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Yang said that her father was ordered by a
"From the reason that Yang will be the Church and my brother, he is my elder daughter, if not open to let Yang Yang will go for his 'pimp', as the younger Yang is absolutely impossible to take the initiative to ask him either looking girl . I know I was born daughter, Yang Yang will certainly have been instigated. "Yang's father said.
The villagers said that Yang After primary school in the village, went to the nearby King jiatun school, but for some reason, not on the finished junior high school, she went to a relative's home county to open a restaurant to work,http://bbs.wandingke.com/forum.php?mod=viewthread&tid=710235, since it rarely The village appeared. In recent years, Yang's brother also work outside the home, her parents always come home to close planted in busy time, usually also in the county to work to support their family. Her mother received a hotel in the city to wash the sheets and her father to work on construction sites. "In our eyes, the Yang family are good. Later I heard that Yang was caught breaking the law in the county, and we can not believe this is true!" At this point, a villager came to tell us excitedly, Yang The father came back.
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Yang's father, 47-year-old. "My daughter is out of this thing,http://www.enochnj.org/pagegen.cgi, even the doors are sorry we started out." Yang's father said,hogan interactive,http://bbs.cdlfauto.com/home.php?mod=space&uid=851271, their home and Yang will belong to the same family clan, from seniority, Yang Yang will be called uncle. He could not think of what to say to make Yang Yang will actually provide sex objects. After the verdict came out, he was more unexpected, "the court went so far as to make a let Yang Yang will 'scapegoat' judgment."
Fuyuan Yang will judge the alleged statutory rape case has aroused widespread concern in society, the case after Yang will not guilty verdicts, Fuyuan County People's Procuratorate on the case filed a protest. Yesterday afternoon, Qujing City Intermediate People's Court in Fuyuan County court of second instance of the second case, because the case is not heard in public, victims and their relatives Xiaowen not enter the courtroom.
Xiaowen leave to lie to participate as observers
Procuratorate: To believe that the law is fair
Four conditions did not hold the offenders
For this case, the reporter yesterday to Fuyuan County People's Procuratorate, the relevant person in charge of the case made a point of view.
Yesterday, Yang will turn back to where he once worked in Fuyuan county court, his identity becomes a suspect by a judge. Yesterday 14:30 Xu, although a police escort Yang will also not go to court, but in the court already taken strict security measures,http://www.yunnanbaoyang.com/home.php?mod=space&uid=78603, more than a dozen security guards wearing body armor, armed with rejection stick, in the courtroom outside the combat readiness. Some local people heard the news rushed to the court, looking forward to participate as observers.
"We have done everything the prosecution in accordance with legal procedures to carry out, to believe that the law is fair!" One official said.
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In addition to the public prosecutor in the courtroom, judges, bailiffs and court defense counsel, any other people do not have access to the courtroom. After the formal hearing, the security personnel will be closed all the doors. Xiaowen and his family tried to enter the courtroom through the other side door, but each has security personnel guarded the entrance. Xiaowen not prepared to take advantage of the security personnel, the ear firmly affixed to the door of the gap, listen to everything happened in the courtroom. Every one will, Xiaowen will go around their Aunt reporting news.
3, the second instance no right to bring a civil action
Later, the reporter learned from yesterday Xiaowen father say that once ruined his defendant will be tried in court after Fuyuan, let my brother took her to court observers, fear of affecting academic Xiaowen, brother and father did not agree with her requirements, but stubborn Xiaowen took the phone from the hands of his brother, called the teacher's phone, the teacher lying in sick.
For legal issues that exist in this case, China Law Society member, director of Yunnan Xin Jinqiao lawyer law firm Liu Aiguo, carefully studied the first instance verdict in Malone County Court on the case after said whether the case constitutes the crime of rape involving three Legal issues worth pondering.
From the mouth of court staff, reporters learned trial when the case 15. Victim Xiaowen, accompanied by his brother and aunt also came to court, they are busy looking for court related to leadership, wishing to participate as observers.
One official said that after the judgment of first instance, because the hospital is indeed a timely manner within the statutory time limit to lodge a protest in accordance with law, was able to go to the second instance. Although the procuratorate only for the Court of First Instance Yang will protest the verdict, but still the second trial will be conducted to review the whole case. Another name for this case and Yang Yang will work together to provide sexual object party Lee, this official said, Lee is still a minor, did not play a major role in the case, therefore, the prosecution did not appear for her prosecution.
15 am, a police car pulled into the court, into the door of the police car drive directly to the Second Chamber of the door. "She is, she is Yang lied to me." In the courtroom door,nike tn requin, Xiaowen accused police immediately recognize sitting on Yang. Subsequently, the police slowly poured into the Second Chamber of a side door, not long before it was pulled down shutter doors. "Let us go, we are the victims and the families of the victims." Xiaowen and their families want to go in as observers. "We can not make the Lord, wait presiding judge who called,http://scyspwh.com/bbs/home.php?mod=space&uid=252643, who can go sit." In front of security personnel he said. "This case related to personal privacy, not a public hearing." See their families tried to force their way into the courtroom, a staff member explained.
