According to news of network of CCTV news shift, october 12 " law is online " we should pay close attention to the program one case the gender approachs minor case. The happening of this case makes a person very distressed, because victim is not returned at that time, and enroach on theirs is a teacher actually. Can weighs actual edition " forge " !
" forge " this Korea film is adapted from real event, told about Korea optical administrative division the president of a deaf-mute school and additionally a few teaching and administrative staff begin to often be opposite from 2000 the disabled student of this school carries out sexual force, fall victim student has more than 10 people, the long real story that time is as long as 5 years.
Film causes tremendous society echo in Korea after was shown 2011, drove Korea finally to the government is revised in succession and pass a series of bill, in order to ensure minor rights and interests. Among them, with " part of special law of punishment of sexual force crime edits legal case " (renown " forge law " ) most famous.
Now, we should pay close attention to the real event that produces beside together!
In handle a case, this kind of case often grows because of accident time, criminality concealments wait to often appear evidence is short of break wait for a problem, and this typical case 2012 put on record is investigated, mentioned by top people procuratorate 2017 case classics is counterappeal, highest on July 27 this year people court amend a judgment. Around last a period of time time of 6 years. This is a what kind of case, what did the judiciary do again? To protect the privacy of the injured party, our concealed went to the ground of the accident nodding the individual information with person of whole experience case, the name of the injured party will use English letter ABCD to wait will point to era.
This is to be located in north the rustic elementary school that some province is discarded in a village
5 years ago, be had the effect that produces in the sex inside campus to approach a case by this, the school is moved from place from. Here left the rank grass of one ground only nowadays, wall mural and bench of desk and chair also come out color. Once was in this school however the experience in, become many woman student however cannot the pain of efface. After incident happening, feedback child produced parents very big change.
First instance handles a case inquisitor Ma Huimin:
Be mirrorred according to the parent even if some children are not willing to go to school, some is namely in the home, how does the parent say to also do not go, some is the harm that causes from mentally, often become nightmare in the evening, say to sleep to half constellation, my this child sleeps lightly suddenly.
Why did the child produce allergy suddenly to campus? Be what kind of experience caused so serious harm to their heart? What these doubt of the parent handle a case as public security, judiciary is thorough, the answer gradually clear, make a person distressed more.
Highest check inquisitor of office of job of minor procuratorial work
Wang Hai:
This case is the case that classmaster of elementary school of a country rapes act indecently towards schoolgirl, inside the time that he is in person of this the accused more than one year, the schoolgirl that the much name of this class resents 12 years old, take the dormitory that does not have a person, bathhouse, the office, head outside school even, undertake act indecently towards with the rape.
Report a case to the security authorities
Case happening lodges in this make rustic elementary school, a of October 2012 weekend, come to the school receive the student's parent, on the teacher that listened to the child to tell about to happen in to surname the Qin Dynasty inadvertently and classmate body " secret " .
This case case is sent, it is a parent that is not student of the injured party, the injured party told the parent after she hears of, parent of the injured party reported a case to the security authorities immediately.
Enquire this when investigation personnel by the schoolgirl A of enroach on when, the secret that she says to once invaded her classmaster the Qin Dynasty by some sex has told a few fellow students of classmate. And this " secret " resembled abandoning a bomb. A few in class female classmates also say to A, teacher of the Qin Dynasty once also had carried out enroach on to them. such, police discovers in investigation process besides A, still 6 schoolgirls suffer Qin Mou's enroach on, they are the students on Qin Mou class, what time is as long as a year unexpectedly is long.
Ma Huimin of inquisitor of case first instance:
In the time that is as long as a year many, the accused person is opposite 7 for many times young the schoolgirl is carried out act indecently towards, be opposite two among them young the schoolgirl is raped for many times, and when on record is sent, average per capita of these 7 be murdered is not full 12 one full year of life.
Here is the bathhouse of the school and classroom
Investigate make clear, arrived Spring 2011 in October 2012, during Qin Mou is holding the position of classmaster, use noon break, evening to study by oneself in scheduled time wait for an opportunity, learning and other places of school office, classroom, bath pool to be opposite for many times respectively schoolgirl A and B carry out a rape; For many times name of act indecently towards ABCDE5 schoolgirl, act indecently towards F, G two schoolgirls each.
This is the dormitory of a schoolgirl, dormitory bed joins each other, students border and lie. Most when can accommodate more than 20 people to retire for the night at the same time. Qin Mou of the accused person has carried out act indecently towards behavior to a few the injured party here
Case 2 careful handle a case inquisitor business beautiful jade:
The accused person in the late evening, after the student rests, use a teacher to check the time of bedroom, carry out to many the injured party act indecently towards. Qin Mou still uses the parent to trust to his even, in order to make up a missed lesson, take a student to see a doctor the rape is carried out in waiting for name to bring back schoolgirl A his home.
