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The author:(作者)qqpublished in(发表于) 2014/6/12 5:09:30 Supreme Court interpretation of why not approved had shielded her principal to death
People's daily Beijing, June 12 (Xinhua and Li Jing) on June 12, just watched the defendant Zhou Junhui, Qin Xing forced prostitution case of judicial review of death sentences, head of the Supreme People's Court Criminal Court accepted the interview with reporters and answer related questions.
Note: Please briefly describe the Supreme People's Court on the defendant Zhou Junhui, Qin Xing case review process.
Answer: Supreme People's Court accepted accused Zhou Junhui, and Qin Xing forced prostitution, death review a case Hou, law composition full, review has all files material, interrogation has Zhou Junhui, and Qin Xing and the Chen Gang, more name co-defendants accused, heard has counsel of defended views and accused, and victims relatives views, and to local survey verification evidence, on one or two trial finds of facts evidence, and applies legal, and trial program for has full review. By the collegiate, law has made do not approve of the death penalty decision.
Remember: what's the Supreme People's Court review of the case facts?
Answer: Supreme People's Court review confirmed: 2006, accused Qin Xing colluding with its male friends Chen Gang (co-defendants accused, has sentenced) in Hunan province, Yongzhou city, zero Ling District xiaoxiang road liuzi big hotels next rental operating "Willow love leisure housing" (following referred to "Willow love"), and take recruitment, and host, means organization CAI xxx, and Chen xxx, and King xxx, more name women in the shop within or visiting hotel, at prostitution.
October 1, 2006, defendant Zhou Junhui to Lingling district in Yongzhou city, Yongzhou vocational and technical college College of Dong Fang Hong supermarket opposite negative layer "happy slip" ski, became acquainted with the victim (female at the age of 10), Zhou Junhui near returns after "pretty baby," Barber's work. Zhihou, Zhang came to the "pretty baby," barber shop, together with Zhou Junhui dinner. That evening, Zhou Junhui took to Yongzhou vocational and technical college medical school across from the "blue bar" Kandie, residential rental housing estates and have sex. The next morning, Zhou Junhui Zhang from the "blue" rental property, "pretty baby" barbershop en route, was discovered by his aunt to take home.
The afternoon of October 3, 2006, once again to the "pretty baby," barber shop to find the defendant Zhou Junhui, Zhou Junhui through friends, "Wei Yong" after contacts with Chen Gang, taking someone to "Willow love" referred to the defendant is Qin Xing arrangements-such prostitution. Since then, Zhou Junhui repeatedly receiving total proceeds of prostitution from the Qin Xing 1 more than 000 Yu Yuan, migrant workers and principal-friend Wei Zhimin (nicknamed "Wei Jian") to continue to receive the proceeds of prostitution. Meanwhile, for disobeying the Organization of prostitution, quarrels with the Qin Xing and Qin Xing gave a slap on the face. Chen Gang upon seeing this face for a moment, Zhou Junhui rushed to beat a certain face, have a certain respect for the boss, listen.
In late December 2006, being stability, Jiang Junjun, lanxiaoqiang Zhang, Qin (were co-accused have been sentenced) out of alcohol and are resorting to violence to force commit adultery. 30th, was found and taken away from their relatives, "Liu love." Identified, people with genital herpes, and post-traumatic stress disorder.
Note: online and some newspapers have some comments and questions about the case, the Supreme Court found Zhou Junhui, Qin Xing, who constitute the crime of forced prostitution on the grounds that what?
Answer: the crime of forced prostitution, is against the will of others, by force, threat or other coercive means Act of forcing others into prostitution, is a violation of citizens ' personal rights, particularly sexual autonomy as the main object of a serious crime. Determine whether the defendant Zhou Junhui, Qin Xing, who constitute the crime of forced prostitution, mainly depends on two things: first, whether the defendant is imposed on the victim of violence, coercion or other compulsive behavior; the second is whether the victims of prostitution against their wishes. According to our review of facts and evidence, sufficient to identify Zhou Junhui, Qin Xing, who constitute the crime of forced prostitution.