For this courtroom, Yang will too familiar, and now sat on the dock, Yang would be a bit uncomfortable. He kept his eyes glanced those former colleagues. At this time, standing outside the courtroom Xiaowen tears.
Judge "pimp" is the clan relatives
Reporter yesterday afternoon rushed Yang Liping's home - in Fuyuan County in Zhenlong sea village. It is a home to hundreds of families in the suburban village, now 21-year-old Yang and parents, brother lived in a two-storey brick house. But Yang's door was locked.
2, if knowing the age of 14
Asked if he knew what the outside when doing Yang,hogan outlet roma, Yang's father said that since her daughter to a relative Fuyuan city opened a restaurant work,piumini moncler, they obsessed with her daughter earlier support themselves on the line, rarely give Her money, Yang's daily life management also relaxed. For these reasons, they really have no way to know exactly what her daughter would do. Yang was arrested after until later, they could not believe she would do these things.
For the case of second instance when the victim is entitled to bring legal representatives Xiaowen and whether the issue of criminal incidental civil action, Liu Aiguo think, when the second trial, the victims and their representatives are entitled to institute criminal incidental civil action. Because the second instance is the facts are correct for the first trial, the evidence is admissible is legitimate, the applicable law is correct and impartial judgment is carried out. But now, the victims and their legal representatives can be based on the provisions of "Civil Law", and another case legally bring a civil action.
Through the courtroom door to see,http://www.aihoku.net/cgi-local/aska/aska.cgi/%255Burl=http:/AsHmWsjhpKK, Yang has bowed his head sitting on the dock. After a while, the defendant Yang will also be brought into the courtroom and sat down next to the defendant Yang Liping, and Yang different, Yang will not wear yellow jacket detention center, he of "undercover" to appear before the trial.
1997 China's "Criminal Law" Section 236 paragraph clearly states: adultery under 14 years old girl to rape be given a heavier punishment. This provision reflects the principle of such subjectivity, adverse social impact given a heavier punishment of criminal behavior. But the lack of this provision "is knowing the age of 14," the subjective element of this "objective incrimination" approach, does not meet the "Criminal Law" consistent penalties applicable principles of subjective and objective. January 8, 2003, the Supreme Court of the Judicial Committee "on the behavior of people not knowing that a girl under 14 years of age, if approved sexual relations constitute rape problem occurs consensual", "approved" provisions: the perpetrator knows is a girl under 14 years of age regardless of their sexual relationship, regardless of whether young girls voluntarily, shall be in accordance with the second paragraph of Article 236 of the Penal Code, the punishment for rape; the other is the behavior of people do not know a girl under 14 years of age, consensual sexual relations, did not cause serious consequences, the circumstances are obviously minor, it is not recognized as a crime. The judicial interpretation embodies the principle of "Criminal Law" want the same penalties apply subjective and objective, but also reflects the "discrimination" criminal policy. But this judicial interpretation is also clear that the four conditions are not considered to be a crime: the behavior of people do not know the other one is a girl under 14 years of age; the second is consensual sexual relations; the third is not serious consequences; Fourth minor. Only if it has the above-mentioned four conditions, the perpetrator's conduct was not recognized as a crime, otherwise, it should be recognized as a crime.
Liu Aiguo, that "residents booklet" prove citizenship law takes precedence effect "testimonial." The reason is that "residents booklet" clearly documented: Xiaowen was born in "28 September 1995", the "resident booklet" Xiaowen issued to the public security organs of the police station, is protected by law. Article IV specifies that "People's Republic of China Household Registration Regulations": "household registration book and registration matters booklet, have the effect of proof of citizenship." Household registration books and household items registered only after the public security organ for change registration or cancellation, or People's Court after the decision to withdraw the original registration information, matters before the original registration have no effect prove citizenship. Secondly, China's "Criminal Procedure Law" Article 121 stipulates that the investigation organ shall be used as evidence of expert conclusion inform the victim. If victims submit an application, you can add identification or re-identification. Meanwhile, the "Criminal Procedure Law" Article 42 also provides that appraisal conclusions must be verified, it can serve as a basis for decision. Conclusion The case can be identified without informing his legal representatives, are deprived of the right to apply for supplementary legal representative of victims identified and requalification. The court did not appear in court to victims and their legal representatives participating in the proceedings, therefore, the "Certificate of Authenticity" cross-examination on the absence of an important cross-examination opinion.
"It's a sin ah! In our minds, Yang grew up is a sensible child,louboutin outlet milano, who was pretty, too cute. We do not think she would do those things." Yang noted, neighbors sister Feng said. Several local villagers said, Yang and his family in the village, good man, Yang was young, her parents mainly rely on farming for a living do. Yang grew up in the village on the mouth sweet, no matter who encountered very polite.
1, the age of legal protection by registration booklet
Affected things, Xiaowen's academic performance plummeted. Outside the heavily guarded courtroom.
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發表於 2015-6-25 01:18:25
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