01

Amanda Todd's suicide



Date: October 10, 2012

Age: 15 years old

Location: British Columbia, Canada

Significance: Promote research and defense against cyberbullying in Canada

Event: Amanda met a man in a video chat during the 7th grade. The Dutch man won Amanda's trust by complimenting her on her appearance, and then used all means to get the underage Amanda to take off her shirt and leave a screenshot of the video. Unbeknownst to Amanda, Amanda remained on good terms with the man until a year later, when the Dutchman asked Amanda to put on a "show" for him, or else he would have sent the previous photos to Amanda's friends.

On Christmas Day 2010, Amanda received a notice from the police that her photo had been reposted wildly on the Internet, and the comments from all over the world caused Amanda to become anxious, depressed, and have symptoms of panic disorder. Then the comments got worse and worse, with more and more people saying "It's better if Amanda died". Amanda and her guardian realize that things are out of control and decide to move to another school.

After moving, Amanda's psychological condition did not ease, and she began to drink heavily and was exposed to drugs. A year later, however, something terrible happened again – the Dutchman reappeared, opened a new account on Facebook using Amanda's former photos as an avatar, and contacted Amanda's new classmates. For a while, the insults and insults were overwhelming again, causing the Amanda family to move again.

No one wants to communicate with Amanda, and Amanda, who is rejected by everyone, can't find the meaning of her life. At this time, one of Amanda's former "friends" suddenly contacted her and invited Amanda to his house. At the friend's house, Amanda had sex with her, but a few days later, the "friend's" girlfriend led 15 men to block Amanda at school, beat and verbally abuse her, and dumped her in a ditch. Amanda once again doubts the meaning of her existence and makes up her mind to end her life.



"Every day I wonder why I'm still alive"

Amanda was taken to the hospital for gastric lavage after drinking pbf and was saved, but that didn't stop her bullies. After she got home, she found that her message board was full of insults and gloating messages, and many people said that they were a little sorry that they didn't die, and some people even asked her, "Why don't you change the brand of PBF to drink?"

In 2012, Amanda's family moved to another city to try to start over. But wherever Amanda moved, the Dutch man was always with him. He reached out to students, teachers, and even parents of students at his new school on Facebook and spread Amanda's videos and photos. Within six months, students at the new school also began bullying Amanda, making Amanda's mental condition worse and self-harming.



"They said, 'I hope she's going to kill herself when she sees this.'"

Amanda's parents send her to a psychiatric center for mental rehabilitation, but her classmates don't let Amanda go - it turns out that Amanda was just a slut, and now she's a crazy slut. Eventually, on October 10, 2012, Amanda committed suicide at home after uploading a video titled "My Story: Struggling, bullying, suicide and" to youtube self-harm) with a handwritten card about his experiences and pain.

Investigation: Following Amanda's suicide, the Royal Canadian Mounted Police (RCMP) began an investigation into the incident. They found that as early as 2011, there were many police records about Amanda's video, Amanda's family repeatedly reported to the police that some teenagers were being persecuted by criminals, and others expressed concern to the police, but according to CBC News, the RCMP did not take action and said "nothing that could be done" to Amanda's family.

After traveling to three countries, the police finally found out the location of the 35-year-old Dutch man and arrested him in 2014.

Prisoner information: After the search, the police found that Amanda was not the only target of the prisoner: in the prisoner's computer, the police found a large number of images of children, as well as 5,800 potential victims who were flagged as "extortionable" and their social network information.

In 2015, the defendant insisted on his innocence, claiming that the police had fabricated the evidence and blackmailed Amanda and the other victims, and in 2017, the man, Aydin Coban, was sentenced to 10 years and 8 months in prison in the Netherlands on 72 charges against 39 victims (34 women and 5 men from different countries), and in the future, Aydin Coban will be extradited to Canada to face his five charges

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A person between the ages of 14 and 16 who commits the crimes of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or disseminating dangerous substances shall bear criminal responsibility.

Where a person who has already reached the age of 14 but is not yet 18 years old commits a crime, the punishment shall be mitigated or commuted.

Where criminal punishment is not imposed because he is under the age of 16, his parents or guardians shall be ordered to discipline him, and when necessary, he may also be taken into custody and re-education by the government.

