation, conviction with forcible rape punishment; It is malcontent that behavior person does not tell each other really of 14 one full year of life young female, both sides has sex of one's own accord, did not cause serious consequence, the clue is remarkable and slight, do not consider as crime. Accordingly, according to the regulation of afore-mentioned give an official, do not know perfectly well in behavior person and below the circumstance that both sides has sex to did not cause serious consequence of one's own accord, to going for the person character does not think to make crime.
"In this kind of case, it is a person to going whether ' know perfectly well ' judgement wants more rigorous, must achieve adequately in existing evidence " remove reasonable suspicion " below standard circumstance, make behavior person again whether " know perfectly well " whether make crime then or answer to be maintained from what punish again. " piece New Year lawyer says.
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