Can’t understand that rape can also be sentenced to probation?

[College student raped female classmate after drinking and received a probation for 4 years] #大学学生酒后攻女同学被 prison 3 years# A boy from a university in Zhejiang organized a group of school music club members to have a drink and dinner. After drinking, the four lay on the ground to sleep and the boy woke up Later, he took a female classmate to the sofa in the next room and forced sex with her. According to the verdict published by Judgment.com, the People’s Court of Yuecheng District, Shaoxing City, Zhejiang Province recently sentenced the boy to rape and sentenced him to three years’ imprisonment and four years’ probation.

The court held that the defendant Zhao violated the will of the woman and used the woman to be in a drunk state to forcibly have sexual relations with the woman. His behavior constituted the crime of rape. After the defendant Zhao arrived at the case, he truthfully confessed the facts of the crime and was given a lighter punishment in accordance with the law; he voluntarily pleaded guilty and punished and was punished leniently in accordance with the law; has compensated the victim and obtained an understanding, and shall be given a lighter punishment as appropriate. According to the defendant’s criminal circumstances and confession of guilt and repentance, probation shall be applied in accordance with the law. The defendant’s and defender’s opinions on this matter were accepted by this court. The court convicted the defendant Zhao guilty of rape and sentenced him to three years’ imprisonment with a probation of four years. (Beijing Youth Daily)

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helpmekim
6 months ago

This kind of case, this kind of sentencing is a common phenomenon. Most courts will do this. 1. Among all sentencing scenarios, the discretionary victim’s understanding is actually the one that most affects the application of probation. I have been in prosecutors for almost ten years. In the past ten years, I have seen a case where probation was applied without forgiveness because the victim had a serious fault. 2. If you want to get an understanding, you basically lose money. The sorrows and joys of mankind do not want to communicate, some people say that this woman should not be forgiven. But you don’t understand her family situation, and you don’t understand the attitude of her parents. We have dealt with a rape case before, where both parents participated, and the mediation was like buying vegetables in a vegetable market. “One hundred thousand.” “It’s too high. You can take up to fifty thousand, otherwise you can put him in jail. You can’t get a penny anyway.” “Then eighty thousand, my daughter will marry someone, you It has ruined her reputation.” 3. The tendency of the existing penalty system is light penalty doctrine. Like compensation and understanding, since the penalty is basically no compensation (this does not compensate, that does not accompany), the victim can only obtain compensation through understanding. Otherwise, the court really has to make a judgment, which may not be a hundred yuan. In 2011, the National People’s Congress representative Sun Xiaomei put forward a revised opinion, believing that compensation for mental damages should be allowed in sexual assault cases, and given the reasons: monetary compensation is an effective means to alleviate or eliminate pain for victims of sexual assault. In addition, from the perspective of economic interests, when a sexual assault case occurs, under the premise that the current law clearly does not support compensation for mental damage, the victim often adopts the most “beneficial” option for him-to get private with the offender. “Reconciliation” is resolved. The criminal or his family will pay the victim a certain amount of compensation, and the victim will no longer report the case to the public security organ. What’s more, the victim will withdraw the lawsuit or change the statement in court to help the defendant evade the law; the defendant will definitely As a bargaining chip for commutation, he bargained with the victim, which left the defendant with the illusion that money could be used to redeem the crime, which directly led to another crime and hurt more innocent women. This suggestion is very well written, but it is a pity that the Supreme People’s Court does not buy it. 4. After the system of confessing guilt and admitting punishment was rolled out, light sentences became more common. Because local procuratorates, especially the basic-level procuratorates, promote the application rate of confession and punishment as a kind of performance, they tend to apply confession and punishment. The result must be to satisfy certain requirements of the defendant, especially the application of probation. By the way, I would like to add that if you have the opportunity to search the case of the city-level procuratorate, the application of confession and punishment is rarely applied, because few defendants will sign a confession of guilt and confession and agree to apply the life sentence or the death penalty to themselves. 5. I personally agree to vigorously strengthen the application of probation for negligent crimes, but the application of probation for violent crimes, especially sexual crimes, should be appropriately tightened.

