Details of temporary real rape, called Adult Literature

 Details of temporary real rape, called adult literature
Zhejiang Provincial High Court will be temporary following rape, to prepare an instructional case in which the real details of the called adult literature.
Mm were transferred by
Kuo-Hua Chiu Cai Rong Ji rape of women by drunken
mm machine turns to rape a woman gang-raped
constitute the thrust】 【
a referee, and the drunken woman to have sexual relations, should be recognized as contrary to the will of women, constitute rape.
Second, at the same time cross-section in a particular space forced sexual relations with women, should be recognized as a common meaning of adultery contact, constitutes rape.
Third, the public security organs of people suspected of criminal acts have mastered the clues or evidence, actors appearing in court under the public security authorities informed, and not be deemed as surrendered.
【index】
case of first instance: Nanxun Huzhou City People's Court (2009) Lake Au Criminal First No. 256 (2009 October 19 days).
retrial: Huzhou City Intermediate People's Court (2009) Zhejiang Lake Criminal First No. 63 (December 31, 2009).

first instance court prosecutor: Huzhou City Nanxun People's Procuratorate.
retrial Public Prosecution: Huzhou Municipal People's Procuratorate.
Defendant: Kuo-Hua Chiu, male, April 11, 1983 was born in Huzhou City, Zhejiang Province people.
defendant: Cai Rong Ji, male, 1974 born October 28, Huzhou City, Zhejiang Province, people.
the two accused before the incident they were all Nanxun Shanlian Town, Huzhou City Association of Management of Social Security employment security, police station accredited shanlian help maintain public order work, Cai, Department of Security captain.
Huzhou City Intermediate People's Court identified:
2009 年 6 9, the defendant that the defendant Kuo-Hua Chiu Choi Ji Jung called the next day the two younger girls dinner .6 10 Japan, Kuo-Hua Chiu phone used to sing songs of the 18-year-old young woman surnamed Chen, Chen is due to female students and 19-year-old Shen XX together, similar to go with it. 4 pm, Kuo-Hua Chiu called a Chen and Chen Moumou taxi connected together to the town square and Choi Ji Training Wing to join. see Chen and Chen Moumou, the Cai Jirong privately asked Kuo-Hua Chiu: During the meeting, a total of six people drank 6 bottles of Great Wall Cabernet Sauvignon wine and beer, to Chen, Shen certain drunk, loss of consciousness in which Chen on the spot, lying on a chair inside the box.
meal by Choi Ji Rong car, the two defendants will be Chen and Shen to practice with so and so a new era of town hotel. Caiji Rong fake names of others, with a second-generation ID card, handed over to others for the old ID to 201 rooms. Subsequently, Choi Ji Rong Chen and Kuo-Hua Chiu and Chen Moumou holding together into the room.
in the room, the bathroom sink into a bath so and so, Kuo-Hua Chiu then follow up by Shen certain drunk, in the bathroom of Shen an implementation of adultery.
Cai Rong-Ji Chen unconscious also implemented adultery. because of such and such a time Shen Kuo-Hua Chiu adultery issue crash, Choi Ji Rong to the bathroom door, see Shen Kuo-Hua Chiu is on the ground of a certain implementation of the rape to Kuo-Hua Chiu hands out.
Kuo-Hua Chiu, after out of the bathroom, see Chen lower body naked in bed, knowing that their implementation has been raped Caiji Rong, Chen also went on the implementation of adultery. Cai Rong-Ji Shen certain will help to another bed, Also on certain implementation Shen adultery. in adultery by Cai Rong Ji, Shen has a certain clear, then scolded the two defendants. the two accused left the scene, Shen Chen, mobile phone with a certain Mr. Wang and his little sisters boyfriend Ding Moumou contact and said that he being raped, are hotel room. Dingmou Mou called the father of Shen Shen a, Shen A and linked to the father of Chen Chen, a. night 10:58, Shen A new dial After committing the crime step by step account of it.
