On June 17, Wang Zhenhua, the former chairman of Xincheng holding, was convicted of child molestation. The defendants Wang Zhenhua and Zhou Yanfen were respectively sentenced to five and four years imprisonment for child molestation. After the judgment was made, it immediately aroused widespread concern of the society.
Why is Wang Zhenhua sentenced to five years for child molestation?
According to the charges of the public prosecution, the defendants Wang Zhenhua and Zhou Yanfen made the conditions in advance by Zhou Yanfen. Wang Zhenhua carried out indecent acts on the victim, and the relevant facts were confirmed by the victims statements, expert opinions, witness testimony and surveillance video, which can form a complete evidence chain. The behavior of the defendants Wang Zhenhua and Zhou Yanfen conforms to all the constitutive requirements of the crime of child molestation stipulated by law, so they constitute a joint crime of the crime of child molestation.
According to the written response of the chief judge of the case, whoever, in accordance with the provisions of the criminal law and relevant judicial interpretations, forcibly molests others by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, or to the crime mentioned in the preceding paragraph committed in public or in public, or to fixed-term imprisonment of not less than five years if there are other serious circumstances; whoever molests children shall be given heavier punishment according to law. It is the object of heavier and stricter punishment to commit sexual assault such as adultery and indecency to the victim under 12 years old.
After the court found out that the defendant Wang Zhenhuas behavior has constituted the crime of child molestation, but it does not belong to the crime of public implementation, nor has other adverse circumstances. Wang Zhenhua, the defendant, should be punished severely according to law for his indecent act against the victim under the age of 12 and causing the secondary serious consequences of minor injury to the victim. If Wang Zhenhua, the defendant, refuses to admit his indecent criminal facts after arriving at the case and in the court trial, he may be punished severely as appropriate. Considering the harm and influence of the case on the victims body and mind and the degree of social harm, Wang Zhenhua, the defendant, was sentenced to a heavier term of imprisonment of five years in accordance with the law within the range of fixed-term imprisonment of not less than four years but not more than five years recommended by the public prosecution.
Although the defendant Zhou Yanfen did not directly commit indecent crime, he was the instigator of criminal intent and played an irreplaceable role in the whole process of crime. Zhou Yanfen was sentenced to four years imprisonment for his role in joint crimes.
Three arguments to be decided
How to identify the injury?
How to determine the injury of the victim is the most important part of the case, and also the key point of point of view confrontation.
Conclusion of the victims fresh wound, vaginal laceration, secondary minor injury. Chen Youxi pointed out in the statement that two judicial appraisal institutions and seven experts in Beijing reached the opposite conclusion on the outpatient records and judicial appraisal opinions in Shanghai. And Shanghais appraisal institutions have no qualification for external appraisal.
It is also supported by the identification of contrary conclusions. Chen Youxi made it clear in the statement that Wang Zhenhua did not turn over the confession because he insisted that he did not molest the girl in this case.
From the investigation stage, the prosecution stage and the court stage, his statements are stable and consistent, and he denies that he has committed indecent acts against the young girl. The time before and after he enters the room is only 13 minutes, with hotel video evidence, and the effective time for possible crime is 5 minutes. He has never been pedophile or sexual abuse oriented, and the police outside investigation has ruled out any suspicion of infringing upon the young girl. Chen Youxi said.
However, Zhang Qiang (pseudonym), a lawyer familiar with the case, said that the opposite conclusion was put forward by the defendant as a reference for the trial. At present, after cross examination, the opposite conclusion has not been adopted by the court. Because we didnt see the evidence, we couldnt make an objective judgment, and Wang Zhenhuas reasons cant be caused by common sense, so the credibility is not high.
Indecency can be divided into different degrees. If its just cuddling, its certainly not counted. But the specific facts, what behaviors are taken, which are unknown to the outside world, need more detailed and complete evidence chain support, which is the controversial environment. Zhang said it is more likely to maintain the original judgment.
On June 18, the victims defense lawyer refuted Chen Youxis statement, saying that views can be exchanged, but not the case. His suggestion is that Youxi should not describe the wound of the victim carefully, which should not be done by a responsible lawyer.
It is on the basis of guilty or innocent refutation that the result of the sentence of the first instance - fixed-term imprisonment of 5 years, whether light or heavy, once again triggered the confrontation between the two sides of the case.
In fact, the discussion on this topic has become the most popular point among netizens.
In his statement, Chen Youxi believed that heavy -- the peoples Court of Putuo District is not light but heavy. He believed that the nature of the crime of indecency was determined by the public security organs of Putuo after close investigation, extended investigation, strict supervision by procuratorial organs, withdrawal of investigation and supplementary investigation, and the courts two-day and 16 hour court session for investigation and cross examination. The public prosecution law was the same. The peoples Court of Putuo District carried out a heavier punishment according to the sentencing suggestions of the procuratorate.
If there is a laceration of the vagina, I also support the characterization of more serious charges, but the court investigation actually found that there is no such situation. Chen Youxi said.
After the completion of the trial, the presiding judge of the case answered some key questions in writing. On conviction, the presiding judge of this case said, in this case, the statement of the victim, the judicial expertise opinion and the confession of the defendant all prove that Wang Zhenhua, the defendant, committed indecent acts against the victim, but there is no contact with the victims sexual organs. Relevant judicial appraisal opinions support this fact, so Wang Zhenhuas behavior is indecent rather than rape Within the range of fixed-term imprisonment of not less than four years but not more than five years recommended by the public prosecution organ, Wang Zhenhua, the defendant, shall be given a heavier fixed-term imprisonment of five years in accordance with the law.
