There is a legal case circulating:
A woman was electrocuted and sent to the crematorium by her family, but the machine at the crematorium broke that day, so she put the woman's body there. A young man named Big Bull happened to pass by and saw that the woman was beautiful, so she was moved, even though she knew it was a corpse. However, what he did not expect was that in the process, the female corpse suddenly woke up halfway because of the stimulation. "Live", and now, things have taken a big turn. The woman called the police immediately after coming out of the crematorium. As a result, the bull was quickly arrested.
This is a case of legal teaching, because it feels special, we may wish to take a look. We may really be impressed by the big bull, who has a desire for sex and won't let go of the corpse. That's the courage we need.
Of course, there are still more and more people who scold the big bull for not being human, and even don't let go of his body. What is it?
However, in reality, such a thing really happened.
In September 2016, after a car accident in Faku County, Shenyang City, a 22-year-old male suspect was arrested on suspicion of insulting his body. It turned out that she had been arrested for insulting the female corpse. From a legal point of view, it seems that it should be characterized as "the crime of humiliating the corpse". It can be said that such a thing is extremely shocking and extremely spurned.
In this case, however, the situation is somewhat special.
Because, in the process of misconduct, the big bull let this woman give up halfway.
It's complicated. So should it be defined as "rape" or "corpse abuse"?
See some reviews:
When you give your life, save your life! If this is rape, artificial respiration and chest compressions on a drowning woman are obscene. First the bull is sinful, then he is the savior of the dead, depending on whether the dead come back to life and call the police or thank him. Too many comments make me want to laugh. These comment areas are all responses from God. It can also be seen that different people have different views on the same thing, but one thing seems to be the consensus, that is, this kind of behavior is dirty and criminal.
Therefore, it is necessary to catch this big bull.
So, should he be sentenced to "rape" or "insulting a corpse"?
This requires an understanding of both charges.
Article 236 Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever rapes a minor girl under the age of fourteen shall be punished heavily on the basis of rape. One thing seems clear here is that the victim here should be a living person, not a corpse.
Article 302 Whoever steals, insults or intentionally destroys a corpse, corpse bone or ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. It is also clear here that the object of insult should be a corpse rather than a living person.
In this case, however, the woman lived after death. Then the woman was both a corpse and a living person. This becomes the final difficulty.
However, from the whole case, we can see that when the woman committed the insulting act of the bull, she was a corpse, and the intuitive behavior of the bull itself was also insulting a corpse. Therefore, in the end, the big bull was sentenced to "insulting the corpse". Do you think that makes sense?
In fact, as a legal level, many complex things are often difficult to define, but if there is a need for final definition, it is necessary to fully demonstrate. The result of this case is actually very clear, that is, the big bull must be convicted, and it is absolutely impossible to be innocent, or even exonerate, let alone get rewarded. Isn't it?
Friends, this is a bizarre case study I saw, I think it is very interesting, it is also very special, but also let us have more understanding of the law, I don't know how you will look at this case after you see it? How do you think this should be judged?