2、

In order to correctly hear juvenile criminal cases and implement the principle of "education first, punishment secondary", on the basis of the provisions of the Criminal Law and other relevant laws, the following interpretations are made on several issues concerning the specific application of law in the trial of juvenile criminal cases:

Article 1: "Juvenile criminal cases" as used in this interpretation refers to cases in which the defendant was between the ages of 14 and 18 when they committed the alleged crime.

Article 2: The "first birthday" provided for in Criminal Law article 17 is calculated in accordance with the year, month, and day of the Gregorian calendar, and is calculated from the day after the first birthday.

Article 3: In the trial of juvenile criminal cases, the defendant's age at the time of committing the alleged crime shall be ascertained. The judgment documents shall indicate the year, month, and day of the defendant's birth.

Article 4: Where there is insufficient evidence to prove that the defendant had reached the legally-prescribed age of criminal responsibility at the time of committing the alleged crime and it is truly impossible to ascertain it, it shall be presumed that they have not reached the legally-prescribed age of criminal responsibility.

Where the relevant evidence is sufficient to prove that the defendant had reached the legally-prescribed age of criminal responsibility at the time of committing the alleged crime, but it is not possible to accurately ascertain the defendant's specific date of birth, it shall be found that they have reached the legally-prescribed age of criminal responsibility.

Article 5: Where persons who have reached the age of 14 but are not yet 16 years old carry out conduct other than those provided for in paragraph 2 of Criminal Law article 17, and at the same time violate the provisions of paragraph 2 of Criminal Law article 17, they shall be convicted and punished in accordance with the provisions of paragraph 2 of Criminal Law article 17.

Article 6: Where persons who have reached the age of 14 but are not yet 16 years old occasionally engage in conduct with underage girls, and the circumstances are minor and do not cause serious consequences, it is not considered a crime.

Article 7: Where persons who have already reached the age of 14 but are not yet 16 years old use slight violence or threats to forcibly demand that other minors carry daily necessities or school supplies or money in small quantities, and do not cause the victim minor injuries or more, or do not dare to go to school normally to study or live, or other harmful consequences, it is not considered a crime.

Where a person who has already reached the age of 16 but is not yet 18 years old has the circumstances provided for in the preceding paragraph, it is generally not considered a crime.

Article 8: Where persons who have reached the age of 16 but are not yet 18 years old, arbitrarily assault other minors, repeatedly force other minors to force them, or arbitrarily damage public or private property, disrupting order in schools and other public places, and the circumstances are serious, they are to be convicted and punished as the crime of picking quarrels and provoking trouble.

Article 9: Where a person who has reached the age of 16 but is not yet 18 years old has committed theft more than three times, and although the amount of theft has reached the standard of 'relatively large amount', but after the case is discovered, they can truthfully confess all the facts of the theft and actively return the stolen goods, and in any of the following circumstances, it may be found that "the circumstances are obviously minor and the harm is not great", and it is not considered a crime:

(1) is a person who is deaf and mute or blind;

(2) Playing a secondary or auxiliary role in joint theft, or being coerced;

(3) There are other minor circumstances.

Where a person between the ages of 16 and 18 is engaged in an attempted theft or is suspended, it may not be considered a crime.

Where a person who has reached the age of 16 but is not yet 18 years old steals the property of his or her own family or close relatives, or steals the property of other relatives but the other relatives request that they not be pursued, it may not be handled as a crime.

Article 10: Where a person who has reached the age of 14 but is not yet 16 years old steals, defrauds, or robs others' property, and uses violence on the spot to intentionally injure or cause serious injury or death, or intentionally kills people, they shall be convicted and punished as the crime of intentional injury or intentional homicide, respectively.

Where a person between the ages of 16 and 18 commits the crime of theft, fraud, or robbery, and uses violence or threatens violence on the spot in order to conceal stolen goods, resist arrest, or destroy criminal evidence, they shall be convicted and punished in accordance with the provisions of Criminal Law article 269;

Article 11: The application of criminal punishment to juvenile offenders shall give full consideration to whether it is conducive to the education and correction of juvenile offenders.

