Kidnapping two children 14 years, the suspect only suggested five years? This matter quickly caused a heated discussion on the Internet. What is the legal basis for recommending sentencing? Crime of trafficking in children and crime of trafficking in children, why are the sentences different?
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Weibo screenshot
Sun Haiyang thinks the sentencing suggestion is too light.
Want to sue 5 million
In 2007, Sun Zhuo, then 4 years old, was abducted in front of her own steamed bun shop in Baishizhou, Shenzhen. Seven years later, the story of finding relatives based on Sun Zhuo's father Sun Haiyang was adapted into the film Dear. After another 7 years, 202 1 year, Sun Haiyang finally found his son.
Today, Sun Haiyang has once again become the focus of public opinion. On June 14, he posted the prosecution's sentencing suggestions on social platforms.
According to this proposal, the defendant Long was suspected of crime of trafficking in children, but only of harboring and sheltering. Upon examination, our court held that the actions of the defendants Long and Guang violated the provisions of Articles 262, 365 and 438 of the Criminal Law of People's Republic of China (PRC) respectively. The facts of the crime are clear and the evidence is indeed sufficient. We should be convicted of crime of trafficking in children, harboring and harboring respectively. In view of the bad nature of the defendant Long's abduction and trafficking of two children, it is recommended to be sentenced to five years' imprisonment; In view of the fact that defendant Wu Mou is a recidivist, it is suggested that defendant Wu Mou be sentenced to two years and six months' imprisonment.
"Kidnapping a child will bring great harm to parents and even the whole family, and the social impact is also very bad. They abducted two children 14 years. " Sun Haiyang said, he thinks that such sentencing suggestions are too light.
Sun Haiyang told the media that he consulted his lawyer and learned that the prosecution also suggested sentencing according to law, because the police did not find Wu Mou Long guilty of kidnapping, but only confirmed the crime of kidnapping, which is the only way to sentence according to the existing laws.
He will file a civil lawsuit against Long, demanding compensation of 5 million yuan, including compensation for mental damage. "I don't care how much he can pay, I just hope he can get the severe punishment he deserves."
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Data map: A wedding. Photo courtesy of Hangzhou Binjiang Public Security Bureau
Crime of trafficking in children and crime of trafficking in children.
What is the difference?
This incident caused a heated discussion among netizens. Some netizens said, "I have been looking for children for more than ten years, and the traffickers have been sentenced for more than a few years." Some netizens questioned that trafficking and kidnapping are taking children away from their parents, which makes no difference to the families of the victims. Why are the sentences different?
An Xiang, director of Beijing Dexiang Law Firm, told Zhongxin.com that according to the current law, those who abduct and sell women and children are sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined. Under special circumstances, they can be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or even death penalty, such as abducting and selling the ringleaders of women and children groups, abducting and selling more than three women and children, raping abducted women, and causing serious injuries, deaths or other serious consequences to abducted women and children or their relatives. However, in general, human trafficking will be punished for 5 to 10 years.
Crime of trafficking in children refers to abducting/abducting minors under the age of 0/4 to leave their families or guardians, and being sentenced to fixed-term imprisonment of not more than five years. For crime of trafficking in children, five years is the upper limit of sentencing, while for crime of trafficking in children, five years is the lower limit.
How to determine "abduction" or "abduction"? An Xiang explained that the purpose of trafficking in women and children is to sell, kidnap, buy, sell, pick up and transfer women and children. Crime of trafficking in children is not for the purpose of selling or trading. Usually, children are abducted to be raised as their own children, or let them do some work by themselves and enslave them. This is the legislative difference between the two.
In practice, it is necessary to distinguish "abduction" from "abduction". First, it depends on whether there is any selling behavior objectively, such as whether there is contact with the family, buying and selling transactions, etc. , and you don't need to actually generate transactions, just perform related activities. The other is to see whether there is a subjective purpose of betrayal, usually based on the confession of the criminal suspect.
"In this case, it is likely that the public security organs and procuratorial organs failed to seize the evidence that the other party carried out trafficking for the purpose of trafficking. Therefore, in the end, only a relatively light crime of trafficking in children can be used as the basis for conviction and sentencing recommendations. " An Xiang said.
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Data map: A wedding. Photo courtesy of Jingkou Branch of Zhenjiang Public Security Bureau
"God never shuts one door but he opens another", what else can we do?
A word difference, sentencing is very different. Ruan Qilin, a professor of criminal law at China University of Political Science and Law, once reminded that the public should distinguish between crime of trafficking in children and crime of trafficking in children. The latter does not have interest-driven and trading behavior, and the sentence is lighter than the former. Take the payment case as an example. If the statement that "the trafficker gave it to others for support" is established in this case, then this case should be a child abduction case.
An Xiang believes that whether it is "abduction" or "abduction", it may contain some harmful behaviors, such as illegal detention and kidnapping, and the object of its infringement is abducted children. Criminal acts have dealt a serious psychological blow to the victims and their families, and destroyed the most precious family ties in China. From the point of view of the adaptation of criminal law to crime and punishment, the current crackdown is not enough to deter related behaviors, nor is it enough to match the social harm and subjective malignancy caused by their behaviors. It is suggested that the punishment for the crime of abducting and selling children should be strengthened in the future.
In addition, in addition to traffickers, during the two sessions this year, many deputies suggested starting from daily life and realizing "normalized abduction". For example, the strict household registration management responsibility of local public security organs makes it impossible for trafficked women and children to stay in the local area and household registration; Strengthen the general survey of abducted women and children and eradicate the "buyer's market".
Some experts and scholars believe that the statutory punishment for the crime of buying abducted women and children should be increased, and some people call on buyers and sellers to "punish the same crime with the same punishment".
Zhang Baoyan, deputy to the National People's Congress and founder of Baby Home, said that the punishment for the buyer should not be lower than that of crime of trafficking in women and children. She also suggested that criminals (including buyers) should be held accountable for life.
"From the perspective of the transaction process,' no trafficking without buying', market demand has spawned a large number of cases of child trafficking, and buying and selling is legally criminal." An Xiang believes that in the past, legislation focused on cracking down on the trafficked party, and the punishment for the bribed party was lower, which may be due to the consideration of reducing the obstacles for public security organs to rescue trafficked women and children.
With the progress of new theories and the changes of social environment, such as police force, all kinds of informatization and developed transportation, the legislation can consider making appropriate adjustments to improve the sentencing standards at both ends of the sale and purchase from the perspective of crime and punishment, which is more conducive to cracking down on trafficking.