He also admits the accused person, before on record is sent, the relationship with the injured party and its home person is good, often also call these woman students the talk.
Public security mechanism is investigated terminative hind, the case moves send to procuratorial work mechanism, city people procuratorate passes pair of cases to be examined meticulously in the round, be opposite with blame of forcible rape, act indecently towards children to sue of Qin Mou of the accused person. Public prosecution mechanism thinks clue of crime of Qin Mou of the accused person is abominable, because this suggests,the court ought to give accentuation is punished.
Case first instance handles a case inquisitor Ma Huimin:
Campus is a divine place, also ought be children set his mind at to learn, the Eden that health grows, but the office that the accused person is in the school however, student dormitory, bathhouse sex invades these minor, the clue is particularly abominable.
Court decision
September 2013, court of city intermediate people makes first time first instance adjudicate to the case, qin Mou of person of cognizance the accused makes forcible rape, sentence capital punishment, postpone a deadline is carried out 2 years, privative politics right is lifelong; Commit crime of act indecently towards children, sentence a set term of imprisonment 4 years 6 months, count a blame and punish a decision to execute, postpone a deadline is carried out 2 years.
Qin Mou of person of the accused after first time first instance adjudicates did not put forward to appeal. Court of city intermediate people applies for approval lawfully save review a case in which a death sentence has been passed by a lower court of senior people court.
In December 2013, save senior people court to make a ruling, with partial fact not cancel original judgement erupts simultaneously definitely for Qing Dynasty a heavy careful. In November 2014, the accused person is sentenced with same charge after court of city intermediate people is tried afresh life imprisonment. This Qin Mou of the accused person puts forward to appeal, requirement change the original sentence is innocent. In January 2016, save senior people court to undertake cognizance to the case.
Maintain before this 2 careful result and this differ somewhat.
Save senior people court to think, some is opposite the Qin Dynasty of the accused person young female executive illicit sexual relations, act indecently towards behavior, already made crime of forcible rape, act indecently towards children respectively, ought to count a blame and punish, the fact that should commit a crime according to its, property, clue, it is lawfully inside extent of legal measurement of penalty from heavy punishment. Adjudicate cognizance fact is true formerly, proceeding is legal, but undeserved to measurement of penalty of forcible rape part. Make set term of imprisonment of forcible rape change the original sentence 6 years with Qin Mou, privative politics right a year, make blame of act indecently towards children the part counts a blame and be punished with its, the decision carries out a set term of imprisonment 10 years, privative politics right a year.
Through the first instance of the case, 2 careful we can see, to Qin Mou of the accused person conviction the part agrees basically, but measurement of penalty however by set term of imprisonment of original life imprisonment instead 10 years, what be so is the difference that caused measurement of penalty such big?
Case 2 careful handle a case inquisitor business beautiful jade:
2 adjudgement maintain the accused person to make forcible rape was not maintained definitely form a plot abominable, person of cognizance the accused is act indecently towards children blame, did not maintain form public in public act indecently towards. Also say, whether to maintain the accused person to make forcible rape " the clue is abominable " and " public in public act indecently towards " the measurement of penalty that the clue affected pair of the accused people.
According to " criminal law " the 236th regulation, illicit sexual relations young female clue is abominable, ought to sentence set term of imprisonment of 10 years of above, life imprisonment or capital punishment. Be in public in public of act indecently towards children, ought to sentence set term of imprisonment of 5 years of above.
Accordingly, province procuratorate thinks: The mistake of statute of adjudicative comfortable use of 2 careful court, measurement of penalty is apparently undeserved.
Case 2 careful handle a case inquisitor Jin Yuexia:
Check of classics this academy appoint joint hearing is discussed, decision in order to try monitor, submit to counterappeal of top people procuratorate.
Counterappeal
For office of job of procuratorial work of minor of procuratorate of top to what just hold water by 2015 people, this one case is amount to is not much since new China holds water try by open a court session of top people court, the member that top people procuratorate is sent appears in court the criminal case that backs counterappeal, once counterappeal is successful, execute the law what be the same as kind of case to uniting the standard has important reference and direct sense.
