On February 17, a boy Wang from a community in Mianyang Street, Mian County, Shaanxi, disappeared. After investigation, it has been found that the perpetrator Yang (male, 13 years old) and the victim Wang (male, 6 years old) are neighbors in the same group. At 18:00 on February 17, Yang took advantage of no one in the house to lure Wang to his own residence to inflict harm and hide his body. Currently, the case is being processed.
Recently, 15 days after the disappearance of a 6-year-old boy Cheng Cheng in Mian County, Hanzhong City, Shaanxi Province, his body was found in a wooden box on the roof of a neighbor’s house. Yang, a 13-year-old junior student from the neighbor’s house, was suspected. Cheng Cheng’s father, Wang Ping (pseudonym), told the Ziniu News reporter of the Yangtze Evening News that the child’s body is currently undergoing an autopsy and they are waiting for the final result of the police investigation. The “Criminal Law Amendment (11)” that came into effect on March 1 adjusted the age of criminal responsibility. If 13-year-old Yang is finally determined to be the murderer of Cheng Cheng, will he be held criminally responsible under the new regulations? This has become a concern for Cheng Cheng’s mother and many netizens. This reporter interviewed a lawyer. The child was missing for 15 days. The body was found on the roof of a neighbor at 8 pm on February 17, 2021. Cheng Cheng, a 6-year-old boy who lives in Dongfeng Community, Mian County, Hanzhong City, Shaanxi Province, has not returned. His father Wang Ping realized his son Missed, report to the local police station. On this day, he took his son to play with relatives in the community. He picked up the courier at about 6 o’clock in the evening. He saw his son for the last time before going out. Surveillance video showed that the child finally appeared in a nearby alley and then disappeared. Wang Ping and his family released missing persons notices through various online platforms, and posted flyers looking for children locally. The reporter saw that the information about finding children was paid attention to by many netizens and relayed a lot. The Ministry of Public Security’s child missing information emergency release platform also released information on the search for Cheng Cheng. On March 4, 15 days after Cheng Cheng’s disappearance, the local police found the child’s body in a wooden box on the roof of Wang Ping’s neighbor’s house. Later, Wang Ping and his wife saw Cheng Cheng’s body in the funeral home and found multiple places on the son’s body. Scars. At noon on March 12, certified as the “Mother of the Missing Boy in Hanzhong, Shaanxi”, published an article entitled “Vicious Murderer “Yang”, please remember this name! “An article of more than 800 words. In the article, she stated that her son was “premeditatedly coaxed into the house by a 13-year-old junior boy who used inducement methods to kill him. He hid the body for 15 days. From the remains of the child, it can be seen that the murderer was very vicious at the time. The plot is extremely bad, and the child’s torture and pain cannot be expressed in words.” However, as to the cause of his son’s death, Cheng Cheng’s father, Wang Ping, told reporters that he was not present when the child’s body was found. The reason and process of the child’s murder He is not yet clear. The child’s body is undergoing an autopsy, and the results have not yet come out. The specific situation needs to wait for the investigation results of the public security organs. On the evening of March 9, the reporter dialed the police phone number in the search for Cheng Cheng’s information, but the other party did not tell the reporter about the situation. On March 12, the reporter called the police and the local propaganda department many times, but they were not connected. Earlier, there was a photo circulating on the Internet. The text on the photo was entitled “A Case Occurred in Mian County, Which Caused the Death of a Child.” It was said that 13-year-old Yang was bored with Cheng Cheng’s repeated setting off of firecrackers during the Spring Festival. In February Cheng Cheng was killed on the afternoon of the 17th. But the related content was subsequently deleted. Cheng Cheng’s father said in an interview with the media that his son is not talkative, although a bit naughty, but very sensible. The Chutian Metropolis Daily reported that on March 4, the police rushed to a middle school in Mianxian County where Yang attended and took him away from the school. The Yangtze Evening News, Ziniu News, contacted a staff member of a supermarket near the place where Cheng Cheng went missing. She told reporters that there were many reports on the local website and various versions of rumors. According to her, the 13-year-old boy Yang’s parents divorced and lived with his grandparents all the year round. Because of family reasons, the child’s mind was affected. Wang Ping told Ziniu News that he is currently waiting for news from the police and is considering hiring a lawyer to handle the follow-up matters of this case. After losing her beloved son, Cheng Cheng’s mother stated in the article: “A lot of good-hearted people are praying, and the child will go well all the way, and heaven will not hurt”, and then she wrote: “The heinous murderer will be punished by the law and die. The crime is deserved and cannot be forgiven.” Article 1 of the “Criminal Law Amendment (11)” officially implemented on March 1 this year stipulates that Article 17 of the Criminal Law shall be amended to: “… A fourteen-year-old person who commits the crime of intentional homicide or intentional injury, causing death or severe injury by special cruel means, causing serious disability, and the circumstances are bad, and the prosecution is approved by the Supreme People’s Procuratorate, shall be held criminally liable. According to the preceding three paragraphs It is stipulated that persons under the age of 18 who are held criminally responsible should be given a lighter or mitigated punishment…” This clause has attracted attention since its appearance in the draft. Since the time node on March 1 is very close to the time of the case, many netizens have asked whether Yang will be held criminally responsible in accordance with this new regulation? The reporter noticed that Cheng Cheng’s mother also raised questions in the posted post. On this issue, a reporter from the Ziniu News of the Yangtze Evening News interviewed attorney Fu Jian from Henan Yulong Law Firm. Fu Jian said that according to the previous provisions of my country’s Criminal Law, the age of criminal responsibility for intentional murder is 14 years of age or older. Therefore, if it is finally determined that Cheng Cheng was actually killed by Yang in this case, then since the case occurred in February earlier than March 1, China’s criminal law has the principle of “respect the old and the lesser”, and the 13-year-old Yang has not yet He has reached the age of criminal responsibility, so he will not be liable for criminal responsibility. “In short, if the law at the time of the act was not considered a crime, the law at the time shall apply.” At the same time, Fu Jian raised a special case if Cheng Cheng was missing. He was not killed immediately, but was killed after March 1. Then, it is necessary to pursue Yang’s criminal responsibility in accordance with this new provision of the “Criminal Law Amendment (11)”. “However, even if you don’t have to bear criminal liability, civil liability cannot be escaped.” Fu Jian told reporters that according to the Civil Code, a 13-year-old boy is a person with limited capacity for civil conduct. Specifically, according to Article 1188 of the Civil Code, if a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability…a person with property without capacity for civil conduct, restricted civil conduct If the capable person causes damage to others, the compensation shall be paid from his own property; the guardian shall compensate for the deficiency. (The text originated from Mianxian, invaded and deleted) Punishment of crimes regardless of age should not stop the cradle of suffocating the desire to commit crimes. Let these children be educated in the correct values. Try to protect the rights of minors’ lives and health. Maliciously trampling on the future of the motherland on campus