Picture from the Internet
Finally, the dust settled, and the Wu Moufan incident, which had been hustle and bustle for more than a year, finally ushered in the first instance judgment. This foreigner born in China and with Canadian nationality finally paid the price of losing 13 years of freedom because of the behavior of "I am very big, you endure it."
Wu Moufan was born in Guangzhou on November 6, 1990. His father, , Li Kaiming, , is from Hubei. He was once the deputy director of the South China Institute of Environmental Sciences of the Ministry of Environmental Protection of the People's Republic of China. His mother, Wu Xiuqin, is from Baiyin, Gansu. He graduated from , Wuhan University of Water Conservancy and Electric Power. He met Li Kaiming, who also studied for a master's degree in water resources system engineering at Wuhan University of Water Conservancy and Electric Power. The two got married.
After marriage, due to the work of the couple, Wu Moufan, who was young, lived with his grandfather and grandmother in Baiyin, Gansu Province. At the age of 5, he went to Guangzhou to attend elementary school. After his parents divorced at the age of 10, they immigrated to Vancouver, Canada with their mother and obtained Canadian nationality. At the age of 15, they returned to Guangzhou to study and live again.
At the age of 17, he officially changed his mother's surname from "Li Jiaheng" to "Wu Moufan" and returned to Canada to study Gray Dot Middle School and Winston Churchill Middle School.
At the age of 18, he accompanied his friend to participate in the talent show held by South Korea SM Entertainment in Canada. He became a trainee under his fate and went to South Korea for training alone. Since then. His representative works include "Big Bowl of Wide Noodles" and some movies. Except for " Lao Paoer ", the other petals have ratings below 5.0, which is 100% of bad movie makers.
But such a talentless foreigner, with his yellow face, did evil in China and relied on his handsome skin to harm the ignorant girl.
From the first instance judgment, the facts found by the investigative agency were found in just two months from November to December 2020. Three women were drunk at his residence, and then they had sex with him when the girl lost consciousness and could not resist;
There was also a more serious crime that occurred on July 1, 2018. Wu Moufan and others organized two other women to drink and perform multiple activities.
Finally, on the morning of November 25, 2022, the Chaoyang District People's Court of Beijing publicly sentenced the defendant Wu Moufan for rape and sexual misconduct in the first instance, and sentenced him to multiple crimes and sentenced him to thirteen years in prison and additional deportation.
Regarding this case, I would like to introduce the following legal knowledge points:
1. Do foreigners commit acts that violate Chinese laws in China and need to bear criminal liability?
According to the relevant provisions of the Criminal Law of my country, my country's criminal law is given priority to the use of the territorial principle. The so-called territorial principle is means that regardless of the nationality and nature of the criminal , as long as the crime is committed in the Chinese field, all the criminal law of my country is applied, that is, the so-called criminal law is effective and in all areas of the country.
Moreover, as my country's international status continues to rise, foreigners living in China have also lost their superior capital. The practice of crimes involving foreigners that were tried by only intermediate courts has also been broken. As long as foreigners do not involve "life imprisonment, death penalty, absentia trial and confiscation of all property", grassroots courts have the right to hear it. For this time, Wu Moufan's case was tried by Chaoyang District Court.
2. Since you are going to be deported, is Wu Moufan's place for 13 years in prison in his country - Canada?
If the answer is no, the so-called deportation is stipulated in Article 35 of the Criminal Law: [Deportation] For foreigners who commit crimes, deportation may be applied independently or additionally applied.
Wu Moufan's judgment is used additionally, means that Wu Moufan must complete a 13-year imprisonment in China before he will be deported.
3. How many years does Wu Moufan have to step on the sewing machine?
Although the final sentence was 13 years, according to " Criminal Law of the People's Republic of China ", Article 78 of criminals sentenced to control, detention, fixed-term imprisonment, and life imprisonment, if they seriously abide by the prison rules, receive education and transformation, have shown repentance, or have made meritorious performance, they may be reduced in sentence; if they have one of the following major meritorious performances, they shall be reduced in sentence: (I) To prevent major criminal activities from others;
(II) To report major criminal activities inside and outside the prison, and it has been verified to be true;
(I) To have inventions or major technological innovations;
(IV) Sacrifice yourself to save others in daily production and life;
(V) Prominent performance in resisting natural disasters or excluding major accidents;
(VI) Make other significant contributions to the country and society.
The actual sentence executed after the commutation of sentence shall not be less than the following period:
(I) Those sentenced to prison, detention, or fixed-term imprisonment shall not be less than one-half of the original sentence;
(II) Those sentenced to life imprisonment shall not be less than thirteen years;
(I) Those criminals who restrict the commutation of sentence shall be reimbursed in accordance with Article 50, paragraph 2 of this Law shall be reimbursed to life imprisonment in accordance with the law after the expiration of the reimbursement of sentence shall not be less than twenty-five years. After the expiration of the reimbursement of sentence shall not be less than twenty years.
In other words, if Wu Moufan pleads guilty and accepts transformation, and then makes outstanding contributions to China by the way of invention or technological innovation, he will be OK if he only lives in prison for 6 and a half years. However, in judicial practice, prisoners as well as well as Wu Moufan are very cautious about using , so Wu Moufan's minimum sentence should be about 9 years.
OK. If you don’t understand what else do you don’t understand about Wu Moufan’s case? Welcome to leave a message to tell me.
# Wu Yifan was sentenced to 13 years in the first instance#