The case of unripe determined by fate of Hu Meixiang of buffet female merchant was in 48 years old.
On March 28, in Sichuan the elegant treasure that bring city promotes a county school of center of 5 dragon country is inclined in a buffet on, there already was life evidence when Hu Meixiang is discovered.
Head day in the evening, to plunder wealth, 3 minor covered her mouth.
"How do I and children do? "How do I and children do??
Che Xiao of 21 years old, also wait not to answer his mother again.
28 days that day, he was lying between a driveway to see the Hu Meixiang that falls on the ground far, crying greatly in the mouth " Mom " , he tries to had developed cordon to be pressed by everybody join forces however.
A few recently miss the Che Xiao that suffers from congenital intellective obstacle very mother, mention her to drop tear.
And claim life of his mother one's own, it is 3 smaller than his age minor however. Police bulletin shows, the suspect is 2 male 1 female, it is Xiaozhan of 14 years old, Xiaohuang of 15 years old and Xiaozhang of 16 years old respectively.
Insider discloses, 3 suspects are to be in in buffet when the yam that buy flee in terrorfry in deep fat or oil, had stick to one's position because of 3 yuan of money with Hu Meixiang. Because money is done not have on the body, 3 people are carried out to Hu Meixiang rob, encounter cover to the mouth sends his to choke and die to its when revolt.
But say according to the family member, they are to plot beforehand ground is robbed, start work 3 times in all, still bought commit the crime tool.
Xiaozhang's father says, after failing twice, 3 people come 27 days of evening in inn have a thing again. When Hu Meixiang wants to close, small Zhan Xian starts work her force sb to do one's bidding lives, pull her into inn since Xiaohuang and small Zhan Yi next, xiaohuang covers with gauze her mouth, xiaozhang helps the mouth that looks for towel to block Hu Meixiang up, press her foot. After about 20 minutes, hu Meixiang was not moved. 3 people took Hu Meixiang's bag and mobile phone, leave together.
Draw the buffet of a fatal disaster to Hu Meixiang, it is the family's main economy source.
Marital Che Gang of Hu Meixiang contracts leg disease, action inconvenience. 2 sons this year 14 years old, still reading junior high school. Octogenarian old mother also needs to take care of. "Our home relies on her to be being maintained completely, all everything relies on her, she went now, how do I and children do? " Che Gang says.
"Doing not have certainly good child is our responsibility "
3 minor all already discontinue one's studying, among them Xiaohuang and Xiaozhang are sweethearts.
To Xiaohuang and pieces small relation, bilateral parents is already witting. They had objected strongly, but the child with " commit suicide " minatory, they are helpless compromise. Two children still go together elegant an installed barbershop has worked.
According to the view of bilateral family member, because Xiaohuang learns bad discontinue one's studying to contact the friend outside, because Xiaozhang is mixed Xiaohuang " make fun of a friend " also leave the school finally.
Xiaohuang grows at front courtyard of an odd relatives by marriage, father all the year round outer run freight, feeling of father and son is bad. Another suspect, the Xiaozhan with the smallest age comes from front courtyard of odd relatives by marriage as much.
This, xiaozhan arrives 5 dragon countryside is to get together with two friends photograph, also be to see oneself girlfriend. But finally, he is participated in however killed another mother of 14 years old of children.
Police bulletin says, on March 28, in receive after calling the police about 9 hours, police arrests 3 suspects. 3 people to committing the crime the fact is admitted.
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"It is unpardonable that the child makes such issue, we serve as parents do not have certainly good child, it is our responsibility. " Xiaozhang's father is written in apologetic letter.
"The son made a way, I can do how, asked a lawyer to also not was necessary, he should bear the blame. " Xiaohuang's father thinks, he teachs a respect in the family hundred it is responsible.
"Minor is not applicable capital punishment "
Current, this case already moved send local procuratorial work office, enter examine sue level.
This matter classics causes heat to discuss after media coverage, a few netizens appeal " homicide pay with life " .