heloword
6 months ago

Don’t make a big news and criticize the court! The facts of the case are all in the judgment document, and the writing is very simple, and there is still a gap between the Xiaohuangwen that everyone thinks. But in summary, the crime that happened on the sofa in the small room is not considered a public occasion, because it was changed to another room. Many teachers also mentioned that the basis for probation is that the victim forgave the defendant. Alipay records, receipts, etc. should prove that the understanding is not a false understanding. After all, in law, as long as the conditions are met, as long as the sentence is less than 3 years, the sentence can be suspended. So in some cases, murder may also be sentenced to probation. On the contrary, if you have been sentenced to criminal detention for dangerous driving, you have to squat down. A leniency system is now being implemented for pleading guilty and punishing. The defendant was also born in 2000. He should be 20 years old, sophomore and junior. However, inquiring about the school rules of Yuanpei College of Shaoxing College of Arts and Sciences, he should be expelled for such behavior, so it is not to say that a suspended sentence can preserve his student status. It’s nothing more than family members wanting to pay to prevent their children from suffering in prison. Although it has nothing to do with minors, under the current judicial situation in my country, there are certain preferential treatments for college students’ crimes. For example, a search with “three good students” as a keyword can find a bunch of good students who commit crimes. The preferential treatment mentioned here includes the possibility of being more lenient in obtaining bail, or impunity for conviction (because some school regulations will mention that only those who are subject to criminal punishment will be expelled), or non-prosecution, and so on. Therefore, under very special circumstances, there are indeed cases where college students who commit crimes can still finish university smoothly. At the same time, we are punished with the feelings of ordinary people. These so-called “good” students committed an unforgivable crime, but in the end they were sentenced to probation. However, it is worth noting that there are actually quite a few cases of this kind, but after media coverage, the not-so-complex cases can still receive such attention. It is still necessary to say that the influence of the media is still there. In all fairness, in everyone’s opinion, the current probation (community corrections) does not have such serious sanctions and warnings, so it is normal for everyone to be dissatisfied with this. It’s just that the judge is too pitiful. The reason for the probation is that the money given to the victim is enough. This is not the so-called “restorative justice”… There is no need to bring the judge out to accompany the scolding (why not scold the lawyer who collects black money) Too!)

helpyme
6 months ago

In this case, why college students’ drunk rape is not a real sentence but a suspended sentence. From the court’s trial, we can see that there are three points that led to the case’s verdict, that is, truthful confession, active compensation, Get the victim’s forgiveness. According to Article 72 of my country’s Criminal Law, criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years can be probated if they meet the following conditions. Those under the age of 18, pregnant women and full-time People who are seventy-five years old should declare probation: (1) The circumstances of the crime are relatively minor; (2) There is a manifestation of repentance; (3) There is no danger of committing a crime again; (4) The probation has no major adverse effects on the community in which they live. Article 74: Probation does not apply to repeat offenders and chief elements of criminal groups. According to the current judicial system that is actively promoting the applicable confession and punishment system, combined with Article 15 of the Criminal Procedure Law and the relevant provisions of the two high-level three “Guiding Opinions on the Application of the Plea and Punishment Leniency System”, the main purpose is to save judicial resources. Mainly to resolve social contradictions. There is also a clear direction for the cases of pleading guilty and punishing. Not all cases are applicable to this system. Basically, for criminal cases that may be less than three years, neighbourhood dispute cases, incidental offenders, first offenders and minor cases. Therefore, judging from the current legal provisions, the court decision of this college student complies with the current regulations and judgment standards. From the perspective of social acceptance, it is estimated that it is still unacceptable. After all, he is a rapist and he is not good at learning at a young age. However, for this college student, the future path is also a punishment for him. After all, probation is also a confirmation of guilt. He will be affected more or less in his future career and political affairs. From a pessimistic point of view, he A lifetime of stains ruined myself. Again, if a man doesn’t manage his rompers belt well, what can you expect from him.

