Chapter Ninety-Two: The Prison Storm
Suddenly, as soon as Xiao Feng lifted the quilt, two slimy bloody hands reached out to her, and Xiao Fang was so frightened at this time. Xiao Feng didn't want to kill her, he gnawed a few bites on Xiao Fang's face indiscriminately, and then fled in a hurry. Xiao Fang cried out with a "wow", and ran to the yard with a roll and shouted: "My mother asked Xiao Feng to stab him with a knife!" ””
Neighbors in the front and back yards rushed to the police, and everyone hurriedly dialed 110 to call the police. Soon the police arrived at the scene. After extracting the transcript, the police pursued Xiao Feng overnight. Xiao Feng had already planned an escape route in advance, and ran to the neighboring county Mulan by mountain road overnight. On the third day of the incident, the police arrested Xiao Feng, who was hiding in a hotel and was in a panic all day. In the face of interrogation, Xiao Feng confessed to the fact that he broke into Xiao Fang's house at night and killed Xiao Fang's mother. ”
Xiao Fang, who had not yet come out of the shadow of being humiliated, witnessed the murder of her mother again, and her spirit was greatly stimulated, and she was in a trance all day. Fear and self-blame tormented her day and night, and she couldn't sleep well, feeling that she couldn't stay here anymore. Soon, her aunt from Bayan County picked her up. ”
Xiaofang's father, who rushed back from out of town after hearing the news, was grief-stricken. Xiaofang's father, who married his daughter-in-law in his thirties, cherished this family very much, and wanted to go out to work to earn some money to repay the money borrowed from the lawsuit and live a good life, but he didn't expect to end up in a situation where the family was ruined. Xiaofang's father, who was honest, was finally angry. He vowed to ask for an explanation for his unjustly dead wife! ”
After Xiao Feng's murder, the Zhao family was dissatisfied with the first-instance judgment of the Tonghe County Court in the case of Xiao Fang v. Xiao Feng Qiang's female gan and appealed to the Harbin People's Court. Immediately afterwards, the Zhao family moved away. By the time the Harbin Intermediate People's Court upheld the original verdict, the Zhao family had moved out. The court said it could not enforce the judgment on the grounds that Xiaofang's stepfather was not her legal guardian. ”
At this time, Xiaofang somehow lost contact with her stepfather. Xiaofang's father, who owed more than 10,000 yuan in foreign debts because of lawsuits and funerals, was disheartened, he sold the poultry he raised, and the land was deserted. With the approval of the Heilongjiang Provincial Public Security Department, Xiao Feng was sentenced to one year and six months of re-education through labor. ”
"I wanted to kill this thief as well, but China's laws do not allow it, and I am telling you that this case is not to attack the law, and the special legislation for the judicial protection of minors in my country mainly includes the Law on the Prevention of Juvenile Delinquency and the Law on the Protection of Minors."
"The Law on the Prevention of Juvenile Delinquency focuses on cultivating juveniles to form good character and effectively prevent and reduce juvenile delinquency. Emphasis is placed on the responsibilities of all levels of government and society in the prevention of juvenile delinquency. To put it simply, society is not allowed to teach minors badly, and every minor should be made positive as much as possible. ”
"The Law on the Protection of Minors focuses on the protection of the special lawful rights and interests of minors, and stipulates the responsibilities for the protection of the rights and interests of minors at the family, school, society, and judicial levels. To put it simply, society is not allowed to bully minors, and their legitimate rights and interests should be protected. The Act does not address the age of criminal responsibility for minors. ”
"The provisions of the Criminal Law on minors, the Law on the Protection of Minors, and the Law on the Prevention of Juvenile Delinquency, which are laws concerning minors, have the same legislative spirit, and are all based on the particularity of the minors' own growth, and have their own rationality."
Zhang Bin suddenly asked: "If Xiao Fang and her mother accidentally killed Xiao Feng when she resisted, would she be sentenced heavily?" ”
Sun Jianguo thought for a few seconds and said: "Let me tell you my point of view, the victim has unlimited defense rights in the face of serious violent crimes such as murder by a strong woman. However, since the infringer is a person without capacity for criminal responsibility, whether unlimited defense can be exercised against him is controversial in theory, and generally tends to objectivism, that is, defensive measures can be taken against the unlawful offender, but whether the victim clearly knows that the infringer is a person without capacity for criminal responsibility. ”
"If it is clearly known, when exercising the right of self-defense, the victim should try to take measures to avoid it and reduce the damage to the wrongdoer who lacks the capacity for criminal responsibility. Specifically, in the case you mentioned, the victim knew that the aggressor was incapable of criminal responsibility, and the adjective "missed" indicates that the victim took evasive measures and was forced to do so, so it does not constitute a crime. ”
Speaking of this, Sun Jianguo's face was full of helplessness, and he sighed and said: "On the question of whether the age of criminal responsibility is lowered, there are different reasons. When the state enacted the Law on the Protection of Minors, it certainly did not anticipate that the age of crime would be lower, and I say that this is not intended to criticize the provisions of the current criminal law, but this homicide case really shocked me. ”
Zhang Bin also shook his head with a complicated face, and said with some indignation: "Now that five years have passed, the child who was re-educated through labor for one year and six months has also come out early, I don't know what is causing harm to people, I hope the society can teach him to be a man." ”
Speaking of this, Sun Jianguo became very calm, laughed hehe, and said, "Do you think he can come back safely?" I heard that the thief was beaten badly in more than a year of re-education through labor, and there are good and bad evildoers in prison, and criminals are also divided into three, six, nine, and so on. But no matter who they are, they all have some conscience and bottom line in their hearts. If not, it should not be called a human, but an animal. ”
"I heard from people I knew in prison that when the thief first entered, other prisoners asked him how he came in, and he said that he was a murderer who came in.
"At this time, I just knew what he came in for, so he didn't get beaten heavily, one day the head of the trumpet learned the details of his crime from the correctional officer, and he was beaten that night, and he was beaten unpresently, a person of more than 150 pounds, and he lost 100 pounds in less than three months."
"This kind of goods, it is inevitable that he will be cleaned up when he goes in, since the law can't control it, the people in society will definitely be able to manage it, and the prison guards are also very resentful, so it is inevitable that he will turn a blind eye and acquiesce to other prisoners abusing him."
"In prison, thieves are the lightest to be beaten, or even not beaten, but such as strong women, malicious murder, or child abduction, such people are basically abused from the moment they enter the cell until they are released."
"As for the thief when he was released later, he was more than 1.7 meters tall, weighed only about 80 pounds, his left ear was missing, his left eye was almost blind, he had a slight concussion, and he heard that his IQ was also a little problematic, so he would just keep smirking and drooling."