accused Kuo-Hua Chiu, Rong-Ji Tsai said the two accused and their defense per capita and Shen Shen certain voluntary sexual relations is not rape; Although the implementation of Chen were raped, but no prior premeditated, the process did not discuss the meaning they did not contact and does not constitute rape; surrendered after the incident, can take the initiative, they voluntarily surrendered themselves, require a lighter sentence.
trial】 【Nanxun people
case of Huzhou City Prosecutor's Office 18 September 2009 Nanxun People's Court to the indictment, accuse the defendant Kuo-Hua Chiu, Cai Ji Rong Chen, rape of a young woman who constitute the crime of rape, but voluntarily surrendered themselves, and gain understanding of victims, suggested that the three rape in prison between six months to four years of sentencing.
Nanxun District People's Court October 19, 2009 to (2009) Lake Xun Chu Zi No. 256 Criminal criminal sentence, finds that: am, the defendant Kuo-Hua Chiu, Cai Jirong Nanxun practice in the city a new era of town 201 room hotel, while the victim is not conscious Chen, unable to resist the machine, has forcibly had sex with. and the facts of the crime was established. At the same time that crime on the general circumstances of the crime, subjective malignant small, less harmful consequences, after the guilty to justice and good attitude, sincere repentance, and to obtain the understanding of victims, and the Department of Oufan first offense, it is recommended where appropriate the views of a light punishment, and the court found accordance with the facts, the Court be adopted.
speculation due to network on the case, Internet users made a strong case ruling challenged in the Court of Huzhou review concluded that the case law does have errors, decided to retrial by the Court arraignment. After not hearing by Huzhou the Court ruled on Dec. 10 revoked the ruling People's Court Nanxun, remanded the case. Nanxun Nanxun court's Procuratorate Youxiang withdraw charges and return after the public security organ for supplementary investigation, reported the case to the People's Procuratorate of Huzhou City. Huzhou Municipal People's Procuratorate on December 13, 2009, Huzhou Intermediate People's Court to the prosecution.
Huzhou in the hospital on December 25 after the closed hearing that: the defendant Kuo-Hua Chiu, Choi Ji Rong against her will, drunk by the victim of the machine, were respectively the implementation of the two rape victims, their behavior constitutes rape and gang rape case. prosecutor accused the guilty should be punished according to law. the two defendants and their counsel on their sexual relations and Shen XX is not rape, Chen is not for rape, has voluntarily surrendered themselves so excuse can not be established, shall not be accepted. According to the fact that the two accused of crime, the nature, circumstances, and the degree of harm to society, were to rape and sentenced to eleven years imprisonment Kuo-Hua Chiu, deprivation of political rights for one year; sentenced to eleven years imprisonment Choi Ji Rong six months, deprived of political rights for one year.
ruling did not appeal within the statutory time limit and protest. The decision has taken legal effect. 【Comment】
case pending in three main issues, namely whether the two accused Chen of gang rape, sexual relations with a certain Shen Shen is contrary to the meaning of constitute rape, whether voluntarily surrendered themselves.
