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The author:(作者)qqpublished in(发表于) 2014/6/12 5:09:33 Supreme law is not approved according to law had shielded her daughter was forced prostitution the principal to death
Legal daily Beijing, June 12 news reporter Yuan Dingbo today, the Hunan provincial higher people's Court entrusted by the Supreme People's Court, and served on the defendant Zhou Junhui, Qin Xing of the Supreme People's Court criminal rule book. Zhou Junhui, Qin Xing the death penalty approved by the Supreme People's Court according to law if found to be, refer the case back to the Hunan provincial higher people's Court for a retrial.
Supreme People's Court accepted the defendant Zhou Junhui, after Qin Xing review death penalty cases such as forced prostitution, a collegial panel in accordance with law, reviewing the entire dossier, questioning the defendant, heard counsel views, and local investigation to verify evidence, authorized by law to review the case.
Supreme People's Court by 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.
Supreme People's Court think, accused Zhou Junhui, and Qin Xing colluding with others using victims young, and physical and mental vulnerable, and lack self protection capacity of features, take violence, and stress, means, forced discontent 14 age of girls prostitution, II accused of behavior are constitute forced prostitution Sin; Zhou Junhui knows victims is discontent 14 age of girls and and of occurred sex relationship, its behavior constitute rape Sin; Qin Xing colluding with others take recruitment, and host, means organization more name women engaged in prostitution activities, its behavior constitute organization prostitution sin, Shall be punished according to law, to impose a penalty. Zhou Junhui, Qin Xing forced prostitution of tiny girl under the age of 14 times, controlling the proceeds of prostitution, during which the victim was gang-raped by others, victims suffer from genital herpes caused by disorders and post-traumatic stress disorder, serious violations against the girl's physical and mental health, and nature of the crime, the circumstances of the crime, serious criminal consequences. In the common crime of forced prostitution, the second defendant play a major role, the principal shall, in accordance with the full participation of selected criminal punishment. A judgment of first instance, ruling to find the second instance of forced prostitution, rape, procuring facts are clear, the evidence is true and sufficient, the conviction is accurate. Trial procedure. Given Zhou Junhui, Qin Xing forced prostitution, violence, stress, bad has not reached the circumstances are especially serious in the circumstances of the crime, death penalty for two defendants to the crime of forced prostitution the immediate implementation of improper sentencing. Review during 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, the Supreme People's Court in accordance with the People's Republic of China Criminal Procedure Code No. 235, No. 239, and the Supreme People's Court on the application of People's Republic of China criminal law interpretation of Article No. 350 (d), (e), the provisions of paragraph one of Article No. 353, ruled not to approve death penalty defendant Zhou Junhui, Qin Xing, refer the case back to the Hunan provincial higher people's Court for a retrial.
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