In vain the expectations of the people, the murder of a junior high school student in Handan finally ushered in a milestone breakthrough.
As this netizen said, minors should not be a shield for criminal offenses, as long as the three suspects are sentenced severely, there will be a precedent, and there will be reference value in the future.
From the day of the incident, after 30 days of waiting, including criminal detention, investigation, and autopsy, the final word was finally ushered in: it was agreed to approve the criminal responsibility of the three suspects in the case.
In other words, minors can be sentenced!
This also means that these three suspects, whose age is no longer a shield for crime, will be tried by the most severe law in the future.
This is an immediate effect for the entire group of minors:
- Don't stretch out your hand, stretch out your hand to sentence you! It is impossible to be extrajudicial and benevolent, and it has also played the role of knocking on the mountain and shaking the tiger.
Of course, it is also necessary to mention that the prosecution review cycle, which originally took four months, has now taken only one month, and the Supreme People's Procuratorate has made a final decision, which is enough to reflect the importance that the whole society attaches to the case.
With such an advance, I believe that in the near future, the case will definitely come to light, and the suspects will be held accountable in accordance with the law, and at the same time, the victims' families will be given an explanation, and the people will be given justice.
Event recap
March 16, the first seven of the child.
Although the child's body is still in the funeral home, the whole village spontaneously came to see the child off......
A glimpse of the whole leopard can be seen, which is enough to show the weight of this case in the hearts of the people.
Looking at the child's mother and aunt, I was even more grief-stricken.
When the child was found, he was buried in a pit up to 56 centimeters deep.
The lawyer had gone to the site to conduct experiments, and the soil in the burial site was so hard that it was difficult for an adult to dig such a large pit in a short period of time.
In addition, this pit was dug by three of their junior high school students the day before, and the police have reason to judge that this is a premeditated means of committing the crime.
On the second day of the child's first seven days, the child used his body to convey the "process of victimization" to the outside world, and the father and the lawyer were present at the scene the whole time.
The father did not say a word, but the lawyer next to him clearly noticed the child's father, who endured huge psychological fluctuations.
Subsequently, the child's father sent such a video in the early morning, which can read the grief in a father's heart.
You must know that the autopsy results have not been officially announced at that time, but the truth about the child's murder has been read between the lines: it is obvious that the child's body was extremely severely damaged before his death!
China News Weekly interviewed Su Mingyue, a juvenile delinquent, who gave a deep and in-depth answer, and then responded to the five questions that netizens were most concerned about
The first question: What is the maximum sentence for the three minors in this case?
Although the three suspects have now been criminally prosecuted and have entered the trial process, according to the requirements of the mainland's "Juvenile Delinquency Law": juveniles are not suitable for the death penalty, so the death penalty is excluded.
In other words, the highest criminal liability is life imprisonment, and it depends on the severity of the case, such as a very serious felony, which will eventually be the outcome of the trial.
The second question: Why is the death penalty not applied to minors in the mainland?
Here is a premise to mention, looking at the world, the death penalty is no longer legally applicable to minors, which is a common trend in the world.
- Nowadays, in some countries outside, not only minors, but also adults are no longer eligible for serious crimes, and of course there is a distinction between different countries and different systems.
- For countries that still retain the death penalty, the criteria for judging the death penalty will also be very carefully considered.
The legal expert also made a point in particular: if he was a minor at the time of the crime, he cannot be sentenced to death as an adult, even if he is already an adult at the time of trial.
The third question: The 2023 white paper on juveniles shows that juvenile crime continues to rise, how do you view this phenomenon?
The original intention of the "Juvenile Protection Law" was to protect our minors, but why the age of criminal responsibility has been repeatedly lowered is mainly because we have to face a problem: juvenile delinquency is getting younger and younger.
In this case, it's hard to imagine:
- They will dig a pit twice, and for such a premeditated crime, including serious damage to the victim's body, it is so cruel that even adults are afraid of minors.
The breakthrough of the case is the transfer record of 119 yuan, which is also an important clue for the police to lock the suspect for the first time.
If the distinction is made according to the same crime, adults are sentenced to three or five years, while minors may be sentenced to only two years, or even less.
Fourth question: Will the suspect's parents be held accountable?
In accordance with the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency, the two laws are divided into three main classes: bad behavior, serious bad behavior and crime.
Parents or guardians have an obligation to stop and strengthen discipline of minors, and local neighborhood committees also have the responsibility to urge parents to fulfill their responsibilities.
- And there are some remarks about the outside world: since minors cannot be sentenced, then let the guardian take the blame, similar to the ancient joint sitting, and then investigate their criminal responsibility.
This is incorrect.
Of course, the guardian bears civil liability, such as civil compensation to the injured party.
The school also has an obligation to strengthen management, and if there is a fault, there is also a responsibility allocation, and the education department will impose a penalty on the school.
Question 5: Is it legal to use age as a watershed to distinguish between convictions?
In response to this issue, Su Mingyue suggested that the state consider setting up a special juvenile justice system, so as to jump out of the scope of criminal law conviction and re-establish a judicial system specifically for juveniles.
It can not only restrain his freedom, but also make a reasonable conviction without reference to adult law, and most importantly, it can be evaluated from time to time, so that he can be restored to his freedom.
Judging from the current development of this case, there has been a great breakthrough in the mainland juvenile protection law!
The three suspects were severely sentenced, and now they are ironclad, but they don't know that the parents of the three children are panicking now? Have they long forgotten the truth that "the son is not the fault of the father"?
Everyone, what do you think of this case?