"Now let's enter the presentation of evidence and cross-examination, do the prosecution and defense and the defendant have any new evidence to submit?" The presiding judge asked.

"No new evidence was submitted." Tripartite.

The evidence presented by the public prosecution was very simple, namely, the defendant's confession, the transcripts of Zheng Shaoming's and the victim's interrogation, the testimony of the director of the neighborhood committee and neighbors, and the rope used to tie people.

Wu Shanshan agreed with the facts of the case reflected in these evidences. After cross-examination one by one, Fang Yi did not raise any objections.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. The presiding judge said.

"Presiding Judge and Adjudicator: The public prosecutor believes that defendant Wu Shanshan illegally deprived the victim of his personal liberty by binding up, and that his conduct has constituted the crime of illegal detention, and that this case should be found to be insulting, and that a heavier punishment should be given within the statutory punishment range provided for in the first paragraph of article 238 of the Criminal Law. It is recommended that the defendant Wu Shanshan be sentenced to three years in prison. Complete. The inspector said.

Whoever illegally detains another person in accordance with Article 238 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or deprivation of political rights. It can be seen that the procurator recommended the sentence according to the maximum limit.

The next thing is that the defendant defends himself, Wu Shanshan is still the same set of words, anyway, she bit the victim she tied up in order to get angry, and did not detain the other party.

"The defender gives his opinion." The presiding judge said.

"Presiding Judge and Judge: The defender believes that the defendant Wu Shanshan, for the purpose of belittling and harming the personality of others and destroying the reputation of others, used ropes to tie up the victim in the rape and placed the naked victim in the living room for neighbors to watch, violating the personality and reputation rights of citizens, and his conduct did not constitute the crime of illegal detention, but constituted the crime of insult. Here's why:

1. The crime of insult refers to the use of violence or other methods to openly belittle or harm the personality of others, or to damage the reputation of others, where the circumstances are serious. The crime of unlawful detention refers to the act of illegally detaining another person or illegally depriving another person of their personal liberty by other means.

In this case, after the defendant Wu Shanshan caught the adulterer, she tied the naked victim in the living room, showed it to the neighbors, and informed the neighbors of the fact that the victim had committed adultery with her husband, which was both insulting in nature and deprived the victim of his personal freedom.

In order to achieve the goal of humiliating the victim, the defendant Wu Shanshan carried out two criminal acts (binding and insulting), and there was an implication between the means and the end between the two acts, and it is possible that the two crimes were committed separately. Under the Penal Code, an implicated offender is punishable as a felony.

In the case of the same statutory sentence for the two crimes implicated in each other (the crime of illegal detention and the crime of insult), the defense believes that the defendant should be convicted and sentenced according to the purpose of the act.

After the defendant was caught raping, he dragged the naked victim to the living room and tied him up, and only after repeated persuasion from neighbors did he let the victim put on clothes, and in the process, the defendant threatened to make the victim faceless, and to pull the victim to the door of the community for everyone to see.

It can be seen from this that the defendant achieves the goal of insulting the victim through the act of binding, and the binding is only a violent means to achieve the insult, and the insult is the defendant's goal. Therefore, the defendant's conduct constituted the crime of insult.

II. Referring to the "Provisions of the Supreme People's Procuratorate on the Standards for Filing Cases Directly Accepted by the People's Procuratorate for Filing and Investigation (for Trial Implementation)" and the "Provisions on the Standards for Filing Cases of Dereliction of Duty and Infringement of Rights" issued by the Supreme People's Procuratorate, both stipulate that where a state organ employee abuses his or her authority to carry out illegal detention, the illegal detention lasts for more than 24 hours before the case can be filed.

The evidence on record shows that the defendant's act of binding lasted less than two hours, and the defense counsel believes that in the absence of clear provisions in the Criminal Law and relevant judicial interpretations on the duration of illegal detention in the crime of ordinary illegal detention, the standard for treating ordinary people should not be stricter than the 24-hour standard in the above-mentioned provisions. Therefore, the defense argued that the defendant had tied up the victim for a short period of time and was not sufficient to commit the crime of illegal detention.

In summary, the defense believes that considering the cause of this case, the defendant's conduct should be characterized as the crime of insult. In addition, in view of the fact that the victim was at fault, the defendant had no criminal record, and showed a certain degree of remorse, it is recommended that the defendant be sentenced to five months' short-term detention. Complete. Fang Yi said.

(Article 6 of the "Opinions on Several Issues Concerning the Handling of Criminal Cases of 'Soft Violence'" (Fa Fa [2018] No. 1) newly promulgated by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice provides that those who illegally detain others three or more times, each time lasting more than 4 hours, or illegally detain others for a cumulative period of 12 hours or more, shall be convicted and punished as the crime of illegal detention

The above opinions were formulated for the purpose of carrying out a special struggle to eliminate organized crime and vice, and from the perspective of the duration of illegal detention, it is obviously stricter than the two previously issued regulations, and interested book lovers can check the relevant regulations)

……

“…… Ask the bailiff to bring the defendant Wu Shanshan to court. The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

This court believes that during the arrest of the adulterer, the defendant Wu Shanshan used violent means to forcibly tie the naked victim to the living room with ropes, and let nine people watch. On the subjective side, it has the purpose of belittling and harming the personality of others and destroying the reputation of others, and objectively it openly uses violence and words to insult them, violating citizens' rights to personality and reputation, and the circumstances are serious, and their actions have constituted the crime of insult.

The methods used by the defendant Wu Shanshan in the course of committing the crime of insult also constituted the crime of illegal detention and constituted the crime of implication. In this case, the statutory penalties for the crime of insult and the crime of unlawful detention are equally severe, and considering that the purpose of the defendant's crime is to insult others, the defendants should be convicted and punished for the crime of insult.

The facts of the crime charged by the public prosecution against defendant Wu Shanshan are clear and the evidence is sufficient, but the charge of illegal detention is improper and should be changed.

In view of the fact that the victim also had a certain degree of fault, and the defendant had a good attitude in admitting guilt after being brought into the case, and showed a certain degree of remorse, in accordance with the provisions of Article 246, Paragraph 1 of the Criminal Law of the People's Republic of China, the judgment is that the defendant Wu Shanshan committed the crime of insult and was sentenced to six months of short-term detention. The presiding judge pronounced the verdict.

The verdict of the county court was not much different from what Fang Yi expected, and Fang Yi finally breathed a sigh of relief.

(End of chapter)