Almost all Chinese people have the mentality of taking advantage. This is not difficult to see from Wang Li's "A Treat" and Liang Qiushi's "Bargaining". But most people are rational and know what advantages they can and cannot take advantage of. Regarding illegal and criminal matters, even if it is really a big deal, you must not be tainted in the slightest, otherwise you will be punished by the law.
A strange case occurred in Jinzhou, Liaoning . A man in his 50s discovered that his female neighbor had cheated on her during marriage. As a result, my heart began to become unbalanced, and I thought about taking advantage of the opportunity to get a piece of the pie. As a result, he sneaked into the neighbor's house and threatened the neighbor. Before leaving, he also took away the female neighbor's mobile phone necklace and cash. What was the man's final outcome?
Zhang, who lives in Jinzhou, Liaoning, is an unemployed vagrant. After graduating from elementary school, he could not find a job and lived alone outside. Since 2014, he has been hunted by the public security organs and is a cyber fugitive. It was not until October 10, 2021 that the police captured him. And the reason why he was hunted down was because of the mentality of taking advantage.
In August 2014, Zhang accidentally discovered that his neighbor Ms. Zhang was cuddling with a strange man and even entered the room together. Ms. Zhang has a husband and a child. The child is only over one year old. It is obvious that the strange man is not Ms. Zhang’s husband. In order to confirm the relationship between the two, Zhang deliberately peeked at the window.
As expected, Ms. Zhang had sex with a strange man in the living room of her home. After confirming that Ms. Zhang had cheated on her, the first thing Zhang thought of was not to tell Ms. Zhang’s husband, but how to get a piece of the pie for herself. He believed that Ms. Zhang cheated in marriage because she was unbearably lonely. Since a man would be fine, shouldn’t he, who lives next door, be the first choice?
With this idea in mind, Zhang planned to sneak into Ms. Zhang’s home and have sex with Ms. Zhang, thereby threatening Ms. Zhang to maintain an improper relationship with him. So that night, Zhang sneaked into Ms. Zhang's home and prepared to invade her. But he found Ms. Zhang sleeping with her child in her arms and had no chance to attack him.
So Zhang gave up the idea of infringement, and instead took away Ms. Zhang’s mobile phone jewelry and cash placed on the bedside. Just when Zhang was about to leave, he saw that the young female neighbor was still unwilling to give up. So he went to the window, tore off Ms. Zhang's clothes, and forcibly touched her breasts and private parts.
Ms. Zhang, who felt something, was awakened and screamed in fright when she saw Zhang. Zhang was also frightened by Ms. Zhang's cry and quickly escaped from the window. Ms. Zhang went to the police station to report the matter the next day. Fearing that she would be caught, Zhang ran away to other places. She has been on the run for more than 6 years and has not dared to return to Liaoning.
However, Tianwang was very careful and careful, and Zhang’s illegal and criminal behavior must be punished. After six years, he was finally arrested. But after being arrested, Zhang still showed no repentance, and even said: "She is just a casual woman, so what if I touch her?" At present, the People's Procuratorate of Jinzhou City, Liaoning Province has charged with obscenity and with breaking and entering. He was prosecuted for theft and I believe the court will make a corresponding trial decision.
Many people have some questions about this case. For example, why was Zhang in the case charged with obscenity instead of rape?
According to the provisions of Article 237 of the "Criminal Law of the People's Republic of China", the crime of forcibly molesting another person against his or her will by violence, threats or other means is the crime of indecency. Under normal circumstances, the crime of obscenity does not include sexual intercourse, but common behaviors include touching, hugging, etc. Zhang in the case meets the description of the crime of obscenity, but this is not an important reason for his characterization.
As for the crime of rape, it does not necessarily constitute the fact of assault. Even if there is no sexual intercourse, it can still constitute the crime of rape. It is an attempted rape. The main difference between the two is that the crime of rape must be against the victim's will, using violence, threats, injuries or other means to force the victim to perform sexual acts.
Therefore, the starting point and goal of the crime of rape is to have sexual intercourse, while the crime of indecent assault generally does not include sexual intercourse, especially when a man constitutes the crime of indecent assault on a woman. Obviously in this case, Zhang had given up the assault, but was unwilling to leave. So he touched Ms. Zhang's private parts with the idea of taking advantage of her. This should be considered indecent assault, not rape.