But famous law rich advocate, when battle of Yang Wen of partner of office of attorney of the aegis in Beijing accepts weekly gentleman to interview, express, press active law provision, minor affirms not applicable capital punishment. And when minor crime measurement of penalty even light or reduce punishment, probable their final term of imprisonment also too won't heavy.
" criminal law " regulation, our country is not full the minor crime of 14 one full year of life does not assume criminal responsibility, full already 14 one full year of life are not full the minor of 16 one full year of life is only right 8 kinds of relatively serious crime such as intended homicide assume criminal responsibility, full already the person of 16 one full year of life assumes criminal responsibility to all commits crime.
Accordingly, 3 minor in this case rob killing female merchant, the age is 14 to 16 years old, need bears criminal responsibility.
"Full already 14 one full year of life are malcontent the minor crime person of 16 one full year of life, do not sentence life imprisonment commonly. " when Beijing thes capital of a country Liu Chang of attorney office solicitor accepts weekly gentleman to interview, express, " criminal law " the regulation is 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, and the person that 18 one full year of life resent when committing a crime is not applicable capital punishment.
Yang Wen battle tells weekly gentleman, because this case is collective crime, specific measurement of penalty besides considering the age, still need to join particular details of a case.
Liu Chang also expresses, in judicatory practice, the Ying Xiangen when minor crime measurement of penalty occupies guilty fact, property, clue, sequential, society to endanger degree to make judge, look to whether have again be contrary to Yu Weicheng year the opinion that makes provision of not applicable capital punishment gives support.
"The problem is very serious "
In recent years, minor crime incident increases gradually, appeared even a few extremes commit a crime. How to answer this one phenomenon, solve this one problem?
2019 during two meetings, delegates of 30 National People's Congress were referred jointly about editing " minor of People's Republic of China protects a law " second reading. Suggest age of minor criminal responsibility floor level lowers 12 one full year of life among them; Adjust age of responsibility of relatively negative criminal to arrive for 12 one full year of life at the same time 14 one full year of life, full already 12 one full year of life are malcontent the minor of 14 one full year of life, extremely abominable to property criminality assumes criminal responsibility; Corresponding adjustment loses criminal responsibility age completely to be 14 one full year of life.
Yang Wen battle expresses self-identity to this. "Present criminal responsibility age is decided a few years ago, but the child's maturity, understanding is spent nowadays before comparing much stronger. " he thinks, should lower criminal responsibility age, according to the experience that its observe, reduce at least.
In addition, to a few special situations, the minor with very for instance small age commits particularly serious crime, and the minor that a few successional crime form crime to be used to, if where manages,also need to consider to these circumstances.
Qin Hong represents vice-president of school of experiment of a peach-shaped thing of Nanning city weather to also suggest, lower age of minor criminal responsibility moderately through revising criminal law, enhance law to deter force, precautionary minor commits a crime.
Yang Wen battle thinks, active minor crime and correctional system problem are very serious, must change.
"If the suspect did not reach criminal responsibility age, do not have a law to investigate duty, fundamental management is a blank, not true correctional with check mechanism. " Yang Wen battle tells weekly gentleman, the most crucial is devoid society correctional mechanism and orgnaization.
According to " criminal law " regulation, because of dissatisfaction 16 one full year of life do not grant criminal punishs, the parent that orders him or guardian tries certainly; Be in necessary when, also can accept breeding by the government.
Yang Wen battle expresses, guilty minor comes from impracticability mostly the family of effective certainly, the word of replace family still cannot have surelysubject sb to discipline to the child.
Of this need society intervene. Before this accept education system to be cancelled, this caused minor to did not arrive especially the minor of criminal responsibility age " criminal law is in charge of, other nobody is in charge of " .
Yang Wen battle says, should build a special correctional orgnaization. If minor commits a crime slight, public security mechanism, school, community and social orgnaization intervene correctional. If behavior has made crime but cannot investigate criminal duty because of the age, need puts special school, the orgnaization that lets major is received.
"First legislative, financial capacity of material resources of again unified and devoted manpower goes doing such orgnaization. " Yang Wen battle says.
Article victim and family member all are alias.
