On March 17, Police from Feixiang District, Handan City, Hebei Province notified the "junior high school student killing classmate case".The report shows that the case occurred on March 10th and the next day of the incident. The suspect involved in the case was arrested, and criminal compulsory measures have been taken in accordance with the law.According to CCTV news reports, the police initially determined that this was a premeditated criminal case, and no adults were found to participate in the crime.In order to bury the corpse, the suspect was excavated in the abandoned greenhouse twice.As the victims and suspects of the case were minors, some details of the case were not disclosed.However, in the public opinion field, the public had already filled with the "juvenile killer" of these resilient students.
On the one hand, it is extremely cruel and extremely harsh in the plot, and on the other hand is the existing provisions of the criminal law on the age of criminal responsibility for minors."Need to take into account.Only from the original intention of legislation and through the case that can withstand the test, in practice clarify the principles of the treatment of vicious crimes of minor minors, can my country's rule of law break through the difficulty of controversial, and effectively make citizens feel fair, justice and justice and justice and justice and justice and justice and justice and justice and justice and justice and justice and justice and justice and justice. Safety.
From the perspective of the existing information, the three involved in the case and the victims are just junior first students, under the age of 14.Minors of this age, even if they are found to implement criminal acts such as intentional homicide, are not necessarily criminal responsibility.
For a long time in the past, minors under 14 years of age will not bear criminal responsibility anyway.In 2020, in order to cope with the crime of minors that attracted increasing attention, and also considering the early trend of the early minds of adolescents, the National People's Congress passed the "Criminal Law Amendment (11)", stipulating that the twelve age is less than 12 years old and less than 14 years old.People, crime of intentional homicide, intentional injury, death or severe injuries caused by particularly cruel means, causing severe disability. If the circumstances are bad, they shall be criminally responsible if they are approved by the Supreme People's Procuratorate.
On the one hand, the amendments to the Criminal Law (11) have reduced the lower limit of the criminal responsibility to 12 years, providing a legal basis for criminal convictions similar to this case; on the other handMinors are investigated for criminal responsibilities, and the procedures are extremely strict and must be approved by the Supreme People's Procuratorate.Whether the case of Handan Feixiang meets the "bad circumstances" conditions of the criminal law, the opinion of public opinion is not enough to replace professional legal judgments.Moreover, even if the Supreme Procuratorate approved the criminal liability of these criminal suspects, in accordance with the provisions of the Criminal Law, the sentencing should be light or reduced, and the sentencing of many netizens is almost impossible to achieve.
Looking at the case, the suspect has been taken criminal compulsory measures.If they are sent to the court in the future, this case is expected to become a iconic case of "Criminal Law Amendment (11)" passed by a minor who is under the age of 14.Of course, the judicial organs must follow the provisions of the criminal law and reduce the sentencing of minors under 18 years of age in accordance with the law.The law must not follow the public opinion "falling with the wind", nor can it be placed in the "vacuum", ignoring the social effect of the judgment.People are looking forward to the orbit of the rule of law, a fairness to the deceased and everyone who cares about justice.
There is a saying on social media, called "all bullies are waiting for the result of this case."Although this statement has the composition of literary rhetoric, it does point out a fact: a case with such a high degree of social attention, the result will inevitably produce a demonstration effect.What we need to do should let all minors and guardians realize that bullying is wrong and costs. Once serious consequences are caused, we must be severely punished.
It is worth noting that there is news that the suspects and victims of the case are left -behind children.This group of groups lacking in care for a long time is likely to form various psychological and behavioral problems and go astray on the road of growth. Therefore, it is necessary to form a joint force in all aspects of family, schools, governments, society, etc.EssenceOf course, we must make it clear: taking the opportunity to call on the society to pay attention to the problem of left -behind children, it is by no means to find reasons for the suspects.After all, even if there are tens of millions of objective reasons, it is not an excuse for intentional homicide and intentional injury.
Yang Xinyu Source: China Youth Daily
March 20, 2024 Edition 04
