Write civil | Cai Eryi
Politics tell a group (small letter ID:wEpolitics) learn from highest check respect, on July 10, procuratorate of people of division of Shanghai general Tuo commits a crime with be suspected of blame of act indecently towards children be opposite lawfully suspect king some approval arrests such-and-such, Zhou Mou. The case is being dealt with further in.
This case gets outside attention fully all the time.
On July 3, much home media says, appear on the market company new city charges a president because Wang Mou is act indecently towards 9 years old female child, this month 1 day is adopted in Shanghai coercive measures.
Public data shows, new city charges a president " Wang Mou " specific for Wang Zhenhua, this year 57 years old.
That day evening, shanghai police bulletin affirms some is suspected of Wang Mou act indecently towards female child belong to solid, have suspect of a crime additionally also by punishment arrest.
Alarm the bulletin shows sentiment:
Police of Shanghai general Tuo on June 30 22 when make receive Ms. Wang to call the police, call its the daughter by friend week such-and-such (female, 49 years old, jiangsu person) merge into to Shanghai from belt of Jiangsu native place this city one hotel, its daughter suffers one man inside the room after act indecently towards. On July 1 afternoon, commit a crime below police work suspect king is such-and-such (male, 57 years old, jiangsu person) accept investigation to public security mechanism. Late on July 2, guilty suspect Zhou Mou some confesses some crime to public security mechanism. Current, guilty suspect king week is such-and-such, such-and-such because be suspected of blame of act indecently towards children,already was detained by criminal of Pu Tuo police, the case is in further investigation.New city accuses a respect to be released that evening " the announcement that changes about company president " say, because individual reason is detained by criminal,the company controls Wang Zhenhua of person, president actually, company voting trustee holds president Wang Xiaosong concurrently to assume president of the 2nd board of directors of company. It is reported, wang Xiaosong is Wang Zhenhua child.
Ferment further as incident, much home mainstream ends intermediary publishs a comment with respect to this incident in succession, criticize is act indecently towards female child incident.
The People's Daily is published 3 days small judge " 3 ask be suspected of act indecently towards female child incident " .
The comment says, suspect king is such-and-such already by punishment arrest, still too much interrogation needs to pull straight. Be act indecently towards after all still rape? "Carry " young female whether to put in clammy increase chain? Does the suspect have asexuality to invade female child criminal record? The case still is being investigated, the truth won't roam about too long. Beefeater children rights and interests is safe, not allow to a bit compromises and be hit fold.
On July 5, new city accuses issue open letter, say on July 3 " it is a storm " .
"The society is just justice, it is the mankind can the bottom line of accrete development. Anybody offended it, must be punished. We and social community are same, think minor is social future, the behavior of any enroach on minor must accept law to punish severely " .
Be in on July 8, thirteenth of Wang Zhenhua of cancel of Shanghai the Chinese People's Political Consultative Conference qualification of committee member of Shanghai the Chinese People's Political Consultative Conference.
Be approved to catch in Wang Zhenhua today, substation of Pu Tuo of Shanghai public security bureau released a circumstance to report, allude in the bulletin, current, public security mechanism is launching thorough investigation further to this case. Police will be checked after all stoutly, make a thorough investigation of in the round details of a case. If broad masses has relevant clew to be able to be offerred to public security mechanism.
Nowadays, the case is being advanced ahead step by step according to judicatory program.
Say details of a case, will unscramble doubt.
One of, square message weighs check, wang Zhenhua is approved in order to be suspected of blame of act indecently towards children to catch. What is the distinction of blame of act indecently towards children and forcible rape?
See law of one laxative remedy set first.