In addition, there is another problem, that is, the issue of the statute of limitations for to pursue . Many friends who know the law know that cases have a statute of limitations for prosecution, and after this statute of limitations, they cannot be prosecuted and prosecuted. So Zhang has been on the run for 6 years and has exceeded the 5-year statute of limitations. Can he still be punished?
The answer is of course that he can be punished. Although the "Criminal Law" stipulates a valid period for criminal prosecution of criminals, after this period, the judicial organs can no longer prosecute. However, Article 88 of the Criminal Law also stipulates that those who evade investigation or trial after the public security organ accepts the case are not subject to the limitation of the prosecution period.
The victim, Ms. Zhang, immediately chose to call the police after she was killed. The public security organs also opened a case for investigation and conducted an investigation and pursuit of Zhang. Therefore, Zhang is a fugitive, and this case is no longer subject to the time limit for prosecution. In addition, depending on the maximum sentencing, the statute of limitations also varies.
Article 87 of the Criminal Law stipulates that after a case is accepted, if the statutory maximum penalty is fixed-term imprisonment of less than five years , the statute of limitations shall be five years; if the statutory maximum penalty is more than five years but less than ten years of fixed-term imprisonment, the statute of limitations shall be five years. The limitation period is ten years; if the statutory maximum penalty is fixed-term imprisonment of more than ten years, the limitation period is fifteen years.
If the statutory maximum penalty is life imprisonment or death, the statute of limitations shall be twenty years. However, even if it has been more than twenty years, it can still be prosecuted, but it needs to be reported to the Supreme People's Procuratorate, and effective prosecution can only be carried out after approval.
In summary, as long as Ms. Zhang reports the crime in time after the incident, Zhang will be held legally responsible no matter how many years pass. Once Ms. Zhang fails to report the crime, or chooses to report the crime after five years, if Zhang’s final sentence is five years’ imprisonment, the judicial authorities will not be able to prosecute her.
Therefore, for every victim, calling the police is the first thing to do. Don’t feel embarrassed or embarrassed. Only by calling the police in time can the criminal suspect be brought to justice and the basic rights of the victim be protected. right.
Therefore, the starting point and goal of the crime of rape is to have sexual intercourse, while the crime of indecent assault generally does not include sexual intercourse, especially when a man constitutes the crime of indecent assault on a woman. Obviously in this case, Zhang had given up the assault, but was unwilling to leave. So he touched Ms. Zhang's private parts with the idea of taking advantage of her. This should be considered indecent assault, not rape.
In addition, there is another problem, that is, the issue of the statute of limitations for to pursue . Many friends who know the law know that cases have a statute of limitations for prosecution, and after this statute of limitations, they cannot be prosecuted and prosecuted. So Zhang has been on the run for 6 years and has exceeded the 5-year statute of limitations. Can he still be punished?
The answer is of course that he can be punished. Although the "Criminal Law" stipulates a valid period for criminal prosecution of criminals, after this period, the judicial organs can no longer prosecute. However, Article 88 of the Criminal Law also stipulates that those who evade investigation or trial after the public security organ accepts the case are not subject to the limitation of the prosecution period.
The victim, Ms. Zhang, immediately chose to call the police after she was killed. The public security organs also opened a case for investigation and conducted an investigation and pursuit of Zhang. Therefore, Zhang is a fugitive, and this case is no longer subject to the time limit for prosecution. In addition, depending on the maximum sentencing, the statute of limitations also varies.
Article 87 of the Criminal Law stipulates that after a case is accepted, if the statutory maximum penalty is fixed-term imprisonment of less than five years , the statute of limitations shall be five years; if the statutory maximum penalty is more than five years but less than ten years of fixed-term imprisonment, the statute of limitations shall be five years. The limitation period is ten years; if the statutory maximum penalty is fixed-term imprisonment of more than ten years, the limitation period is fifteen years.
If the statutory maximum penalty is life imprisonment or death, the statute of limitations shall be twenty years. However, even if it has been more than twenty years, it can still be prosecuted, but it needs to be reported to the Supreme People's Procuratorate, and effective prosecution can only be carried out after approval.
In summary, as long as Ms. Zhang reports the crime in time after the incident, Zhang will be held legally responsible no matter how many years pass. Once Ms. Zhang fails to report the crime, or chooses to report the crime after five years, if Zhang’s final sentence is five years’ imprisonment, the judicial authorities will not be able to prosecute her.
Therefore, for every victim, calling the police is the first thing to do. Don’t feel embarrassed or embarrassed. Only by calling the police in time can the criminal suspect be brought to justice and the basic rights of the victim be protected. right.