one defendant and on the two whether a certain sexual relations Shen Shen XX against the two defendants will argue that the problem
sexual relations with a certain Shen Shen certain voluntary, not a rape. the crime of rape requires an objective use of violence, coercion or other means, against her will, forcing a relationship with women. where other means, including the use of anesthesia means the machine and raped by another drunk, who was sleeping by her husband, adultery, and so fake. how to identify the violation of women will, in practice, the use of violence or the threat of a number of cases means there is not obvious difficulty, need for comprehensive analysis based on documented evidence found. In this case, there is more evidence that the two defendants and victims of sexual relations, the victim is already in drunken state, obviously go against the will of the victim Shen certain. First, Shen was already at a certain state of intoxication. the night six people were drinking six bottles of wine, beer, etc., Chen drunk unconscious on the spot Shen has also occurred a certain drunk; accused Kuo-Hua Chiu confession, in its out of the bathroom, action hotel when there is drunkenness; the incident command post to pick up by Choi Ji Rong security Moumou two victims, Yang Moumou also confirmed that they found two victims practicing Town Plaza, the two were still awake, too drunk, Shen XX In swear. Second, Shen was raped after a certain reflected in very strong. two statements confirm that the defendant has in its wake a certain Shen found that they have been raped, that two defendants accused. all for that in Cai Rong Ji Shen Shen certain adultery in certain cried and said sorry boyfriend, so Qiu and Cai roll, never want to see Qiu and Cai. Shen Wang certain testimony confirmed her boyfriend, after a certain call him sink to the he cried to be raped, asked him to save her. Dingmou Mou testimony of witnesses also confirmed that their phone Shen cried meal Shihai remember what happened in the room can not remember, and he was definitely raped because woke up to find himself naked, Chen has no clothes, in the practice is not clear about the specific location of city. Again, Shen prostitution of women is not certain, and are not familiar with the two defendants, there is no presence of Little Sisters of the surface of their own in the same room with two strange men have voluntary sexual relations. more than sufficient evidence to prove that a certain system of Shen was intoxicated at the two accused adulterers, it happened two defendants and Shen XX sex is not rape defense, which was inconsistent with the facts.
review and retrial of the case, the defendant was also justified based on the two mentioned adultery when Shen XX, Shen in the Shen took the initiative to conduct, finds insufficient evidence of rape. It should be noted, on the no memory, do not know what happened, but later found himself naked before people consider themselves to be adultery. documented evidence that Chen had been in the hotel on the spot no sense, is the Cai Ji Rong hold her into the room. Shen certain though not completely drunk, is walking into the bathroom, but after this situation does not drink or only a vague memory of the memory is possible. such as the former analysis, at least when she was on the events, actions significantly reduced ability to judge the nature of sexual defense capacity has been significantly weakened. and drunken judge is affected, weakened capacity of the defending women's sexual relations, should be recognized as contrary to the will of women, constitute rape.
It should also be noted that the Nanxun prosecutors to prosecute only the two charges Chen, a person accused of rape, alleged rape did not sink so and so. Procuratorate no charges for these files do have evidence that the defendant in another Louzui situation, although not directly the people's court ruling, it should be added, request Procuratorate prosecution, who had been rejected, but also to the IPCC, reported a higher court, so that criminals deserve punishment, fairness and justice.
Second, with regard to whether the two acts of the defendant's gang problem
under the Criminal Code provides that the crime of gang rape aggravating circumstances against the victim of rape is much greater than the average, so it would impose the more than ten years imprisonment, life imprisonment or the death penalty rate. the two defendants and their counsel that the accused, although Chen, respectively, on the implementation of adultery, but not premeditated, not to discuss the process, there is no meaning to contact, does not constitute rape. trial also suggested that the defendant was no obvious means of two contacts that the defendant's separate the two behavior, will be gang-raped on insufficient evidence. We believe that, according to documented evidence, the case is gang-raped is no doubt. First of all, the two defendants had prior discussions, called the two young girls drinking points. When to see Chen and Chen Moumou After Cai Qiu to privately asked: intentional relations. While there is no evidence that the case of two accused forcibly alcoholism, but there is evidence the defendant asked the two inexperienced reflect the two victims of the whole dark glasses of red wine a dry situation. Secondly, the two young women accused in drunken jointly decided to open the room to the hotel, and others handed over by the public security organ of the first generation ID cards, fake names to open another room. Again, the two defendants on their cross-raped two young women, respectively, the situation is clear. Shen XX into the bathroom, Kuo-Hua Chiu then follow up by Shen certain drunk, in the bathroom sink within a certain implementation of the rape, during the glory went to the bathroom Choi Ji look, to see such and such a relationship and Shen Qiu Zheng. Choi Ji Rong also by Chen, in a drunken state of unconsciousness, Chen implementation of adultery. Kuo-Hua Chiu, after out of the bathroom, see Chen lower body naked in bed, knowing that was raped Chen Tsai, Chen also introduced adultery. Choi Ji Shen Rong will allowed to help out the bathroom lying in a bed of another, but also the implementation of the rape of a certain Shen. This is not at the same time the space has the same intersection of the two acts of rape victims, apparently belonging to gang rape. We can not just by denying the defendant's excuse is the fact that gang-raped. so Kuo-Hua Chiu, Cai Ji Rong and his defense attorneys presented no prior premeditation, do not mean to contact, not the views of rape in the defense and the defense, which was incompatible with the facts of the case should not be accepted. that only after complicity in advance will constitute rape, two business plan without prior, during the same period of time the spot has the same force and raped women did not constitute the views of rape, gang rape is clearly contrary to legislative intent, in the trial practice is harmful.
