Media commented "80 thousand yuan settlement of rape": does the procuratorate knowingly violate the law?


Media commented

Original title: rape 80 thousand yuan reconciliation, procuratorate knowingly violate the law?

On September 19, the official micro-blog of the People's Procuratorate of Lushan County, Pingdingshan City, Henan Province, published a micro-blog on which the prosecutor was sent Jinqi by the parents of a junior high school student. Attack fiercely. In September 21st, the incident was on micro-blog's hot search list, and the procuratorate had already deleted relevant micro-blog.

The screenshots of the netizens showed that the parents of the 16 year old junior high school boy Zhao were sending the banner. Xiao Zhao had a forced sexual relationship with 17-year-old Xiaohua on the spur of the moment. According to legal procedures, the case was transferred to the People's Procuratorate of Lushan County for examination and arrest. According to a statement issued by the procuratorate, the prosecutor mediated the two parties and their relatives in accordance with the principle of "two-way protection and priority of protection", and eventually the two sides agreed to reconcile. Xiao Zhao's family compensated Xiao Hua for 80,000 yuan. The procuratorate also changed the compulsory measures against Xiao Zhao from arrest to bail pending trial. The new term can continue to study on campus. Xiao Zhao's parents thanked the prosecutor for his work, which has a micro-blog picture for the prosecutor sent a "law enforcement for the people, due diligence, affection for young people, devoted to help" banner.

After reading the procuratorate's own propaganda manuscript and the news website's report on "reconciliation after junior high school students rape girls", many netizens were outraged, saying that the prosecutor disdained the law, moved out of the criminal law for the legal provisions of rape to question the procuratorate, and the parties to the vicious words. But what does the procuratorate do is really "knowingly breaking the law"?

China's Criminal Procedure Law stipulates that the functions and powers of the People's Procuratorate include the decision of the criminal suspect to use detention, bail pending trial, residential surveillance or detention measures; the approval or decision of the criminal suspect to arrest, and the necessity of detention after arrest; and the prosecution of criminal suspects. A decision of prosecution, non prosecution or conditional non prosecution.

That is to say, before the case is transferred to the court for trial, the procuratorate has the right to take compulsory measures against the criminal suspect, examine the facts of the case, and make a decision whether to prosecute. The prosecutor in this case mediate the fact of the case when examining the facts of the case. According to judicial practice, if both parties reach a certain degree of reconciliation, in the formal trial, the sentencing of criminal suspects may be reduced. Therefore, this case is not the prosecutor to let Xiao Zhao escape from the legal sanctions, but only to reduce the sentencing of minor Xiao Zhao as far as possible, in order to achieve the protection of minors.

Since Xiao Zhao has done something wrong, why can he return to school? This brings us to the two concepts of coercive measures, through the procuratorate's article we can see that Xiao Zhao had been arrested, that is, although he has not yet accepted the trial, but personal freedom is restricted, need to wait in the detention center for the court to hear. But through the mediation of the prosecutor, after the two parties reached a settlement, Xiao Zhao's compulsory measures became bail pending trial, bail pending trial refers to the people's procuratorate ordered the criminal suspect, the defendant to put forward a guarantor or pay a deposit, in order to ensure that they do not evade and obstruct the proceedings and follow. Because of the minor Xiao Zhao Cheng's sincere regret, the two sides have reconciled and it is not easy to escape in school, the procuratorate for Xiao Zhao bail pending trial is also reasonable. That is to say, the prosecutor's action is only to reconcile the two parties in civil matters, while in criminal matters Xiao Zhao may still need to accept the trial of the court.

This was originally a positive energy event used by the procuratorate to promote political achievements and embody humanistic concern, but why has it become the focus of cyber criticism? The author believes that this is not related to the Procuratorate's proper way of publicity. In today's society, the public's legal literacy needs to be improved, and not everyone can master a complete set of criminal proceedings. People only judge the behavior of the court and the procuratorate according to the guidance of news media reports and the original moral concept.

In the article published by the Lushan County Procuratorate, the focus of their propaganda is how the prosecutor thinks about the minors and how Xiao Zhao returns to school with the help of the prosecutor. There is no sufficient explanation of the relevant laws, nor is it clear whether Xiao Zhao will continue to be prosecuted. The public will naturally understand that Xiao Zhao spent money to settle the matter. After the incident, Lushan County Procuratorate only deleted the relevant articles, did not clarify the first time, is also a relatively failed crisis public relations case, can only push the public to the opposite.

Therefore, the author believes that the judicial organs of our country need to strengthen the study of communication methods, and actively popularize law in a way that is acceptable to the real people. At the same time, they also need to keep the information open and transparent, and promote mutual trust between the two sides. Every government organ opens its own media account in order to close the gap with the public and enhance its credibility. Wouldn't it be a pity if it could make half the effort because of inappropriate means of communication?

Wen / Kou Yating

Editor in chief: Wu Jinming


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