Do you think the verdict of Fengxian bazi case is reasonable?

Eight Seas Case in Fengxian County was pronounced in the first instance. The court sentenced the defendant, Dong Zhimin, to six years and six months' imprisonment and three years' imprisonment for the crime of illegal detention, and sentenced him to nine years' imprisonment. Defendants Shi Lizhong, Sang Heniu, Tan, Huo Yongqu and Horford were convicted of abducting and selling women, and were sentenced to fixed-term imprisonment of 1 1 year, 10 year, 13 year, 8 years, 6 months and 8 years respectively, and fined.

The result of this judgment attracted heated discussion among netizens. Many people think that the sentence is too light. Today, let's analyze this judgment and its reasons!

Let me first talk about why some people were sentenced in this case and some people were not. There is a question of "prosecution period". Here are some court explanations.

According to the relevant provisions of the Criminal Law and the Criminal Procedure Rules of the People's Procuratorate, the maximum legal penalty is life imprisonment or death penalty, and the prosecution period is 20 years. After 20 years, if it is considered necessary to prosecute, it must be reported to the Supreme People's Procuratorate for approval. In this case, Shi Lizhong and others committed the crime of abducting and selling women, which caused serious consequences. The maximum legal penalty is life imprisonment. Moreover, Shi Lizhong, Sang Heniu, Tan, Huo Yongqu and Horford played a prominent role in the crime of abducting and selling women, with serious circumstances and great social harm and influence. Therefore, the Supreme People's Procuratorate approved the prosecution of five people in accordance with the law. Li Mouling and Liu Mouzhu played a minor role in the joint crime of * * *, and the circumstances were minor, so they did not report for approval and prosecution.

Let's talk about whether it is reasonable for Dong Zhimin to be sentenced to nine years.

Article 238 of the Criminal Law: Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment.

Article 260th of the Criminal Law stipulates that whoever maltreats a family member in a vile way may be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance. However, if the victim is seriously injured or killed, he can be sentenced to fixed-term imprisonment of not less than 2 years but not more than 7 years.

The crime of illegal detention did not cause death or serious injury, generally less than three years, and now it is sentenced to three years; The maximum sentence for the crime of ill-treatment is seven years, and now the sentence is six years and six months, with a combined execution of nine years. This is considered as a confession and a lighter punishment for him, so it is considered as the maximum punishment for existing crimes.

Many netizens asked why there was no rape.

I think there should be rape, but there is no rape. The only explanation is that the marriage certificate has played a huge role here, and the court also believes that there is an effective marriage relationship between it and the victim. Otherwise, the result is completely different. If there is no marriage certificate, such a bad plot is definitely not light.

In judicial practice, although marital rape is difficult to be convicted and sentenced, the law clearly stipulates that if a husband uses violent means to forcibly have sex with his wife for a long time and causes serious harm to his wife's physical and mental health, the injury certificate and witness testimony can also constitute rape. This time, Dong Zhiming was not convicted of rape, but of abuse, which only shows that the court believes that Dong Zhiming's violent purpose is not to have sex with the victim, but to abuse.

There are still some people behind this who should also be held accountable.

Those local village committees and administrative departments that indulge in things also have great responsibilities. The village committee is the basic unit that knows the villagers' life best. Even if there is a dog in the village, the village Committee will know. Moreover, it is the dereliction of duty of the village Committee and the administrative department that a living person's marriage registration is fraudulent, the family planning management of the super-born eight children is out of control, and the abducted women are chained for a long time without being rescued. I think the relevant departments should check these people.

Finally, I want to say that no matter what kind of trial these people have received, for the victims, it can be said that their lives have been ruined, and these injuries are irreversible. Protecting women can't rely solely on the law. How to nip this kind of thing in the bud deserves our consideration.