On August 24, netizens (id: Xiaoyi hopes that the bad guys will be punished) posted a complaint accusing Qian Feng, the host of Hunan Satellite TV, of raping him, and once the matter was exposed, it caused an uproar. At present, the incident is inconclusive, this article sorts out the incident and interprets the legal knowledge involved.
On August 24, netizens (id: Xiaoyi wants the bad guys to be punished) claimed in its post:
In 2018, netizens "Xiaoyi" participated in the daily upward program group of Hunan Television Station to record work together, and there was no contact with Qian Feng throughout the whole process. After recording that night, I suddenly received a message from the staff of the program group, meaning that their host wanted to know me, make a friend and add a WeChat friend. Then Xiaoyi and Qian Feng added friends.
On February 14, 2019, Qian Feng and a number of friends and Xiaoyi had dinner at a small bar, which was also the first time they met. That night, Qian Feng persuaded Xiaoyi to drink a lot of wine,
Later, Xiaoyi contacted the driver of the ride-hailing car that night, and the girl said not to move her, she was going to be angry. And kept shouting to go home, and Qian Feng dragged her out of the car.
Then Xiaoyi checked the surveillance of the night,
After the incident, Xiaoyi decided to call the police...
On August 24, 2021, two years later, this netizen named Xiaoyi exposed the matter in the evening, which attracted widespread attention from netizens. On the same day, the Shanghai police issued a police intelligence circular to explain the matter.
Immediately after accepting the alarm, the police formed a special case team to carry out a comprehensive investigation, and the special case team comprehensively believed that the existing evidence could not prove the existence of rape crimes. As a result, the police made a decision not to file a case in accordance with the law.
However, on August 25, netizen "Xiaoyi" posted again, responding to the concerns of netizens, claiming:
Netizen "Xiaoyi": There is a video of the interrogation room, please release it by the police. If Qian Feng admits it, please investigate Qian Feng in accordance with judicial procedures. If I frame, I am willing to bear all judicial responsibility.
The image is from Weibo
Article 112 of China's Criminal Procedure Law stipulates that people's courts, procuratorates, and public security organs shall promptly conduct a review of reports, accusations, etc., and when they find that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case.
That is to say, the standard for filing a criminal case under the law of our country is: According to the information reflected in the police intelligence report, the public security organs, after a comprehensive investigation, found that the existing evidence could not prove the existence of rape. Therefore, it is in accordance with the law that the public security organs have not filed a case.
Article 112:People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials for reporting, making accusations, reports, and voluntary surrenders in accordance with the scope of their jurisdiction, and when they find that there are criminal facts that need to be pursued for criminal responsibility, they shall file a case; If the accuser is not satisfied, he may apply for reconsideration.
If Qian Feng had indeed personally admitted to rape, this factor would have promoted the public security organs to file a case.
However, according to the provisions of Chinese law, if only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; without the defendant's confession, and the evidence is credible and sufficient, the defendant may be found guilty and punished.
After the case enters the litigation stage, Qian Feng's admission cannot play a role in convicting alone, and whether the existence of criminal facts can be determined needs to be comprehensively determined in conjunction with the evidence in the case.
Article 55 of China's Criminal Procedure Law provides: The sentencing of all cases should emphasize evidence, investigation and research, and not credulous confessions. Where only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and sentenced; without the defendant's confession, and the evidence is credible and sufficient, the defendant may be found guilty and punished.
When we watch movies, TV series and other film and television works, we can always come into contact with a word "statute of limitations", if this time limit is exceeded, the criminal suspect can "escape the punishment of the law" and "go unpunished".
In this case, netizen "Xiaoyi" claimed that Qian Feng raped, and China's law stipulates that the crime of rape can be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, fixed-term imprisonment of more than ten years, life imprisonment or death, and the statute of limitations can reach 20 years.
Even if the netizen "Xiaoyi" calls the police after a gap of two years, it will not affect the prosecution of possible cases.
(Author: Chen Jiahao Work unit: Yingke Law Firm Wang Beibei lawyer team)
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