Third, on whether the accused has voluntarily surrendered themselves two questions
under the law, crime, surrendered after a true account of his crimes, is surrender. Huzhou in the hospital examined, the two accused raped, the victim Shen has been in the room certain Kuma, not discouraged. Cai Rong Ji and leave the hotel after telephone contact with the security Moumou, Chang and pick up the two victims. Moumou then went to practice with the Yang Moumou town with the two victims shanlian back to town. In the new one and Chen Shen shanlian a police station to report, the duty of the security Yao Moumou because I remember a certain afternoon of Shen Cheng Moumou with the security of the other's friends, then to telephone inquiries was on patrol Cheng Moumou, Cheng Moumou confirmed by the understanding of the two victims that night with Ji Rong Cai, Kuo-Hua Chiu together. Choi Ji Rong that the families of two victims have been police arrived after the Kuo-Hua Chiu Shanlian Town Middle School entrance, and others meet with Cheng Moumou discussion. Chengmou Mou Kuo-Hua Chiu, Department of the matter, Cai Ji Rong as the date for the report of the security on duty at the police station Xiaomou Mou, Xiao Moumou about 7 am on the 11th report to the police station the instructor, instructor, director told .
6 月 11th morning, the defendant Ji Rong Cai, Kuo-Hua Chiu together with Moumou to Shen and Shen XX XX uncle's family home to talk to an attempt to compensate for compounding of money .9 am, the defendant received two led to a phone call back to the unit, police director, instructor to find the two defendants were talking to understand the situation, the two began to have denied the accused had sex with young women through education, progressive account of rape after the fact. At noon, the two defendants City police station to be handed over to the practice.
above facts show that after the incident Kuo-Hua Chiu, Cai Rong Ji not only did not surrender the idea, but talks with the families of the victims in an attempt to cover up the facts of the crime Compounding; leadership to grasp the situation at the police station and was called back to talk to , still trying to cover up the rape, neither surrendered nor active account. so identified the two accused and defense counsel asked the reasons for surrender can not be established, the original verdict of a certificate for the police station alone, not to identify the two accused for investigation have voluntarily surrendered themselves, are obviously wrong.
four defendants pleaded guilty on how to hear a good case and how to deal with the prosecution's sentencing recommendation problem
first instance is based on the original case, the defendant pleaded guilty to the sole case of trial, and the press standardized sentencing between 6 months sentence. Prosecutors suggested in court baseline sentence of 3 years to 4 ½ years, the judge determined to be 4 years; Procuratorate finds that the defendant turned himself in two, requiring a light, in accordance with Supreme Court guidance, turned himself in certain punishment on the basis of 10% to 50% reduction, the judge decided to reduce 25%, that is 1 year, 3 sentenced to two years in prison for each defendant. from the program seems to have no problem speaking.
We believe that the guilty plea cases or by summary proceedings, the quality requirements of no difference from other ordinary cases, are required to get the facts clear, there is ample evidence, conviction and sentencing of the appropriate application of the law is accurate. Judicial Discretion to address the fairness of criminal trials, Nanxun as Nanxun a lot of energy, and the lessons are profound, and we should earnestly learn from.
prepared by: Ding Wei, Zhejiang Province Higher People's Court