First, the defendant Zhou Junhui Zhang, Qin Xing and other anthropogenic forcing victims to prostitution, carried out acts of violence, and coercion. Based on such statements, witnesses ' testimony and Zhou Junhui, Qin Xing Chen, confessions of co-accused Chen Gang can confirm that, for disobeying the Organization of prostitution, when you had a dispute with Qin Xing, Zhou Junhui, Chen Gang facial. Although Zhou Junhui, violence, Chen Gang, to a lesser extent, but the defendant is an adult, and many people, but victims as young as 10 years old, unaccompanied minor, mentally and physically fragile, vulnerable, lack of ability to protect themselves, this case is sufficient to form a strong spiritual force to victims, forcing it can't resist.
Second, victims of prostitution is manifestly contrary to his or her wishes. XXX tiny girl is only 10 years old when the crime was committed, the physical and mental development is not yet mature, sexual nature, without understanding the consequences and judgment, do not have autonomy, lacks the basis of voluntary prostitution. I have always stated, forced into prostitution. Forensic psychiatric expert opinion found that someone suffering from post-traumatic stress disorder, "the occurrence of the disease was the trauma of forced prostitution there is a direct causal relationship." Victim statements consistent with forensic psychiatric expert opinion on prostitution contrary to the wishes of the victims, to their psychological damage.
Defendant Zhou Junhui, Qin Xing against the victim's will to take the means of violence, coercion, forced prostitution, in accordance with the provisions of Article No. 358 of the code, constitute the crime of forced prostitution.
Reporter: what new evidence appears during the review of the case, may affect the determination of whether defendant is Qin Xing constitutes a crime?
Supreme People's Court review the case during the Qin Xing to stop the defendant committed suicide together with Zhou Lanlan prison personnel problems for the investigation to verify, collect a jail surveillance video and transcripts of some fellow officers on scene identification and other new evidence, the new evidence may affect the determination of whether Qin Xing constitutes a crime. As new evidence, without cross-examination in court and cannot be used as a basis for ascertaining, Hunan provincial higher people's Court has been transferred with the case from Hunan province high people's Court verified through trial.
Reporter: accused Zhou Junhui, Qin Xing of the death penalty approved by the Supreme People's Court is not what is the reason?
Answer: the Supreme People's Court review of death penalty cases, has always adhered to the principle of based on facts and take law as the criterion, strict implementation of the criminal policy of temper justice with mercy and strictly controlled, careful application of the death penalty policy, implementation of the special and primary principles protect the legitimate rights and interests of minors and to punish sexual abuse juvenile delinquency.
According to Article No. 358 of the code provides that forcing others into prostitution only in particularly serious, such as the ringleaders of a criminal group of large-scale forced prostitution, forced prostitution of, many others detained after hijacking of forced prostitution in public places, or forced prostitution means particularly cruel, resulting in severe disability or death of the victim, where the imposition of the death penalty should only be considered. For the determination of the circumstances are especially serious, should be combined with the perpetrator of forced prostitution of person-time scale, the object of the crime, the degree of criminal means, force, criminal consequences, social impact factors to determine, ensure of suiting penalty to adapt. This case in the, accused Zhou Junhui, and Qin Xing forced discontent 14 age of girls repeatedly prostitution, control prostitution proceeds, course victims and was others round rape, to victims suffers from genital herpes and the trauma Hou should stress obstacles, serious against has girls of health, crime nature bad, crime plot, and crime consequences serious, II accused people in forced prostitution of common crime in the are up main role, Department principal, are should law punished. But according to the victim and the witness Lee xxx, xxx, xxx Chen CAI's testimony, confirmed that a victim may go out together with other witnesses, often to a nearby Internet café, not completely restricting personal freedom, except once for disobeying the Organization of prostitution, was hit in the face, but other violence against victims were found by the two defendants. Given Zhou Junhui, Qin Xing forced prostitution, violence, stress, the circumstances of the crime the worst has not reached the circumstances are especially serious, as courts of second instance judgment or ruling death penalty for two defendants to the crime of forced prostitution the immediate implementation of improper sentencing. In addition, the review period and the emergence of new evidence in the case, which may affect the determination of whether Qin Xing constitutes a crime according to law should be identified. Accordingly, our decision not to approve the two defendants the death penalty according to law, refer the case back to the Hunan provincial higher people's Court for a retrial.
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