20 191On the afternoon of October 20th, Kiki, the daughter of 10, was lured to her home by a boy of 13 in the same community on her way home from an interest class. She was brutally stabbed to death seven times, and then abandoned her body in the Woods opposite her home.
Ms. He introduced that Cai was under two months 14 years old at the time of the crime, and did not reach the legal age of criminal responsibility. He was not investigated for criminal responsibility and was finally imprisoned for three years.
On June 5438+ 10, 2020, Ms. He and his wife filed a civil lawsuit against the injurer Cai Moumou and his parents on the grounds of a dispute over the right to life. 10 In August, the Shahekou District Court of Dalian City ruled that Cai's parents publicly apologized to the plaintiff Qiqi's family in the print media of Liaoning Province within 10, and compensated 1.28 million yuan.
On September 10, Ms. He and her entrusted agent Tian applied to the Shahekou District Court of Dalian for enforcement.
Ms. He said that after the judgment came into effect, Cai's parents never executed the effective judgment. On September 10, Ms. He submitted an application for enforcement to the Shahekou District Court in Dalian, requesting the court to force Cai Moumou and others to perform the effective judgment. The court accepted the case on the same day and decided to file a case for enforcement.
Ms. He confirmed to the reporter of Huashang Daily that before the festival, she received a notice from the court that Cai's parents were judicial custody on 15 for failing to execute the effective judgment. "I called my lawyer yesterday (10 9), and they have been detained since September 29th 15 days. Detaining and auctioning their property are two different things. They were detained after failing to execute the judgment. "
"The auction is to compensate the Kiki family." Tian, the agent entrusted by Ms. He, also confirmed to the reporter of Huashang Daily that a property under the name of Cai's parents has entered the auction procedure and will be publicly auctioned on the judicial auction platform on 1 1.2.
The execution ruling of the Shahekou District Court shows that the court seized a house under the name of the executed person Cai Moumou on June 22, 65438, and issued a ruling on September 8 to evaluate and auction the property involved. According to the auction announcement, the starting price of the first auction is 1 1.4 million yuan, and this house is the house where Kiki was killed.
Ms. He introduced that this house is the crime scene where Cai Moumou killed his daughter. "Since my daughter's accident, the house has been closed. It's a three-bedroom apartment, 100 square meters. It is estimated that the judicial auction can auction more than 1 100. If it is not enough to pay our proposed1280,000 yuan, we will auction their other houses, or they will take money. number
Tian said: "It was enforced by the court and decided to auction directly online. The market situation is not good now. The auction situation is uncertain. The court did not find out that their family had other property. At present, the three of them only have this 100 square meter commercial house, which is a three-bedroom apartment with no other real estate. If they do transfer their property, they must be punished. At present, Ms. He can only look at the auction first, and then decide the situation of civil execution. "
65438+ 10 20th is the first anniversary of Kiki's murder. Ms. He is going to pay homage to the crime scene with her family.
Ms. He said that 10 is the anniversary of her daughter's murder. For a year, she and her husband thought about their daughter all the time. "My daughter has been gone for a year, and now I miss her every day. I once dreamed of her skipping rope. This year is too difficult. My daughter is still lying in the funeral home. I kept a lot of things she used. Sometimes when I miss my daughter very much, I will lie in her crib. By the first anniversary of June 20th 10, I will burn more money for my child, buy her clothes and food, and take them with me.
Because of her daughter's death, she and her husband have no intention of working at all. "Kiki's father is 42 years old. After the child left, his hair turned white, his personality changed greatly and he didn't want to talk much. He drives an excavator. In order to make a living, he had to start working recently. "
Ms. He said that although the court ruled, the Cai family only executed it according to the judgment. So far, there has been no public apology and compensation. "Their family is particularly incomprehensible."
Tian also said: "They don't even have the slightest apology, and they don't have the sincerity to repent."
On the one hand, Ms. He's family is suffering in grief, and on the other hand, Ms. Cai's family does not apologize or compensate.
"Everything that Cai Moumou has done, including his psychological quality, is actually far beyond his 13 age. He is particularly hateful ... "Ms. He told the Huashang Daily reporter angrily," He killed people at such a young age. On the day my daughter was killed, he had a mobile phone for my crying and my every move. He filmed it through his window and sent the video to their class and classmates.
According to the screenshot of WeChat provided by Ms. He, on the day of the incident, it was suspected that Cai Moumou revealed the case to his classmates in an insider's tone: "The pants were taken off, making people naked and killing people. They disappeared after 3 o'clock, just found it, just opposite my door. Show you the video ... "
The WeChat screenshot also shows that it is suspected that Cai Moumou is worried about being suspected by the police and worried that he will be punished: "Give me a list of suspects, I am a child who suspects me. I owe it to wipe our blood. On the same piece of paper, I threw the paper I wiped his (her) blood into my garbage bag and began to doubt me. Where are my fingerprints? It is determined to be rape and murder, and the forensic doctor is investigating the case. I wiped the blood on the ground with my blood ... I was 14 years old, which was very miserable. "
Ms. He introduced: "He stabbed 7 times, and there was too much blood in the last knife. After the incident, Cai Moumou went to the grove opposite his home to throw the body, and also pressed a lot of large pieces of cement abandoned by decoration on my daughter. I'm afraid my child won't die. It's really not a human thing. "
Kiki's uncle had previously been interviewed by a reporter from China Business Daily, pointing out that after the niece disappeared and was killed, Cai Moumou, who was 1.75 meters tall and weighed 70 kilograms, pretended to ask the child if he had found a father who was eager to find his daughter. Judging from his calm handling of the murder scene, Cai Moumou, as a minor child, is mature enough to be described as cunning.
Ms. He said that what is even more unacceptable to the families of the victims is that the daughter's bones are not cold, and Cai's parents actually went to the shelter to celebrate their son's birthday.
"You see how hateful, my daughter is dead. In June 5438+10, they went to the shelter to celebrate his 14 birthday. They didn't go in because of the epidemic, but the cake was delivered. If I were his parents, I wouldn't do it. People should at least have a conscience. Their child was killed (by your son). How can they have the heart to celebrate their son's birthday? This is the minimum conscience a parent should have. I really can't understand this family. "
Ms. He believes that Cai has been dissatisfied with 14 for 3 years. When parents know to buy a cake for their son's birthday, do you know when the murdered girl will have her birthday?
China's Criminal Law stipulates that minors who reach the age of 16 shall not bear criminal responsibility. Although the age of accountability for eight types of criminal crimes, such as intentional homicide, was relaxed to 14 years old, Cai Moumou was only two months away from reaching 14 years old when he committed the crime, and he still belongs to a person without criminal responsibility. Four days after the incident, the police made a three-year detention education decision on Cai Moumou, which is already the most severe punishment within the legal framework.
Ms. He insists that the threshold of imprisonment should be lowered. "Although my daughter is gone, I am also in favor of lowering the minimum age of criminal responsibility in the future. It is too light to punish him now. My daughter is dead. In fact, there is no protection for our victims. This is so unfair to us. At the very least, the age of minors should be reduced to 10 to 12. If they break the law, they should pay the price. At least, they should be imprisoned. He may not die, but he must be sentenced to repentance. "
In this regard, Tian said that Cai Moumou's attempted sexual assault to murder shows that he is mentally mature and should bear criminal responsibility. "If we do not impose severe sanctions on similar juvenile crimes, I am afraid it will cause other minors to imitate. This is stipulated in the Criminal Law 1979. It has been 40 years now, and the revision of China's criminal law is also very difficult. If there is a new situation, you can only appeal more and lower the minimum age of criminal responsibility. "