Top people procuratorate not check does inquisitor assistant Bai Jie:
Handling a case force respect, our director office is long, held the position of case undertaker directly, and transferred backbone of a few business, held water to handle a case technically group, can say to take seriously very much. This case from close case the open a court session to finally, experienced a year of much time, I had favour whole journey to participate in each link, be reported from every time and discuss, I can experience us highest judiciary, deal with exceedingly rigorous major to the case meticulous with the standard.
The forcible rape that one of prime cause that top people procuratorate advances counterappeal are Qin Mou of pair of the accused person was not maintained " the clue is abominable " .
Handle a case inquisitor thinks, because the clue of each case is endless identical, law and judicatory explain the provision that cannot make end, how to hold " the clue is abominable " this, need handles a case personnel is integrated the specific clue of entire case, have judge according to public valuation and experience law.
Highest check Wang Hai of inquisitor of office of job of minor procuratorial work:
It is person of first trial the accused rape two dissatisfaction 12 years old young female, it is to be raped for many times respectively, guilty measure is harsh, crime is savage. The 2nd, person of first trial the accused is to use the woman student that as classmaster a such special statuses rape place class, than general rape guilty society endangers a gender this big. 3 it is this it is the rapist blame that in a country that close lodging elementary school carries out, caused a greater harm to the injured party and its home person, also caused very great panic to other classmate.
" procuratorate of top people court, top people, the Ministry of Public Security, judiciary releases jointly the opinion that about punishing lawfully minor of sexual enroach on commits a crime " the 25th, set act indecently towards to minor executive rape crime ought to 7 kinds of from heavy punishment particular case.
Procuratorial work mechanism thinks, qin Mou is the people teacher that has special status, special responsibility; Guilty object is dissatisfaction of 12 one full year of life young schoolgirl; Venue is in rural boarding school or Home Qin Mou; The gender invades time to last close half an year; Rape 2 people, total number is achieved " for many times " ; Crime causes panic of be murdered student, boycott, dare not go to school wait for serious consequence; Qin Mou refus does not admit his guilt, and before case hair exhort technically the injured party does not point to identify him to commit a crime, be without the meaning of contrition. Will integratedly look, qin Mou is had " the gender invades an opinion " ) what the 25th place lists is multinomial " from punish severely place " clue, integrated entire case advocate objective element, accord with " illicit sexual relations young female clue is abominable " aggravating clue.
Top people procuratorate mentions another of counterappeal main reason, it is to save a court to did not maintain the act indecently towards behavior that the accused person carries out in schoolgirl dormitory to belong to in the court decision " public in public act indecently towards " , and this one clue also belongs to legal accentuation clue, matter to the measurement of penalty of pair of the accused people.
Basis " procuratorate of top people court, top people, the Ministry of Public Security, judiciary releases jointly the opinion that about punishing lawfully minor of sexual enroach on commits a crime " the 23rd regulation, relatively open place rape, act indecently towards minor waits in campus, should have only other much person is attendant, have by what other feels a likelihood, belong to " public in public " crime.
Handle a case inquisitor thinks: Although concern a regulation to did not state dormitory,be " public place " , but a such big dormitories, with the main component that school building is like the classroom, use jointly at the same time by numerous student, only specific teacher can go in check bedroom, ought to maintain for specific public. Qin Mou of the accused person is in a dormitory, when numerous student retires for the night, the enroach on that carries out to the student is belonged to public in public act indecently towards.
Person of first trial the accused is to be after schoolgirl go to bed, carry out to the front of bed of the injured party act indecently towards. Be in the sort of dormitory inside, most when schoolgirl of go to bed has ten, the bed endures a bed, because fear to be discovered by other classmate,be murdered schoolgirl is, not dare utter a word, this also caused the harm with greater mentally to the injured party. Say he is public so, have again in public the three unities.
This case not only put in a series of judicatory the difficult problem of applicable respect, in the case in examining a process, still put in a circumstance, that is Qin Mou of the accused person from only then come not to admit to had carried out crime eventually. How accurate the evidence that holds this kind of case examines a standard, also test is worn execute the law of personnel handle a case ability.
Top people procuratorate not check does inquisitor assistant Bai Jie:
We go to the crime scene 3 times, arraign person of first trial the accused, enquired family member of partial the injured party still has school curator, undertake be checkinged further to relevant evidence. In the meantime, we are returned to county, city, province 3 class handle a case personnel understanding handles case case, wait for possibility in order to unless the law obtains evidence,be discharged. Besides, kiss all previous sex for aggrandizement, we go to case hair school technically still perambulate spot, undertake comparing is opposite to detail, perfect fixed evidence further.