sina156
6 months ago

I am a male. When I am really drunk, my second brother can’t get up without realizing it. This kind of drunk rape as mentioned above is basically to use alcohol to behave as a hooligan. In this case, the perpetrator’s consciousness is very clear, and the existing legal system also helps Violation of law and discipline, the victim’s understanding can reduce punishment to such a large extent. Everyone knows how to understand. This is not a naked money omnipotence. The victim’s understanding can reduce punishment to a large extent. It definitely has a strong impact on my three views. , It’s nice to have money

yahoo898
6 months ago

This is not a matter of college students labeling, criminals are criminals. If someone cheated in the exam room, their school status would disappear, and the school would be expelled as soon as they should be expelled. It is estimated that his reputation has spread in the school after this happened. In the past few years, he has almost no relationship with social life. He needs to endure strange eyes and alienation. Coupled with the identity of the criminal, the psychological distortion is affirmative, and it may be so dark. Legal matters The law has its rules, but has the school fulfilled its responsibilities? How old is this person, or is the school lacking school fees? If the bomb explodes, the school will also have to take a lot of responsibility. Next year’s enrollment, a certain liberal arts college, the lightning protection should be lightning protection. In response to the replies in the comment area, your statement also has some truth, but: 1 confidential work is impossible, his name has been exposed on the Internet; 2 this kind of abominable incident, the focus is not on society or The hidden danger to students is that they make mistakes and bear the responsibility; 3 my view is that expulsion is good for students and schools; 4 schools are not prisons, nor are they a buffer zone for criminals.

leexin
6 months ago

From my perspective, nothing is worth it, including the victim.
There is no prohibition order, no electronic shackles, and even the news has not reported the name, and the face is still mosaic.
This is a criminal offence, and understanding is to condone, leaving Lei to other women. This Lei is unfair to other women and other men who follow the rules.
It is hoped that the community corrections law can be strictly implemented.

greatword
6 months ago

Why is there a suspended sentence? Isn’t compliance with the law the most basic requirement? A suspended sentence is equivalent to no punishment. Suspended sentence, the full name of suspended sentence, is a legal penalty and correction system, which refers to the conviction of the perpetrator who violated the criminal law and confirmed through legal procedures to constitute a crime and should be punished, and the sentence imposed is temporarily not executed. For probation, a specific inspection agency will inspect the offender within a certain test period, and determine whether to apply a specific penalty according to the offender’s performance during the test period. As long as you don’t take civil service exams, there will be no impact at all. Lao Lai has made it public, but the criminals have not made it public. The criminal information is so well protected. Even if he was caught in, he would be a good guy out of prison. What has been reformed, how can it be changed without people’s supervision. You must be punished for doing something wrong. When others know that they have committed a crime, they can’t be a human again. The criminals’ relatives and friends know it. Only strangers don’t know, not to put strangers at risk.

loveyou
6 months ago

It ruined a case of Sanguan. The ultimate reason for the man’s lighter punishment was that he was forgiven by the woman…..I really heard for the first time that I could forgive the other person if I was raped. But turning my head and looking at it, I personally feel that this time the court has a kind of help to abuse. After the defendant Zhao arrived at the case, he truthfully confessed the facts of the crime and was given a lighter punishment in accordance with the law; he voluntarily pleaded guilty and punished and was punished leniently in accordance with the law; has compensated the victim and obtained an understanding, and shall be given a lighter punishment as appropriate. According to the defendant’s criminal circumstances and confession of guilt and repentance, probation shall be applied in accordance with the law. Although he said that he was given a probation, it was a very big stain in his life, and his future employment and life would be affected. But on what basis can compensation be one of the reasons for mitigating punishment? Victim forgive me? Can I be forgiven after being raped? Isn’t this just self-deception? Can money make up for the mental loss suffered by the victim after being raped? Can the inner shadow left by rape be measured by money? Can I lose money after committing a crime and a sincere apology can reduce my time in jail? I called out: It’s great to have money! This wave of operations is not to encourage criminals to commit crimes. With such a low cost of crime, it is no wonder that some people have committed crimes against the trend.