Sentencing of juvenile offenders shall be in accordance with the provisions of Criminal Law article 61, and fully consider factors such as the motive and purpose of the juvenile's criminal conduct, the age at the time of the crime, whether it was the first time to commit the crime, the expression of remorse after the crime, personal upbringing, and consistent behavior. Juvenile offenders who meet the requirements for the application of controlled release, suspended sentences, a single fine, or a waiver of criminal punishment shall be applied in accordance with law.

Article 12: Where perpetrators have committed criminal conduct before and after reaching the legally-prescribed age of criminal responsibility, criminal responsibility for criminal conduct committed after reaching the legally-prescribed age of criminal responsibility can only be pursued in accordance with law.

Where the perpetrator has committed different types of criminal conduct before or after reaching the age of 18, the crime committed before the perpetrator reaches the age of 18 shall be given a mitigated or commuted punishment in accordance with law. Where the perpetrator commits the same type of criminal conduct before or after reaching the age of 18, consideration shall be given to appropriately giving a mitigated or commuted punishment for the crime committed before the age of 18 when sentencing.

Article 13: Life imprisonment may only be applied to juvenile crimes where the crime is extremely serious. Life imprisonment is generally not imposed on persons who have reached the age of 14 but are not yet 16 years old.

Article 14: Juvenile offenders are generally not sentenced to additional deprivation of political rights, except where the Criminal Law provides that additional deprivation of political rights "shall".

If a juvenile offender is sentenced to additional deprivation of political rights, he shall be given a lenient sentence in accordance with law.

The provisions of the preceding paragraph apply to convicts who were juvenile at the time of committing the alleged crime or who were already adults at the time of trial.

Article 15: Juvenile convicts who commit the crime of "concurrently" confiscating property or fines as provided for in the Criminal Law shall be sentenced to a corresponding property penalty in accordance with law;

When juvenile offenders are sentenced to fines, the sentence shall be mitigated or commuted in accordance with law, and the amount of the fine is to be determined on the basis of the circumstances of the crime and comprehensive consideration of their ability to pay the fine. However, the minimum amount of the fine shall not be less than 500 RMB.

Where the guardians or other persons of juvenile offenders who have been sentenced to a fine voluntarily pay the fine on their behalf, the people's court shall allow it.

Article 16: Where juvenile offenders meet the requirements of paragraph 1 of Criminal Law article 72, a suspended sentence may be announced. If in any of the following circumstances at the same time, the application of a suspended sentence to them will truly no longer endanger society, a suspended sentence shall be announced:

(1) First offense;

(2) Actively returning stolen goods or compensating victims for economic losses;

(3) Have the capacity for guardianship and mentoring.

Article 17: Juvenile offenders may be sentenced to short-term detention or up to three years imprisonment on the basis of the crimes they committed, and where they show good remorse and have any of the following circumstances, they shall be exempted from criminal punishment in accordance with the provisions of Criminal Law article 37:

(1) is a person who is deaf and mute or blind;

(2) Excessive defense or risk avoidance;

(3) Preparation, suspension, or attempt to commit a crime;

(4) Accomplices or coerced accomplices in joint crimes;

(5) Voluntarily surrendering or making meritorious contributions after committing a crime;

(6) The circumstances of other crimes are minor and do not require a criminal punishment.

Article 18: The standards for commutation and parole of juvenile convicts may be appropriately relaxed in accordance with law in comparison with those for juvenile convicts.

Where juvenile offenders are able to admit guilt and obey the law, abide by prison rules, and actively participate in study or labor, they may be viewed as "truly showing repentance" and given a commutation, and the range of commutation may be appropriately relaxed, and the interval may be correspondingly shortened. Where the provisions of paragraph 1 of Criminal Law article 81 are met, parole may be granted.

Where juvenile offenders have already reached adulthood while serving their sentences, the above provisions may be applied to their commutation or parole.

Article 19: Where juvenile defendants in civil cases attached to criminal cases have personal property, they shall bear civil liability for compensation, and their guardians are to compensate for the shortfall, except where the unit serves as guardian.

The defendant's compensation for the victim's material losses may be considered as a sentencing circumstance.