The first view is that the defendants Ji Yong, Ma Honghua and Fei Cash constitute the crime of rape (attempted). Although formally, Ji Yong, Ma Honghua and Fei Cash did not have the subjective elements of having sex with Zhang personally, and they were not the perpetrators of raping a young girl, in essence, the three defendants Ji Yong, Ma Honghua and Fei Cash achieved the goal of raping Zhang by forcing Fang to have sex with Zhang.
The second view is that the defendants Ji Yong, Ma Honghua and Fei Qian forced Fang to have sex with the victim Zhang, which constituted the crime of compulsory indecency against women. The real motivation of the three defendants to force Fang to have sex with Zhang is to watch Zhang have sex with Fang in public and seek sensory stimulation, excitement and satisfaction. For Zhang, his personal dignity and reputation rights have been damaged, and this right is the object of compulsory molestation of women.
Comment: The author agrees with the first opinion that this case constitutes an indirect principal offender in criminal law. The so-called indirect principal offender, also known as indirect principal offender, refers to the use of a third person who does not commit a crime or has nothing to do with the criminal. The remarkable feature of indirect principal offender is the indirectness of crime, which is different from direct principal offender. Subjectively, the indirect principal offender has the intention of using others to commit crimes, that is, the actor uses the exploited person to know that he has no criminal responsibility or specific criminal intention, hoping or letting the exploited person's behavior achieve the criminal result he pursues, so there is no * * * criminal intention between the indirect principal offender and the exploited person; Objectively speaking, the perpetrator did not commit the crime himself, but used others as a tool to commit the crime, and the behavior of the exploited person was the intermediary for the indirect principal offender to commit the crime. In practice, indirect principal offenders use others to commit crimes: 1. Using a person who has not reached the age of criminal responsibility to commit a crime; 2, the use of mental patients who have lost the ability to identify and control the crime; 3, using the innocent behavior of others to commit crimes; 4, the use of other people's legal behavior to commit crimes, the legal behavior here refers to the legitimate defense and emergency avoidance behavior that excludes crimes; 5. Taking advantage of others' negligence to commit crimes.
According to this line of thinking, it is easy to analyze that Ji Yong, Ma Honghua and Fei Qian * * * had sexual relations with Zhang, and the direct consequence of their actions was that Zhang was raped by others, regardless of their motives. Of course, they want to achieve this goal with the help of Fang's behavior. Therefore, the crime of Ji Yong and other three people raping Zhang is an indirect act. Because of the fierce resistance from Fang and the victim Zhang, it belongs to the indirect principal offender of rape.