Lawyer's character

"Now comes the stage of evidence and cross-examination. Do the prosecution and defense parties and the defendant have any new evidence that needs to be submitted?" the presiding judge asked.

"No new evidence has been submitted." Sanfang said.

The evidence presented by the public prosecution was very simple, including the defendant's confession, the interview transcripts of Zheng Shaoming and the victim, the testimony of the neighborhood committee director and neighbors, and the rope used to bind the person.

Wu Shanshan agreed with the facts of the case reflected in these evidences. After cross-examination one by one, Fang Yi did not raise any objection.

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“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "The chief judge said.

"Presiding Judge, Judge: The prosecutor believes that the defendant Wu Shanshan illegally deprived the victim of his personal freedom by tying him up, and his behavior has constituted the crime of illegal detention. This case should be determined to be an insult and should be included in Article 233 of the Criminal Law. A severe punishment within the legal penalty range stipulated in the first paragraph of Article 18. It is recommended that the defendant Wu Shanshan be sentenced to three years in prison. Over." said the prosecutor.

Anyone who illegally detains another person in accordance with the provisions of Article 238 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights. It can be seen that the prosecutor recommended a maximum and maximum sentence.

Next, the defendant defended himself. Wu Shanshan still used the same words. Anyway, she bit the victim who she tied up to vent her anger and did not detain him.

"The defender expressed his defense opinion," the presiding judge said.

"Presiding Judge, Judge: The defender believes that the defendant Wu Shanshan used ropes to tie up the victim during the rape, and placed the naked victim in the living room for neighbors to watch, with the purpose of belittling, harming the personality of others, and destroying the reputation of others. Citizens' personality and reputation rights, their behavior does not constitute the crime of illegal detention, but the crime of insult. The reasons are as follows:

1. The crime of insult refers to behavior that uses violence or other methods to openly demean or damage the personality of others and destroy the reputation of others, and the circumstances are serious. The crime of illegal detention refers to the act of illegally detaining others or illegally depriving others of their personal freedom by other methods.

In this case, the defendant Wu Shanshan tied the naked victim in the living room after catching her, letting the neighbors watch, and informed the neighbors of the fact that the victim had committed adultery with her husband. Her behavior was both insulting and deprived the victim of her personal freedom.

In order to achieve the purpose of humiliating the victim, the defendant Wu Shanshan committed two criminal acts (tying up and humiliating). There is an implicated relationship between means and purposes between the two acts, and it is possible that she committed two crimes respectively. According to the provisions of the Criminal Law, the involved offender shall be punished as a felony.

In the case where the two interrelated charges (illegal detention and insult) have the same statutory penalty, the defender believes that the defendant should be convicted and sentenced based on the purpose of his behavior.

After catching the rape, the defendant dragged the naked victim to the living room and tied him up. After repeated persuasion by neighbors, the defendant allowed the victim to put on clothes. During the process, the defendant threatened to make the victim embarrassed and drag the victim out. Go to the gate of the community and let everyone see.

It can be seen that the defendant achieved the purpose of humiliating the victim through the act of binding. Binding was only a violent means to achieve humiliation, and humiliation was the defendant's purpose. Therefore, the defendant's conduct constituted the crime of insult.

2. With reference to the "Regulations of the Supreme People's Procuratorate on the Standards for Filing Cases Directly Accepted by the People's Procuratorate for Investigation and Investigation (Trial)" and the "Regulations on the Filing Standards for Cases of Dereliction of Duty and Infringement" issued by the Supreme People's Procuratorate, both stipulate that state agency staff use their powers to For illegal detention, a case can only be filed if the illegal detention lasts for more than 24 hours.

The evidence in the case shows that the defendant’s binding behavior lasted less than two hours. The defender believed that since the Criminal Law and relevant judicial interpretations did not clearly stipulate the duration of illegal detention in the crime of ordinary illegal detention, ordinary people should be treated The standard should not be more stringent than the twenty-four-hour standard in the above regulations. Therefore, the defender believed that the defendant tied the victim for a short period of time, which was not enough to constitute the crime of illegal detention.

In summary, the defender believes that, taking into account the origin of this case, the defendant's behavior should be classified as an insult. In addition, in view of the fact that the victim had certain faults, the defendant had no previous convictions, and had shown a certain degree of remorse, it is recommended that the defendant be sentenced to five months' detention. complete. "Fang Yi said.

(The latest "Opinions on Handling Criminal Cases of "Soft Violence"" (Fafa [2018] No. 1) recently promulgated by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice stipulates that illegal detention of others If the crime is committed more than three times, each time lasting more than four hours, or the cumulative time of illegally detaining others is more than 12 hours, he shall be convicted and punished for the crime of illegal detention.

The above opinions are formulated for the purpose of launching a special campaign against gangs and evil. Judging from the duration of illegal detention, they are obviously stricter than the two previously issued regulations. Interested book friends can check the relevant regulations)

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"... Please ask the bailiff to bring the defendant Wu Shanshan to court. This case has been reviewed by the collegial panel and a verdict has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

This court held that the defendant Wu Shanshan used violent means to tie the naked victim with a rope in the living room while catching the rape, and allowed nine people to watch. On the subjective side, it has the purpose of belittling, harming the personality of others, and destroying the reputation of others. On the objective side, it openly uses violence and words to insult, infringing on citizens' personality and reputation rights. The circumstances are serious, and their actions constitute the crime of insult.

The methods used by the defendant Wu Shanshan in committing the crime of insult constituted the crime of illegal detention and were an implicated crime. In this case, the statutory penalties for the crime of insult and the crime of illegal detention are equally serious. Considering that the purpose of the defendant's crime was to insult others, each defendant should be convicted and punished for the crime of insult.

The facts that the public prosecution agency accused defendant Wu Shanshan of committing a crime are clear and the evidence is sufficient. However, the charge of illegal detention is inappropriate and should be changed.

In view of the fact that the victim also had certain faults, the defendant had a good attitude of pleading guilty after being brought to justice, and showed a certain degree of repentance. In accordance with the provisions of Article 246, Paragraph 1, of the Criminal Law of the People's Republic of China, the verdict is that the defendant Wu Shanshan is guilty of the crime of insult. , sentenced to six months' detention. "The presiding judge pronounced the verdict.

The county court's verdict was not much different from Fang Yi's expectation, and Fang Yi finally breathed a sigh of relief.