Li and Liu, a girl from the same village, got married soon after they fell in love. Married life is still simple and happy. After the birth of the child, the family's economic expenditure suddenly increased.
In order to earn money, Li left his hometown to work in a big city, leaving Liu to take care of the children at home. After Li went out to work, Zhou harassed Liu many times, visiting occasionally during the day and greeting at night. Zhou became bolder and bolder, and Liu was afraid. Zhou threatened to hurt her children if she didn't go with him.
Liu was helpless and had to follow him. Liu was raped for the first time, and she didn't call the police. One reason is that she feels it is a shame and even more afraid of being known by her husband. She endured it again and again. I didn't expect this to make Zhou even more presumptuous, and he came directly to have fun every now and then.
Liu couldn't help it any longer. He put rat poison in his tea, and Zhou died of poisoning after drinking it.
Lawyer's law popularization:
Does Liu's behavior belong to self-defense?
In the above cases, Zhou continued to commit sexual assault. According to the provisions of the third paragraph of Article 20 of the Criminal Law, it is not excessive to take defensive actions against violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in casualties of illegal infringers.
Therefore, Liu's act of poisoning Zhou belongs to the exercise of special defense rights, which belongs to legitimate defense and does not bear criminal responsibility.
Is Zhou suspected of rape? How to punish?
In the above case, Zhou violated Liu's sexual will and was suspected of rape. According to Article 236 of the Criminal Law, whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(a) Rape of women and young girls;
(2) raping a woman or a number of young girls;
(3) raping a woman in public in a public place;
(four) gang rape of more than two people;
(5) Causing serious injury, death or other serious consequences to the victim.
According to the above-mentioned laws and regulations, Zhou should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and be severely punished according to the principle of continuous offender punishment.
However, in the above example, we say that Zhou is dead. Can he be investigated for criminal responsibility after death?
According to Article 16 of the Criminal Procedure Law, in any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or the case shall be declared innocent:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The defendant died;
(six) other laws and decrees shall be exempted from criminal responsibility.
According to the above-mentioned legal provisions, Zhou, who has died, will not be investigated for criminal responsibility.
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