The procuratorate responds to " mediate past grudge of be dispelled of minor rape case " : Investi

Original title: The procuratorate responds to " mediate past grudge of be dispelled of minor rape case " : Investigating a lawyer: The program is violated compasses

The sound that occupies China " news freely " report: Begin yesterday evening, "Be dispelled past grudge " this word is abrupt went up to heat up search, but the reason does not sound so good like the meaning of this word.

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 " . But fine read an article you can discover, this case is afraid should not be not only " be dispelled past grudge " , let a person feel frozen and biting however instead: He is to rape minor girl case together.

Procuratorate of rash hill county: "Pay close attention to minor suspect to grow " arrest await trial of instead be bailed out

The article of procuratorate of people of rash hill county says, 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. July 24, procuratorate of people of rash hill county makes the decision that approval arrests. And according to government of mesa city procuratorate date of small letter public ground sent article August 10, because this enroach on caught contagious disease,floret is more, be badly in need of cure.

But if using this newest article, say, 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, the inquisitor of procuratorate of people of rash hill county 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. 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 " .

Of short duration of mechanism of various procuratorial work did not respond to public opinion doubt

After the article is published, be reprinted quickly in great quantities by the netizen, netizen doubt centers in: The first, rape minor girl, why is case of this kind of criminal 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, whether do this have bad demonstrative effect?

Be aimed at above doubt, yesterday evening, acoustical reporter of China dials the telephone of chief of new media of procuratorate of people of county of rash hill of article author, mesa city for many times, it is to put through all the time but nobody accept audition position. Conduct propaganda of procuratorate of mesa city people is in chief evening response to end wide reporter Li Fan says, had noticed this public feelings, investigating, etc after having final result contact with the reporter for a short while. But the sound of after this China tries to contact opposite party again, phone unmanned all the time receive listen.

The netizen guesses, this follows the article that public common sense fails to meet each other apparently, the likelihood originates 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.

This article, and even this law case is cater to this activity " is take credit for other's merit admired please " sequential? Yesterday evening, chinese sound tries to contact Henan to visit head of procuratorate politics department and propagandist the head of a department or office for many times, of coincidence is, their phone is in for a long time " the telephone that you dial is communicating in " condition.

Senior criminal attorney: Rape cannot " reconcile " procuratorate program is violated compasses

No matter the casuse and effect of this article how, netizens had developed many legal experts to be opposite to the doubt of itself of details of a case procuratorate of people of rash hill county the doubt of this one practice. When Liu Changsong of senior criminal attorney is accepting Chinese sound to interview, make clear express, criminal reconciles not to apply to a rape this kind of severe criminal case, still rape minor what is more,the rather that this kind of property especially abominable case.

Liu Changsong points out, criminal procedural law sets very clearly, criminal reconciles only applicable two kinds of cases: "A kind of case is civilian dispute, for example domestic neighbors because house property, because ask for ground happening quarrel, fight affray is mutual and calumniatory, these circumstances call folk dispute. Forcible rape is a very serious crime, the heaviest is capital punishment, how doesn't rape case also delimit go in civilian dispute, be cannot applicable those who reconcile. The 2nd kind can reconcile, it is error crime, rape case is typical intended crime apparently. Will look according to these two kinds, this law case cannot put those who go to here for certain. This law case cannot put those who go to here for certain..

Liu Changsong points out at the same time, retreat 10 thousand paces to say, even if the case that this is mediation of an applicable criminal, the intercessory process of procuratorate of people of rash hill county also is put in serious mistake. "The flow that the procuratorate is handling this issue has a problem actually. Legal provision inquisitor reconciles in criminal inside act a presider directly, carry anyone to reconcile consultative fabricant a such parts, is not to say to give a people to mediate committee it so orgnaization of a mediation, go doing by them. Inquisitor should examine bilateral party finally, they are genuine compromise, one party forces his consciousness to the other side. Came in intercessory committee please, inquisitor is become by treat a customer, that is incorrect. That is incorrect..

In the light of the public abominable to this case society sets an example of effect anxious, liu Changsong's lawyer thinks, the likelihood also has this one 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. Although do not have the explanation that wins procuratorate respect at present, but according to legal order, should not be such.

Liu Changsong introduces, average civil case reconciles is a kind of way that solves a problem, it is to be solved finally really. But criminal reconciles the system is the permission that point to bilateral party is reached such one kind reconciles agreement, take come in records, what compare the big clue from wide punishment as is auxiliary. He notices, after procuratorate of this law case did so much to work, finally is an apprehension coercive measures change became await trial of be bailed out, since still have coercive measures, this law case was not over, not be so after saying to compensate for this law case with respect to fathom. It just is from the back laid a foundation from wide punishment.

Liu Changsong's lawyer thinks, 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, can make do not sue a decision, this is right minor program of a kind of when make special end a case.

Of course, this is legal group public figure only make according to legal common sense conclude, as a result of up to before distributing news dispatches, from Henan the province arrives again to mesa city the mechanism of various procuratorial work of rash hill county does not have the response that makes any materiality, we are temporarily unavailable more information. Chinese sound also will pay close attention to the newest progress of this one case and final result continuously.

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