Felonious record be careful in one's conduct just is mediated " be dispelled past grudge " and ex

Procuratorate of county of city rash hill passes Henan mesa Guan Wei publishs an article, the title is " one junior high school gives birth to Lu Shan temporarily impulse errs inquisitor intervenes next both sides disappear past grudge " , those who say is unripe Zhao Mou of 16 years old of junior high school, temporarily impulse raped floret of 17 years old of girls, procuratorate of rash hill county is between suspect and the injured party, do hard " criminal reconciles " the job, home Xiaozhao compensates for floret home 80 thousand yuan, both sides was reached reconcile agreement; For not by accident Xiaozhao goes to school, prefectural procuratorate still arrests his measure seasonable change is await trial of be bailed out, the article basks in those who gave small Zhao mother to deliver to this county procuratorate at the same time " execute the law for civilian, fulfil one's duty teenager of department of responsible, affection, admire aid " silk banner. After the article is published, be reprinted quickly in great quantities by the netizen and cause heat to discuss, the focus of attention is, of the rape felonious can you also reconcile into thing of carry out a death sentence? And can you disappear past grudge?

Have medium farther gouge, procuratorate of rash hill county still was released this year in March " a bulletin of glad news " exposure, what this courtyard causes to ride roughshod over of another origin campus is minor commit intended murder, active also hurried reconciles into bilateral party criminal, procuratorate of Jing Lushan county suggests finally, court of rash hill county sentences 3 probation to the accused person, did not affect school work. This case still is judged to be Henan to save not check case of 10 big high-quality goods. This information is to cause lean to one side to be oppugned strongly more, media sneers at say " intended before homicide also can disappear past grudge " .

Look, what criminal of a criminal case of counterpoise of procuratorate of rash hill county reconciles is applicable the general acknowledge that is the same as the public, existence touchs Wu badly. It is the public has misunderstanding to law after all, still be Lu Shan procuratorate abuse criminal reconciles system, we still return body of legal plan definitive edition.

Criminal reconciles, it is to show the light a criminal case that causes because of civilian dispute is mixed commit a crime except the error beyond dereliction of duty kind of public prosecution case of the case, law encourages contrition of sincerity of person of 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, mechanism of public security organs to reconciling content undertakes checkup, affirm and make reconcile agreement, person of guilty suspect, the accused obtains utmost from wide criminal system. According to practice of our country judicatory, the case that criminal reconciles between party, the range that lenientlies treat finally is very big, inspect a case located investigate, the level that sue or tries is different, made cancel case mostly, do not sue, avoid the processing that grants to criminal is punished or sentence probation.

And the serious a criminal case that case of murder, rape is a model, the minor offence case that because civilian dispute is caused,is absent; Also be typical intended crime, not be error crime, that is to say, the serious a criminal case such as homicide, rape, do not belong to the suitable scope that criminal reconciles lawfully. Accordingly, procuratorate of rash hill county undertakes between felonious case party criminal reconciles, without legal basis.

Procuratorate of rash hill county emphasizes " utmost ground pays close attention to minor suspect grow " , motive and jumping-off place are good, but cannot assuming law provision, cannot excessive authority dereliction of duty, also cannot violate the basic law of criminal case, for example minor suspect is on significant crime road, it is the result that collaboration of complex matter put together uses, not be inquisitor meets a few times to be able to be taught those who come over, does if can you return need in that way,the special certainly orgnaization such as the juvenile offender correctional institution work? The psychological scar of the injured party is very deep, also be not compensate to nod interpose of the money, psychology that make a point to be able to be eliminated.

What need to point out especially is, the legal measure of guilty correspondence is penal, the penalty of felonious correspondence is to be punished again. Penal function includes to punish a criminal already, make its not dare recommit, also include to deter the person that has guilty tendency, still include to satisfy be murdered to just expect to punish the strong desire of convict. Accordingly, make homicide, rape wait to minor felonious also reconcile into thing of carry out a death sentence, final from wide to the scot-free, rate that does not affect its school work, it is right criminal reconciles of applicable condition not consider, be interests of pair of felonious minor suspect is unprincipled indulge and to its criminality indulgent, the ignore that is square to be murdered rights and interests more and secondary judicatory harm, also can let numerous adolescent include to make felonious person oneself, ambiguous dispute idea, make frequency of case of crime of thing of minor severe severe punishment send tall hair thereby, absolutely cannot be used.

Of course, rash hill procuratorate is being dealt with minor the do one's best in making a case is reflected " education is penitentiary rescue " guiding principle is correct, for example this procuratorate accuses according to punishment code is decided, right minor circumstance of education of made growing experience, custody undertakes investigating, specific aim ground undertakes dredge works; What rigid limitation arrests measure is applicable, can not arrest do not arrest as far as possible, be worth affirmation.

Even if that had intended murder March this year, the proposal sentences 3 delay 3 not certain also faults, because the official is small content is not complete, bad to be made directly judge, here can make bit of hypothesis. If person of this case the accused suffers campus ride roughshod over for a long time, bear extremely finally moved kill machine, but homicide abortive (because have,state to what the injured party undertakes psychology intervenes) . So, this case forms indignation homicide, legal punishment is in 3 to 10 years between, have again minor make (ought to light or reduce punishment) , abortive makes (OK and light or reduce punishment) wait for legal and light clue, even if do not have alleged criminal to reconcile, from sentence 3 years of again applicable probation the gentliest, not lawbreaking regulation. Of course, if campus ride roughshod over person commit murder felonious still handle so, that is very debatable.

Anyhow, the government-owned profound implied meaning of procuratorate of rash hill county emphasizes this courtyard also undertaking criminal reconcile to so felonious case, still undertake be propagandisted energetically as window of procuratorial work job and effect, have what counterpoise from excessive of dereliction of duty exposing to the sun truly " from black " flavour, also produce serious misdirect to social community. It is conduct propaganda has after all by accident, still be legitimacy passes " degree " , expect Lu Shan to prefectural procuratorate and its superior mechanism are investigated as soon as possible and respond to the public.