On September 21 in the evening,
"Be dispelled past grudge " this word is abrupt went up to heat up search,
But the original idea that the reason does not resemble this word
Look so good.
Have netizen discovery, henan saved procuratorate of people of county of mesa city rash hill to publish an article through official small gain, the title is " one junior high school gives birth to Lu Shan temporarily impulse errs inquisitor intervenes next both sides disappear past grudge " . Fine read an article to be able to discover, this case is afraid should not be not only " be dispelled past grudge " , let a person feel frozen and biting instead -- this is to rape minor girl case together.
16 years old of teenagers rape 17 years old of girls
The procuratorate chairs mediation " be dispelled past grudge "
Say in the article, small Zhao Jin is 16 year years old, it is rash hill county the 2 students at the beginning of some middle school. In summer vacation, xiaozhao and floret of 17 years old of girls produced sexual relationship forcibly. On July 24, procuratorate of people of rash hill county makes the decision that approval arrests.
Additional, in government of procuratorate of people of rash hill county date of small letter public was pushed on August 10 send an article " the flower that judicatory deliverance lets get hurt can blossom afresh " in, still can discover, floret caught contagious disease because of this enroach on, be badly in need of cure.
Xiaozhao's behavior makes a person indignant, he caused very great harm to the body and mind of floret.
Write in the text that small gain of government of procuratorate of rash hill people releases, bear the inquisitor Han Hao that handles a case wants " of the attention minor suspect of utmost grow " , the family that knows Xiaozhao deep then grows environment, undertake psychological dredge to suspect Xiaozhao, help its realize the error of own behavior.
Xiaozhao writes down be repentant book and excuse letter, hope to be able to get floret of the injured party forgive, also hope oneself can return the school to continue to go to school at an early date.
Then, handle a case inquisitor calls bilateral parents, connection place mediates committee to undertake reconciliatory to both sides, "Everything with be helpful for the child grow for first " .
Final, bilateral parents " be dispelled past grudge " , signed of one's own accord reconcile agreement, small Zhao Jiachang compensated for floret parents 80 thousand yuan.
Then, inquisitor is driven before terming begins at the beginning of September again, the coercive measures of will small Zhao by arrest change to be await trial of be bailed out, xiaozhao was able to return the school when term begins.
Later, xiaozhao's mother delivered silk banner to the procuratorate, submit a written statement to a higher authority " execute the law for civilian, fulfil one's duty teenager of department of responsible, affection, admire aid " .
Netizen doubt handles a case so is " try to mediate differences at the sacrifice of principle "
" one junior high school gives birth to Lu Shan temporarily impulse errs inquisitor intervenes next both sides disappear past grudge " after this article is released, cause heat quickly to discuss.
Netizens oppugn:
The first, rape minor girl, by what is this kind of abominable case mediated? Be a try to mediate differences at the sacrifice of principle?
The 2nd, we know the court can be mediated, but does the procuratorate have this power?
The 3rd, if the practice of procuratorate of rash hill county does not have a problem, this tells us, can the flower rape minor girl 80 thousand pieces? Was this brought to the society what kind of set an example badly?
Current, the phone of chief of new media of procuratorate of people of county of rash hill of article author, mesa city is to put through all the time but nobody accept the position that listen.
Conduct propaganda of procuratorate of mesa city people is in chief to tell a reporter, had noticed this public feelings, investigating, etc after having final result contact with the reporter for a short while. After this reporter tries to contact opposite party again, phone unmanned all the time receive listen.
The netizen guesses, this literary works that causes controversy may originate the mechanism of procuratorial work of province of complete 2018 Henan that developing " good story of Henan procuratorial work " collect selection activity. This activity collects work stylistic include new media stylistic with traditional media stylistic, requirement story can reflect window of job of our region procuratorial work and result racily.
21 days night, the reporter tries to contact Henan to save Zhang Ping of section chief of Yan Xingzhen of head of procuratorate politics department and propaganda for many times, but their phone is in for a long time " the telephone that you dial is communicating in " condition.
Senior criminal attorney: Criminal reconciles not to apply to rape case
Liu Changsong of senior criminal attorney expresses clearly when accepting a reporter to interview, criminal reconciles not to apply to a rape this kind of severe criminal case, still be rape minor what is more,the rather that more this kind of property especially abominable case.
Liu Changsong says, (criminal reconciles) applicable what details of a case, criminal procedural law sets very clearly, only applicable two kinds of cases:
One kind is civilian dispute. Because,alleged folk dispute is domestic neighbors house property, because ask for,quarrel happens among the ground, fight affray each other appeals to calumniatory etc. Forcible rape is a very serious crime, the heaviest is capital punishment, how doesn't rape case also delimit go in civilian dispute, generally speaking it is cannot applicable reconcile.
Another kind is error crime. Rape case is apparent, it is typical intended crime. Look so according to two kinds this when reconcile, this law case is sure not applicable criminal reconciles.
Two family of Xiaozhao and floret are reached " reconcile "
Liu Changsong points out at the same time, retreat 10 thousand paces to say, even if this case can applicable criminal reconciles, the processing means of procuratorate of people of rash hill county also is worth deliberate.
The flow that the procuratorate is handling this issue has a problem actually, legal provision, inquisitor reconciles in criminal in act advocate thing person, carry anyone to reconcile consultative fabricant, is not give people to mediate committee it so orgnaization of a mediation, go doing by them.
Our inquisitor should examine bilateral party finally, they are genuine compromise, one party forces his consciousness to the other side. Intercessory council let please, inquisitor is become by treat a customer, that is incorrect.
A lot of people are anxious, this case may remove abominable society to set an example effect. Liu Changsong thinks, the likelihood also has the information that the public releases to the procuratorate to be read by accident, thinking criminal reconciles is means of criminal end a case, this rape case ended so.
Average civil case reconciles is a kind of way that solves a problem, it is to be solved finally really, but criminal reconciles what the system points to is to allow bilateral party to reach a kind to reconcile agreement, take records in, what compare the big clue from wide punishment as is auxiliary.
Whether sueing ability is the processing decision with final procuratorate, what does the court sentence finally, for instance probation, this ability is the processing with final case.
This case, after I notice the procuratorate did so much to work, finally is an apprehension coercive measures change became await trial of be bailed out. Since still have coercive measures, prove this law case and not was over, not be to say this law case is complete after compensation so finish, it just is from the back laid a foundation from wide punishment.
Liu Changsong says, this case is made probably finally first add a condition to be not sued, waited for Xiaozhao of minor crime suspect to undergo test in test period, just can make do not sue a decision, this is program of special to a kind when minor commits a crime end a case.
Up to before distributing news dispatches, from Henan the province reachs mesa city, did not make the response of any materiality to the mechanism of various procuratorial work of rash hill county again, the reporter will pay close attention to the newest progress of this one case and final result continuously.
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