strongman
6 months ago

The comment area suddenly became lively. The routine is to fabricate an opinion for me, and then criticize it wildly. For example, in the comment area, a friend named Daoyou please stay away replied: So, do the victims deserve to be victimized? Why? Another friend called Xilan Zhiyou replied: The host doesn’t have a backache while talking. For the victim, do you think it is too serious? In fact, looking at it calmly, how can I think that the victim was not seriously victimized? How can you think that the victim deserves it? I deeply sympathize with the victims and hope that justice can be done. Look at the answer, don’t infer in your own mind that the answerer does not have a point of view, and then stand up to the moral high point and criticize it wildly. This is meaningless, isn’t it? The following is the original answer: The legal profession @明·涛 has already made it clear, let me add one more point. There are a few answers that feel the sentence is light. It depends on whether it is an old fried dough stick who has entered the palace or a university graduate with a bright future. Don’t underestimate the power of probation. For a young person, the roads related to the system are basically cut off in life, and the reputation is completely ruined in the short to medium term, and it will affect the next generation. Such a punishment is for a rising period. As far as the college students are concerned, it is still very powerful. To put it simply, because of this crime, he was classified by society, and a large number of ascending routes were blocked, which was cruel. As a former resident developer, I have developed some procedures for the agency. I can say with certainty that if there is a criminal record, regardless of probation or actual sentence, the agency does not need to think about it, and it is impossible for personnel agency. If you go to a software company to do it, it won’t work to do some secret-related software. When you bid, you must check the background of the employees, and the check will be over. The key is to investigate and visit the probation meeting, and I have seen related management software. As soon as I visited the surrounding relatives and neighbors, they all knew that it happened to be a nasty case of rape of a female college student. After the seven aunts and eight aunts in the surrounding area learned about it, they went gossiping and gained a reputation as a satyr, and he had difficulty choosing a spouse. Probation also affects the next generation more or less. It will be troublesome for children to enter the political review, civil servants will be troublesome, recruitment of military and police will be troublesome, think about the child to go through the procedures, someone will give a parent has a probation record, we investigate, this is complicated. The probation is now informatized in some places, and the positioning ankle ring is used, and some are positioning watches. If you want to do a business, it is very difficult to travel to other places. If you can’t find out a few times, you will be arrested to serve your sentence. Therefore, it is difficult to work well on probation. In those few years, those serving sentences were very difficult, mainly due to psychological pressure and financial pressure. Some respondents said probation to avoid cross-effects in prison, and I agree with it. Therefore, I personally feel that this penalty is not very powerful for the old fried dough sticks who have entered and exited. It is already a serious blow to the promising college students. It is enough.

