1. What happened
21165438 In the early morning of October 3, 26, Jiang Ge and Liu Xin went out to work and returned to their home in Nakano, Tokyo. At home, they met Chen Shifeng, a 24-year-old female student from China, who died after being stabbed several times by Chen Shifeng. According to the Nakano Police Station of the Japanese National Police Agency, Jiangge was cut with a knife in the corridor on the second floor of the rented apartment, and the wound was 1 cm long. The suspect is believed to be Chen Shifeng, the ex-boyfriend of Jiangge's roommate. According to Jiang Qiulian, Jiangge's mother, on her social platform, Jiangge was killed because Liu Xin entered the house in advance and locked the door, resulting in the helpless Jiangge being stabbed to death. At the time of the incident, Chen Shifeng was a first-year graduate student in the Department of China Studies at Tokyo Dadong Culture University. Chen Shifeng was arrested by Japanese police on suspicion of murder. According to Japanese law, the murderer Chen Shifeng may not face the death penalty, which is unacceptable to Jiang Qiulian, a single mother who lost her daughter.
Jiang Qiulian arrived in Tokyo on October 4th, 2117, local time, and then began a series of preparations for the signature petition, including posting information on social networking sites and software, in which more than a dozen volunteers joined to help make exhibition boards, display cards and other appliances. On October 12, 217165438, Jiang Ge's mother, Jiang Qiulian, with the help of more than a dozen volunteers, held a petition signing activity in Ikebukuro Xikou Park in Tokyo, calling for the death penalty for Chen Shifeng. Many people gathered in the park to participate in the activities. Everyone lined up in an orderly manner and signed their names to express their condolences to Jiang Qiulian.
II. Victim Information
Jiang Ge, a China girl who was killed, was born in Qingdao in 1992. In 215, Jiangge began to study at the Japanese Language School. In 216, he entered the first year of master's degree at Hosei University in Japan. He was only 24 when he was killed.
III. Trial of the case
The case of Chen Shifeng's murder of Jiangge began to be heard in the Tokyo District Court on February 1, 217, and the trial time was February 6, 217. In the trial of 217 12 18, the prosecutor suggested that the court sentence the defendant Chen Shifeng to 2 years' imprisonment.
Fourth, the prosecution requests that sentencing be considered from seven perspectives.
1. The crime is vicious and cruel;
2. Intense murder;
3. Threatening, stalking and other related evils;
4. Causing serious consequences;
5. planning;
6. In an attempt to kill Liu Xin, Liu only escaped by accident;
7. Chen didn't reflect at all, and the court quibbled.
V. The judge announced five judgment bases of Jiangge case:
1. The knife belongs to Chen Shifeng, not to Jiangge by Liu Xin;
2. Chen Shifeng said that washing clothes that night was unreasonable and there was a plan to kill people.
3. Chen has a strong intention to kill;
4. Chen didn't help Jiangge at that time, which means it can't be manslaughter;
5. Chen didn't blame himself.
265438+7On February 2th, at 3pm, Jiangge's murder case was pronounced in Tokyo District Court. The court sentenced the defendant Chen Shifeng to 2 years' imprisonment for intentional homicide and intimidation.
intransitive verb public appeal
In p>217, 265 438+7, on February 23rd, it was reported that Chen Shifeng submitted a complaint.
seven. Case dropped
On February 29th, 265438+2765438, Chen Shifeng dropped the case, and the appeal period was 265438+2865438+October 4th. The Tokyo District Court officially announced the news of Chen Shifeng's withdrawal on October 5th, 265438+2865438. The case was closed and Chen Shifeng was sentenced to 2 years' imprisonment.
eight. Jurisdiction of the case
According to the relevant provisions of the principle of territorial jurisdiction, if a citizen of a country commits a criminal offence in another country, it should be handled according to the principle that the law of the country where the crime occurred takes precedence, that is, the country where the crime occurred has priority jurisdiction. Take the Jiangge case as an example. It happened in Japan. Even if both the suspect and the victim are from China, the trial will be conducted according to the principle of territoriality and Japanese criminal law.
legal basis
criminal law
article 1 anyone who commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this law may still be investigated according to this law, although he has been tried in a foreign country. However, those who have been punished in foreign countries may be exempted or mitigated.
Interpretation of the Application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 1 China citizens who commit crimes outside the territory of People's Republic of China (PRC) shall be under the jurisdiction of the people's court of their place of landing, place of entry, place of residence before leaving the country or their current place of residence; If the victim is a citizen of China, it may also be under the jurisdiction of the people's court of the victim's previous residence or current residence.
article 11 if a foreigner commits a crime against People's Republic of China (PRC) outside the territory of People's Republic of China (PRC) and is liable to be punished according to the criminal law of People's Republic of China (PRC), it shall be under the jurisdiction of the people's court of the place where the foreigner landed, entered or lived after entering the country, or under the jurisdiction of the people's court of the victim's former or present residence.