Undertaker understands in examine, allegation of each the injured party is stabilized relatively by the course of enroach on, detailed, objective. The injured party stated person of first trial the accused to carry out sexual enroach on not only roughly frequency, time paragraph, the content such as main spot, means, still include to carry out encroachment a few detail, these detail classics and spot prep according to, special agree. This also did not discover in process of interrogatory, inquiry obtain evidence illegally, the problem that disturbs state.
Highest check director of office of job of minor procuratorial work
Zheng Xinjian:
We think to say the allegation of these the injured party accords with reason after the analysis, and the content of allegation, with her cognitive ability, this photograph that can convey with her is consistent, if you are not personal experience, you make up these clues come out impossibly.
Meanwhile, inquisitor thinks, the basic fact that the injured party states receives this proposal the confirm of other evidence. Each the injured party points to identify the accused person to have similar criminality and medium, this itself is mutual confirm, the injured party is in the fellow student was told after enroach on, the classmate told the parent again, this accords with the psychological characteristic that minor is willing to pour out with associate more, prove force is more powerful, and record of spot survey produce the expected result, the injured party identifies of the spot note wait for evidence, also gave to one's words evidence from different respect attestation. The accused person also admits to make the injured party perhaps bring back the home alone.
Put forward in the light of the accused person and its paraclete " the injured party describes not accurate, around to have contradictory change, because their allegation is false " this one apologetic opinion, in this case, one is put in difference really by the allegation of around of enroach on student, public security mechanism is in the procedure that questions for the first time, she is told only by the teacher act indecently towards, when the 2nd times public security mechanism enquires, just discuss the case that is raped by the teacher. Inquisitor also undertook checkup an analysis seriously to this.
When enquiring for the first time, it is the other teacher that has the school attendant, this child is more nervous, fear, because this dare not say this aspect (rape) element. This also accords with this kind of psychology of the child, more objective, and after this the injured party notes from the 2nd, compare stability with respect to allegation all the time, tell oneself to be raped, by act indecently towards.
Inquisitor thinks, in this case, although the accused person does not admit his guilt from beginning to end, but his do not have any evidence apologetically or clew support, and the evidence such as the allegation of the injured party and relevant witness testimony can mutual confirm, between person of first trial the accused and parent of be murdered student nonexistent also contradiction, report a case to the security authorities seasonable nature, because this eliminated the possibility of circumvent of bring a false charge against sb.
Integrated in light of entire case, we think afore-mentioned evidence enough removes reasonable suspicion, can hold the guilty fact of rape of person of first trial the accused and act indecently towards children.
Final judgment adjudicates
March 2017, top people procuratorate mentions to top people court counterappeal, in December 2017, top people court lawfully underground hears this one case, in June 2018, top people court holds adjudgement committee to discuss this case, conference of attend as a nonvoting delegate of Zhang Jun of top people procuratorate's chief procurator expressed an opinion.
Modest of son's eldest son of deputy procuratorial work of top people procuratorate:
This is chief procurator of top people procuratorate, first top people court tries attend as a nonvoting delegate committee, it is attend as a nonvoting delegate of deputy chief procurator mostly before, this also shows top people procuratorate to take seriously what handle lawfully to the case highly, try committee to passing attend as a nonvoting delegate, the height that will fulfill law to control function takes seriously, this also is new era, examination mechanism produces function effect, defend the significant move with judicatory just fairness.
On July 27, 2018, top people court adjudicates cancel saves High Court 2 careful court decision, adopt top people procuratorate all counterappeal opinion, person of cognizance the accused makes forcible rape plot abominable, life imprisonment of change the original sentence, person of cognizance the accused is in public in public act indecently towards children, to blame of act indecently towards children set term of imprisonment of change the original sentence 10 years, decide amalgamative executive life imprisonment.
From 2012 the parent calls the police to tried eventually 2018 definitely, the case is examined via mechanism of 4 course procuratorial work, 4 times the court adjudicates, the accused person received due punishment lawfully. 6 years, the student that gets enroach on is already grown grow up, the judiciary also is in the scar of the temperature close child that endeavors to use law.
Modest of son's eldest son of deputy procuratorial work of top people procuratorate:
Rape, act indecently towards, the organization is threatening walk the street etc, the case that enroach on minor commits a crime, happen from time to tome, this kind of case gives the injured party and family, caused harm of serious body and mind, challenge moral law bottom line, property is extremely abominable, the harm is very great, must from punish severely place, procuratorial work mechanism also is grow protective minor health all the time, regard obligatory law as responsibility, political responsibility and social responsibility, so highest procuratorate, also ask mechanism of various procuratorial work, to the case that enroach on minor commits a crime, must lawfully from punish severely place.
