Source: Xiaoxiang Morning News
Original title: rape case? Plus play is wrong.
A 16-year-old teenager raped a 17-year-old girl, and the Lushan County Procuratorate prompted both parents to sign a settlement agreement "to clear up the suspects". Juvenile bail pending trial back to school, the incident triggered controversy among netizens, juvenile rape why can be released.
On September 25, the Henan Provincial Procuratorate responded to media reports that bail pending trial is also a compulsory measure. The case is still under review and prosecution and will be enforced in accordance with the court's decision. It also said that "inadequate interpretation of the law causes public opinion incidents" before this, and that education and training will be strengthened and accountability procedures will be considered.
Grassroots prosecutors and related experts say the problem is more than just misuse.
"Ice release suspects" these four words a few days ago on the hot search, the reason is that the procuratorate in Lushan County, Henan Province published a few days ago, "prosecutors intervened by both sides ice release suspects" article, said is a junior high school rape case of juvenile girls, the article triggered a heated debate among netizens: rape case how to "ice release suspects"? Can 80 thousand dollars be enough for rape girls?
The media also found that on March 24, this year, the hospital officially issued a happy newspaper, selected juvenile cases successfully selected into the procuratorial organs of Henan Province high-quality cases. The case is a high school student in Lushan Li murdered, after the prosecutor intervened to facilitate reconciliation between the two sides, and finally sentenced to three suspended Li was bailed pending trial, transferred to another high school.
On September 25, the Henan Provincial Procuratorate held a press conference to respond to both cases, the accident was the local Procuratorate in the process of propaganda and reporting, "interpretation reasoning is not sufficient, the perspective of propaganda is not good grasp." Next, we will strengthen education and training, and consider the initiation of accountability procedures. Xiaoxiang Morning Post reporter contacted a grass-roots prosecutor in Hunan to interpret the matter.
Giving the public the illusion that money can be exempt from punishment.
Lu Shan County Procuratorate earlier that article disclosed: this year 16-year-old Xiao Zhao is a middle school in Lushan County junior two students. In the summer vacation, Xiao Zhao forced a sexual relationship with a 17 year old girl (a pseudonym). In July 24th, the Lushan Mountain County Procuratorate made a decision to arrest Xiao Zhao. The article also mentioned that Han, a prosecutor hosting the case, gave psychological counseling to Xiao Zhao. The prosecutor of the case calls the parents of both sides together to contact the local mediation committee to mediate between the two parties. Eventually, the parents of the two sides "iced the old suspect", signed a voluntary settlement agreement, Xiaozhao parents compensation Xiaohua parents 80,000 yuan.
Then, the prosecutor rushed to start school in early September, Xiao Zhao's compulsory measures from arrest to bail pending trial, Xiao Zhao was able to return to school at the beginning. Xiao Zhao's mother sent a flag to the procuratorate, and the Lushan Mountain County procuratorate micro-blog had a photo.
Compensation of 80,000 yuan "to clear up the old suspects", the child returned to school, the incident triggered questioning netizens, related articles and microblogs were subsequently deleted. On September 25, Zhang Ping, director of the Propaganda Department of the Henan Procuratorate, confirmed and explained that bail pending trial is also a compulsory measure. The case is still under review and prosecution. The final judgment of the court must be carried out in accordance with the judgment of the court.
In an interview with this newspaper, a grass-roots prosecutor in Hunan Province said that Lushan County Procuratorate in the propaganda there are several major problems, the first is to give the public the illusion that "money can be exempted from punishment". In fact, the Lushan County Procuratorate has approved the arrest of the suspect. After the arrest, because the suspect is a minor, and is a student in school, according to the provisions of the necessity of custody review activities, that is, whether the suspect is necessary to custody. If the review finds that there is no social danger, mandatory measures can be changed to bail pending trial, in fact, is not in prison, but still need to accept the trial of the court, does not mean that the suspect does not have to go to prison.
Criminal reconciliation is a serious procedural offence.
The grass-roots prosecutor said that the word "reconciliation" in the Lushan Mountain County procuratorate article was inappropriate. Criminal procedural law clearly stipulates that criminal reconciliation only applies to two types of cases: one is civil disputes; the other is negligent crime. Rape is obviously not a civil dispute. It is a typical intentional crime and it is not a negligent crime.
He said that in this case, the procuratorate proceeded from safeguarding the rights and interests of the victims, organized mediation between the two sides, and the family of the suspect compensated the victims for losses of 80,000 yuan, which is only a civil compensation has been resolved, from the criminal law can be discretionary light punishment.
Liu Changsong, a senior criminal defense lawyer at Beijing Mugong Law Firm, said in an interview with the media that it was very improper for the Lushan County Procuratorate to conduct criminal reconciliation between the parties involved in the serious rape case. Procuratorial organs have the national judicial power, and they repeatedly do "work" to the victim, asking him to accept reconciliation, how dare the victim not accept the "suggestion" of the procuratorate, which is authentic "mediation" (or even the flavor of mandatory mediation) rather than "reconciliation".
Step by step, even if the case can be criminal reconciliation, the way of handling the procuratorial organ is also questionable. The Criminal Procedure Law stipulates that if the two parties reconcile, the public prosecution law shall listen to the opinions of the parties and other relevant personnel, examine the voluntariness and legality of the reconciliation, and preside over the production of the reconciliation agreement. It can be seen that criminal reconciliation is a voluntary agreement between the two parties rather than a judicial organ to promote, the public prosecution and law organs in which only the role of examiner, presider. In this case, "the prosecutor summoned the parents of both sides together and contacted the local mediation committee for reconciliation", which is a serious violation of the law in procedure.
The victim's understanding is not "let go of past forbears".
The grass-roots prosecutor in Hunan said that the term "let go of past feelings" is not appropriate. Compensation can be obtained to the greatest extent to comfort the victim, the victim of the suspect's behavior to be understood, but can not be used as a rape crime, still need to prosecute, to accept the law trial.
Lushan County Procuratorate Weixin Bulletin on March 24 announced that a selected case was selected into the second procuratorial boutique case of minors in Henan Province procuratorial organs. The article said that both parties are students of a high school in Lushan, the case is a school bullying caused by intentional homicide, the victim slightly injured. The prosecutor of this hospital gave the murderer Li Mou psychological counseling, psychological intervention to the victim, actively facilitated the reconciliation between the two sides, changed the compulsory measures of Li Mou into bail pending trial, and coordinated the education department to transfer Li Mou to another high school. Yin Qingli, a senior criminal lawyer, said in an interview with the media that Li Mou, who has reached the age of 14, should bear criminal responsibility. The practice of the hospital is not consistent with the principles of criminal law.
Point of view
Want to highlight the work, add play and ignore public feelings.
Hunan grass-roots prosecutors interviewed by this newspaper told reporters that on the whole, the procuratorate of the rape case to organize the mediation between the two sides is not improper, but the publicity of the Lushan procuratorate is not professional, leading to good intentions to do bad things. Writers are too eager to highlight the work of prosecutors, to "play on" themselves when writing articles, not paying attention to the use of words, ignoring the subjective feelings of the public. In fact, the prosecutor is very sad, because the hard years accumulated by the good image of the case, but also can not withstand a failed publicity caused by public opinion caused by the injury.
Yin Qingli, a senior criminal lawyer, also said in an interview with the media that "the handling and Adjudication of such serious violent crimes are likely to bring about a wrong model effect on the current junior and senior high school students'education of the rule of law, which is the most deadly."
Our reporter Zhou Lingru reports from Changsha
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