Han Xiao of solicitor of office of Kang Da's attorney tells Beijing Zheng Zhijun, forcible rape and blame of act indecently towards children basically have 4 distinction:
The subject of behavior is different: The main body of behavior is before year full the male of 14 one full year of life; The main body of behavior is after year full the male of 16 one full year of life or female. The purpose that does not have illicit sexual relations differs: The purpose of behavior depends on before with be had sex by object of illicit sexual relations; Behavior does not have this purpose after, its seek stimulation to come through act indecently towards children only, satisfy oneself unbalanced sexual desire. The kind of behavior is different: The means of behavior is the behavior of illicit sexual relations before, can happen between the opposite sex only; The requirement that the means of behavior has sex because of notting have after, can happen between the opposite sex already so, OK also between the same sex happening. The object of place enroach on is different: The object of behavior place enroach on is before not full of 14 one full year of life young female and full already the woman of 14 one full year of life; Hind the object of behavior place enroach on is not full the children of 14 one full year of life, can be female children already namely young female, also can be male children.He says, if go to be in for the person illicit sexual relations young female around, carried out dig or dig out with a finger or sth pointed to feel young female private parts, should young female dally with for it, of the act indecently towards behavior such as absorb genital, belong to absorb make, hind behavior by before behavior place is absorbed, should in order to admit act namely before the criminal duty that the forcible rape that behavior forms investigates behavior person lawfully.
If Wang Zhenhua is sentenced finally to be blame of act indecently towards children by law, a few years to sentence at most?
Liu Dongxiao of solicitor of office of attorney of Beijing hall cabinet says, illicit sexual relations is malcontent of 14 one full year of life young female, highest measurement of penalty 10 years, blame of act indecently towards children is highest measurement of penalty 5 years; If have abominable plot e.g. illicit sexual relations / act indecently towards much person perhaps caused extremely serious consequence to the injured party, forcible rape is in set term of imprisonment of 10 years of above, life imprisonment or capital punishment, namely highest and OK achieve capital punishment, blame of act indecently towards children is in set term of imprisonment of 5 years of above.
Secondly, before this " China runs a newspaper " exposure, wang Zhenhua has capacity of Canadian permanent resident, whether can this affect a case?
Liu Dongxiao says, above all, produce magnate identity in the light of Shanghai ground, not only " constitution " the level emphasizes " citizen of People's Republic of China is uniform before law equal " , regard a branch as the law " criminal law " also emphasize " commit a crime to anybody, in applicable jural uniform equality. Do not allow anybody to have the privilege that surmounts law " .
"Next, canadian permanent resident is not join Canadian citizenship, still belong to our country citizen, law of merit our country administer; Retreat 10 thousand paces to tell, although this party does not belong to our country citizen, according to the regulation with criminal law jurisdictional apanage, still answer applicable our country " criminal law " undertake handling. Because afore-mentioned identities of this party won't affect his,conviction. Because afore-mentioned identities of this party won't affect his,conviction..
Thirdly, if have new thread really, discover Wang Zhenhua still is suspected of act indecently towards someone else other perhaps charge, how will handle?
Han Xiao says, broad masses sets to the act be good law of clue of public security mechanism. If have new thread really, discover Wang Zhenhua still is suspected of act indecently towards someone else other perhaps charge, public security mechanism ought to the investigation detain deadline of recount Wang Zhenhua, undertake to new old crime and case processing.
" criminal procedural law " the 160th regulation, "During investigate, discover guilty suspect has serious crime additionally, the according to since the day that discovers oneself 156 formulary recount investigates Benfadi detain deadline. The according to since the day that discovers oneself 156 formulary recount investigates Benfadi detain deadline..
The 156th sets, "The investigation detain deadline after be being arrested to guilty suspect must not exceed 2 months. Details of a case at the expiration of one's term of office of complex, deadline cannot terminative case, can extend a month via approval of procuratorate of people of on one class. Can extend a month via approval of procuratorate of people of on one class..
According to afore-mentioned legal provisions, in investigation process, if discover those who have serious crime Wang Zhenhua is additional, the recount since the day that ought to discover oneself investigates detain deadline.
"If discover the accomplice with Wang Zhenhua's new new perhaps crime, need investigates criminal duty, ought to make afresh sue opinion book, move send people procuratorate to examine; If discover the fact of Wang Zhenhua crime that holds formerly has major change, ought to put forward to treat an opinion afresh. Ought to put forward to treat an opinion afresh..
Data | People net China manages newspaper Xinhua News Agency to wait
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