stockin
6 months ago

The Beijing Youth Daily reported on the verdict of a rape case on March 28. Zhao, a boy from a university in Zhejiang, organized a gathering of members of the school community to drink. Taking advantage of the drunkenness of the victim Yan and two other members, he carried Yan to the next room. Rape on the sofa. Recently, the People’s Court of Yuecheng District, Shaoxing City sentenced Zhao to three years’ imprisonment and four years’ probation for rape. Public opinion has a lot of controversy over this, and there are quite a few criticisms about the probation sentence. As far as the charges are concerned, there is no controversy. Public opinion, especially supporters of women’s rights, are opposed to probation sentences. However, according to reports, the court’s probation sentence has sufficient basis. Netizens commented that these grounds have been set out in the verdict. After the defendant Zhao arrived in the case, he truthfully confessed the facts of the crime and was given a lighter punishment according to law; he voluntarily pleaded guilty and punished and was punished with leniency according to law; the victim has been compensated and understood, and the punishment is lighter as appropriate. In a word, according to the defendant’s criminal circumstances and confession of guilt and repentance, probation shall be applied in accordance with the law. “According to the law” is indeed the law, and “probation” has also become a legal result. In the judges and courts, this is not a very big case. The crime plot is obvious and there is no difficulty in distinguishing. In terms of sentencing, the judge also adopted the defense lawyer’s opinion and basically satisfied it. For Zhao, probation is a very favorable sentence. However, after the judge made a ruling, the case entered the public opinion scene and received a very severe scrutiny. Regarding the probation sentence, people have a lot of opinions, and there are relatively fierce confrontations and conflicts between the legal professionals and the public’s understanding of the case. To be honest, under the conditions of the victim’s letter of understanding and the rapist Zhao pleading guilty and punished, the sentence of three probation and four is legally based. As far as the legal text is concerned, this sentence is appropriate. The question now is that a judge seems to be a simple crime, and the basis for probation is also very sufficient. Why is it not treated by public opinion? The obvious answer is that opponents believe that the probation of a case cannot eliminate the crime of rape, and that society’s pain over rape cannot be alleviated from the probation. It is difficult for people to calm down that probation may reduce rather than strengthen the cost of the crime for extremely harmful rape crimes, and cannot produce a strong enough deterrent effect. Women’s insecurity of rape has not been carefully considered by the judicial system. When they arrived, they felt strongly disappointed. Visual China can have some understanding of this kind of social psychology. One is that people should realize that court judgments only punish rapists, and it is impossible to prevent rape from happening. Broadly speaking, justice can punish crimes, but it cannot end crimes. Unfortunately, it is also very unfair, but this is a realistic gap. The second is that people are dissatisfied with this probation sentence. The judge may think it is “unreasonable”, but this dissatisfaction has its origins, and its background and reasons should not be dismissed as “unknowing the law.” On the contrary, a good judgment should not only be satisfied with the display of laws and regulations, but should also have an understanding of the social mentality reflected by the case. It is best to take into account the social impact of rape cases within the scope of the legal sentence. This requirement is not considered difficult. Of course, even if this is not a suspended sentence but a real sentence, it may not be able to dispel everyone’s resentment. It should be understood that in the condemnation of public opinion, voices demanding severe punishment of rapists and even chemical castration are widespread. It can be seen that people have a desire for criminal crimes such as rape that can hardly be satisfied by justice. The third is that when society has a strong hatred of sexual crimes, the public hopes that the overall judicial decision will show a fairly consistent tendency, at least let people read the “never forgive” position. With such expectations, probation sentences may not be able to achieve the basic goals of the public, and it is inevitable that the sentence will be criticized. To be honest, Visual China is not about competing with judges and critics who understand the law better, but about testing the judicial system’s attitude towards rapists and sex-related cases. Perhaps judicial officials feel that trial according to law is already the greatest common denominator, but in terms of sexual crimes, the public, especially feminists, are more radical, and they also want to see the same radical verdict. This may involve people’s understanding of probation, which is generally regarded as a synonym for “impunity”. The rationale behind this may be more worthy of more serious consideration by judges and judicial personnel. When the victim Yan XX forgave the rapist, why would society never forgive or tolerate? This is determined by the social sensitivity of rape cases and sexual crimes. The law may be indifferent, but the social development of a “sensitive” mentality may require a deeper understanding and acceptance. This is the social frustration revealed by a seemingly reasonable probation sentence for rapists. If simply “judgment in accordance with the law” is used to consolidate the defense of the probation result, it is likely to lead to a lack of vision and no public controversy. The key point will gradually create barriers. Sensitivity to probation indirectly proves that people are not insensitive to sex-related crimes and maintain a high level of alertness. In order to remove this kind of guard mentality, it is not enough to just insist on the popularization of the law. Everyone knows that “sensitivity” is caused by lack. If rapists are not so easy to get out and “convict”, and people have a firm trust in judicial decisions, it will be difficult for a rape sentence to produce such a tumultuous injustice.

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