Zhang Qiang said that whether there are bad circumstances mainly depends on whether there is a clear evidence chain, which is also the most serious circumstances that the court has been able to do within the scope of sentencing. Injury identification is a professional behavior. It depends on the evidence. It is definitely not based on an injury identification. At this time, confession is very important. When there is a contradiction between the two sides, it depends on whose statement is more credible and reasonable.
Should compensation be made?
It is worth mentioning that the criminal trial determines whether the defendant has a criminal offence, and the victims mental loss and other related compensation can be tried through civil litigation.
Direct participants in the case said they would wait for the dust to settle before considering civil litigation and compensation. It is also possible that there will be no civil part of the appeal. According to Wang Zhenhua, the defendant, the current attitude is that he is not willing to pay for any money.
Moreover, if there is an incidental civil action, it may let the other party seize the loophole and reduce the sentence. Moreover, the compensation rate of incidental civil action is very low, and spiritual compensation cannot be claimed, so it is unrealistic and undesirable.
According to Zhang Qiangs analysis, if the criminal incidental civil procedure law is handled together, if the defendant accepts compensation, it may be more beneficial to him in the sentencing of criminal cases. For example, if the defendant puts forward a higher amount of compensation, it may lead to extortion, that is, the public may think that the victims family members are taking advantage of the opportunity to extort money, which is not conducive to the trial and punishment of criminal cases.
So even if we have to deal with it, we can sue separately for a piece of civil compensation. However, the amount of compensation will not exceed the amount of ordinary personal injury. According to the disability identification standards, different standards have different compensation scope and amount, and the amount of mental damage will not be too high due to different identities. (comprehensive daily economic news)
The following is the video transcript of Yu Minhong:
On July 1, 2019, Wang Zhenhua, chairman of Xincheng holding group, was suspected of molesting a 9-year-old girl. The news came out that at that time, it shocked the whole country. On June 16, Shanghai Putuo District Peoples court held a trial. After 16 hours of trial, Wang Zhenhua and Zhou Yanfen were sentenced to five years imprisonment for molesting children in the afternoon of June 17 Four years in prison, the sentence is believed to have broken the peoples cognitive bottom line and created a huge wave across the country.
The netizens kept on sending out articles to denounce Wang Zhenhua and Chen Youxi, the defense lawyer. The peoples anger was true. Everyone thought that such a beast with clothes, money and power was so surprised that it was sentenced to hire a lawyer at a high price, which was unreasonably unacceptable.
Moreover, Wang Zhenhua has clearly appealed for his innocence in the second trial and to restore his status as a member of the CPPCC, which has aroused more anger.
After anger, we return to reason. I think our focus should be as follows:
Second, if Wang Zhenhua did commit the crime of child molestation, how should he be sentenced? Chinas judicial regulations are the crime of child molestation, which is generally punishable by fixed-term imprisonment of less than five years, and the worst can be punishable by fixed-term imprisonment of up to 15 years, which can be said to be too light. So maybe what we should do is to urge the NPC to amend this provision.
In Song Dynasty, Yuan Dynasty, Ming Dynasty and Qing Dynasty, almost all child molestation was death penalty, the highest sentence in the United States was 250 years, chemical castration in South Korea and 20 years in Singapore. So if we want to reprimand Wang Zhenhua, we may need to modify the legal provisions first. Personally, I always think that if we abduct and sell women and children, molest children and sexually assaulted children, we should severely punish potential criminals.
Third, in addition to scolding Wang Zhenghua, you are still desperately scolding Chen Youxi, the defense lawyer. I dont think its necessary. A lawyer does his best to serve his employer. Being entrusted by others and loyal to others, and allowing lawyers to defend the defendant or the plaintiff are signs of the progress of the states judicial process.
Fourth, now some media have said that they have paid attention to these matters. Because the incident of Wang Zhenhua has brought a very negative impact on the image of the country and the construction of the legal system, it is possible that the death penalty will be imposed at the highest level. Some people are also excited about this. I dont think it is necessary. I think all cases should be executed in accordance with legal procedures and procedural justice, so that China can truly become a society ruled by law and be able to maintain long-term peace and stability. Relying on honest officials or authorities to govern society is not a sign of social progress. In a society ruled by law, a good man should not be wronged or let go of a bad man. If Wang Zhenhua is found guilty, he should be punished and punished. Especially other famous entrepreneurs and members of the CPPCC, I think he has tarnished the reputation of entrepreneurs and members of the CPPCC, and I am ashamed of such scum in this team. How to protect Chinese children is not too much. They are the flowers of our country and the hope of the future. Extended reading of Lawyer Wang Zhenhuas request for his acquittal, restoration of national model worker and other honors in the case of Wang Zhenhua, both sides were dissatisfied with the victims lawyers claim that the circumstances were bad and applied for protest against Wang Zhenhuas appeal for second instance. The defense lawyer issued a thousand words statement: no confession. Source: responsible editor of financial website: Wang Xiaowu_ NF
Fourth, now some media have said that they have paid attention to these matters. Because the incident of Wang Zhenhua has brought a very negative impact on the image of the country and the construction of the legal system, it is possible that the death penalty will be imposed at the highest level. Some people are also excited about this. I dont think it is necessary. I think all cases should be executed in accordance with legal procedures and procedural justice, so that China can truly become a society ruled by law and be able to maintain long-term peace and stability. Relying on honest officials or authorities to govern society is not a sign of social progress.
In a society ruled by law, a good man should not be wronged or let go of a bad man. If Wang Zhenhua is found guilty, he should be punished and punished. Especially other famous entrepreneurs and members of the CPPCC, I think he has tarnished the reputation of entrepreneurs and members of the CPPCC, and I am ashamed of such scum in this team. How to protect Chinese children is not too much. They are the flowers of our country and the hope of the future.