Forcible rape is belonged to felonious, applicable criminal reconciles some are inappropriate.
Civil | Yang Yitong
Picture of scheme of small gain check comes from a network
The criminal case with an abominable property, however the guilty suspect with 16 years old " put in campus 's charge again " , the way that family gives silk banner " fall dimension " , imagination of a lot of people is less than this estimation.
According to " Lu Shan procuratorial work " fair number exposure, hill county learns small Zhao Shilu of 16 years old in some this year first 2 students, when summer vacation time he because temporarily actuation, produced sexual relationship forcibly with girl floret of 17 years old.
On July 24, 2018, procuratorate of people of rash hill county makes the decision that approval arrests, in view of Xiaozhao subjective and malign lesser, department as minor, square as be murdered reached of one's own accord lawfully reconcile etc, the coercive measures Xiaozhao by arrest change to be await trial of be bailed out, make he can begin to learn together with classmates in new term beginning. To thanks, small Zhao Jiaren delivered silk banner to procuratorial work mechanism.
"Lu Shan checks length of fair number of " small letter to pursue
Occupy acoustical story of China, latest news is, procuratorate of mesa city people concerns chief response, had noticed these public feelings, investigating.
Await trial of be bailed out is equal to really innocent release, plant however coercive measures, be equal its at " be put " have break biased. Right by await trial of be bailed out person for, cannot leave seat, handle a case mechanism is followed pass follow, it is rigid requirement. Considering standard of core of await trial of be bailed out, the social harm sex that is suspect or the accused is inferior, this goes up in logic probably also can from be in harmony.
But look at present, local check just had received silk banner, will reconcile to be written when achievement. This hard to avoid invites person suspicion, suspect Xiaozhao is likely be lenientlied treat, or it is to avoid at be being sued. From its fair number language is mixed before judicatory practice looks, this is not the care of a surname person. Want to know, modificatory coercive measures -- coercive measures by arrest change to be await trial of be bailed out, also need check square to become consensus normally, in beg punishment to go up from wide.
"Lu Shan checks length of fair number of " small letter to pursue
If if it is so, then this also is be aimed at minor suspect " special give special treatment " . " minor protects a law " regulation, "To violating guilty minor, implement education, penitentiary, rescued policy, hold to education to give priority to, penalty is complementary principle " . Basis " criminal law " regulation, full already 14 one full year of life are malcontent the person of 18 one full year of life commits a crime, perhaps ought to reduce punishment lightly.
Tell from original idea, local check square the angle from protective minor, help Xiaozhao actively know an error, also be the original intention that stems from protective minor.
Just, "Perhaps reduce punishment lightly " , be not absolve punishment. When calculating small Zhao to commit the crime full 16 one full year of life of dissatisfaction of 14 one full year of life, "Make intended homicide, intended harm send the person is hurt again or death, rape, rob, traffic the drugs, incendiary, explosion, blame that send poison " , also ought to bear criminal responsibility.
Parents of both sides of the party in this case " be dispelled past grudge " , also be the point that makes public opinion very sensitive. Look from the report, place not committee of mediation of place of check family connection undertakes reconciliatory to both sides, small Zhao Jiaren compensated for floret parents 80 thousand yuan of RMBs, both sides was signed of one's own accord reconcile agreement.
This also accord with " criminal reconciles " definition -- in criminal lawsuit process, make through mediator or other organization person of the injured party and guilty suspect, the accused is communicated directly, talk things over jointly, both sides reachs civil compensation to reconcile after the agreement, the judiciary investigates criminal responsibility or the litigant activity that reduce criminal liability lightly no longer to person of guilty suspect, the accused according to the particular case of the case.
According to punishment accuses code is decided, contrition of sincerity of person of guilty suspect, the accused, through recouping a loss to the injured party, make an apology wait for means to obtain the injured party to forgive, the injured party reconciles of one's own accord, bilateral party can reconcile; Slight to guilty clue, do not need to sentence penalty, can make the decision that does not sue. In returning this case, 80 thousand yuan compensation, to the harm that victim and its family get, it is really a kind economically make up for, they are produced probably " reconcile of one's own accord " apiration.
But criminal reconciles to whether hold water, look to be accorded with even " because civilian dispute is caused " , " the guilty case that is suspected of criminal law dividing a the 4th chapter, the 5th chapter to set " , " the likelihood sentences 3 years of set term of imprisonments the following penalty " wait for statutory requirement. Forcible rape is not in this apparently, also ought not to applicable criminal reconciles.
"Legal purpose also is not castigatory person originally, lead a person however. " right to minor protection, but its premise should be the protection in legal frame, and cannot apply outside the law favour. Be like this only, ability reflects legal fairness and justice, just won't let " good-tempered " become " indulgent " . In the final analysis, let law become the protagonist of not decline to shoulder a responsibility namely, this apprehension apprehension, this prosecution prosecution, this from wide from wide, let result withstand examine.
Nowadays, mechanism of ranking procuratorial work is launching investigation to this. The hope is mixed to public suspicion anxious -- experience work check square " good-tempered " can deny become " indulgent " , place can give out to be cut truly about the respect explain.
□ Yang Yitong (scholar)
