This crime was changed from the Criminal Law Amendment (IX) to the crime of compulsory indecency and insult.
Article 237 of the Criminal Law stipulates that whoever forcibly molests others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever gathers people in public places to commit the crime mentioned in the preceding paragraph or has other bad circumstances shall be sentenced to fixed-term imprisonment of not less than five years and molested children, and shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs. " [ 1]
What is the crime of compulsory indecency and insult to women, what are its characteristics and how to punish it? Article 237 of the Criminal Law of People's Republic of China (PRC):
Whoever forcibly molests or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever gathers people in public places to fight or commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever molests children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.
According to the Ninth Amendment of the Criminal Law officially implemented on 20 15+0 1, the object of the crime of indecency is expanded from "women" to "others", and the sexual freedom of men will also be protected by law. [ 1]
The crime of compulsory indecency and insult to women (Item 2 of Article 237 of the Criminal Law 1) refers to the act of compulsory indecency or insult to women by violence, coercion or other means. [2-3]
Is the statute of limitations for the crime of indecent assault on women a private prosecution? Usually ten years.
Article 87 of the Criminal Law of People's Republic of China (PRC) * * * A crime with a limitation period shall not be prosecuted after the following period:
(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;
(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;
(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;
(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval.
Article 236 Whoever commits the crime of * * 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 commits adultery with * * under the age of fourteen shall be given a heavier punishment on the basis of * * *.
* * * Whoever commits adultery with a woman * *, under any of the following circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(a) * * women, adultery * * vile;
(two) * * * women, adultery * * many people;
(3) Women in public places;
(four) more than two people * * *;
(5) Causing serious injury, death or other serious consequences to the victim.
(He Sen) Sun Ruihong, a professional criminal defense lawyer in Luoyang: How to distinguish the crime of * * * from the crime of compulsory indecency and insult to women? Of course, it is easy to distinguish what has been accomplished. If it is not accomplished, how can it be determined? Or how to identify it at first?
According to Article 80, will you be punished if you are detained for nine days? Article 237 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever forcibly molests or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever gathers people in public places to fight or commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years.
If you are detained and meet the above conditions, you are likely to be sentenced. I don't know what you mean by being detained for nine days. After being detained for nine days, you were released?
Is compulsory indecency an optional crime? It is a crime, not an optional crime. In fact, this crime should be called the crime of compulsory molestation of women. However, because this crime was separated from the previous hooliganism crime, I was afraid that the judge at that time would think that only the crime of indecency against women was sentenced, and the crime of insulting women was not sentenced. So it is called the crime of compulsory indecency and insult to women. However, it should be noted that the insult of this crime is not the same concept as the insult of the crime of insult. Pay attention to the difference.
Forced victims of indecent assault on women to file a lawsuit. Does the other party want a lawyer? If there is no misunderstanding, the injured party files a criminal private prosecution. In this case, it is suggested that it is best to entrust a lawyer to defend, otherwise improper performance in the trial will have adverse consequences and eventually lead to fixed-term imprisonment. Hope to adopt.
How do lawyers view compulsory indecency and insult to women? If you find a lawyer, can you not be sentenced? According to Article 237 of the Criminal Law: "Whoever forcibly molests or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever gathers people in public places to fight or commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever molests children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs. "
Therefore, it is a crime to force women to molest or insult them. As long as the facts exist and are verified by the public security organs, they will be sentenced.
If you had hired a lawyer, you wouldn't have been sentenced.
What compensation does the victim get for the crime of compulsory indecency and insult to women? If mediation is conducted, the amount and standard of compensation can be negotiated. If three people mediate, only criminal incidental civil action can be brought, and the scope of compensation should be in line with the law, mainly the direct loss of body and property caused by the criminal suspect or defendant to the victim.
Will the crime of compulsory indecency and insult to women be sentenced if there is insufficient evidence? Since the evidence is insufficient and it is legal not to prosecute, it will definitely not be sentenced.