The man was beaten by eight minors and buried a death lawyer: the suspect did not apply to the death penalty, the highest or endless

Beijing Youth Daily, on August 10, the incident of "a man in Yongchang in Gansu was beaten alive and buried in groups" has aroused widespread public attention. The subsequent eight criminal suspects will also face a large number of discussions. In this regard, the lawyer who pays attention to the case stated that according to the provisions of the criminal law, people who are under the age of eighteen years of age are not applicable to the death penalty. Only the fact can be determined. "

Some lawyers also said that from the perspective of preventing juvenile crimes, eight minors were beaten to bury an adult incident. The problems of educational methods of minors should cause social reflection and questioning.

On the evening of August 9, the Yongchang Police reported that at 12:12 on July 30, 2022, the Yongchang County Public Security Bureau received a report from the county resident Mao Moumou that his son Mao Moumou (male, 21 years old) in July in July At 13:00 on the 29th, I went out and lost my contact and asked for help to find.

After receiving the report, the police quickly carried out search and related work. At 1 am on August 1st, after obtaining the related clues that the lost contact person was suspected of being infringed, they immediately launched the murder case detection mechanism and carried out investigations. On the same day, all eight suspects including Guo Moumou (male, 14 years old) were arrested. Back to justice.

After investigation, after the victim Mao Moumou met with the suspect Guo Moumou's girlfriend, Guo Moumou followed the idea of ​​his girlfriend's dissatisfaction with his girlfriend. From July 29th to 30th, he buried Mao Moumou after being beaten and caught in a coma. The suspect shot some videos of part of the process of beating the victim. According to the confession of the criminal suspect, Mao Moumou's buried body was found at the hillside of the town of Chengguan in Yongchang County.

At present, the police have criminally detained the eight criminal suspects in accordance with the law, and the suspect confessed to the facts of the crime. The case is under investigation.

Because the eight criminal suspects involved in the case were all minors, the police reported it, causing widespread concern for public opinion. What punishment will face eight criminal suspects will also cause a lot of discussions.

In this regard, Lawyer Fu Jian, Henan Yulong Law Firm, believes that from the public information, eight suspects may have been suspected of intentional homicide and intentional injury. The details of the case are determined. "

Although eight are minors, according to the provisions of the Criminal Law, they should bear criminal responsibility. Eight criminal suspects are minors. According to the provisions of the criminal law, people who are under the age of 18 are not applicable to the death penalty. "But one thing to pay attention to, according to the" Supreme People's Court's explanation of several issues of specific applications for criminal cases of minors ", the crime of crimes of minors is extremely serious and applies to life imprisonment. It's serious. "

Regarding the issue of criminal liability for minors, he believes that according to the law, people who are sixteen years old shall be criminally responsible. Those who are at the age of fourteen years old are less than 16 years old. If they are seriously injured or died, they are seriously injured or died, rape, robbery, drug trafficking, setting fire, explosion, and launching dangerous substances shall be criminally responsible. From March 1 last year, the amendment to my country's criminal law stipulates that people who are at the age of twelve years old are less than 14 years old. They have committed intentional homicide and intentional injuries. If the prosecution approved by the Supreme People's Procuratorate, criminal responsibility shall be held.

In addition, according to the current public information, eight criminal suspects may need to distinguish between primary criminals and follow -up. According to the provisions of the Criminal Law, the main criminals played the main role in common crimes. For crimes, they should be lighter, reduced, or exempted penalties. "Specifically depends on the plot of everyone in this case."

Fu Jian said that due to the immatureness of the minors and incompleteness to identify and control the criminal law, if a person who is under the age of 18 needs to investigate criminal responsibility in accordance with the law, it shall be slightly or reduced. "There are relatively few information now, and in the end, it must be determined according to the facts found in the court."

Attorney Tan Mindao, a law firm of Beijing Zhongwen (Xi'an) Law Firm, said that from the police report, eight suspects were all minors, and eight suspects were beaten and buried in an adult, which was suspected of intentional homicide. According to the provisions of the Criminal Law, minors do not apply to death. According to judicial interpretation, only if the crime of minors is extremely serious, it can be applied to life imprisonment. So it depends on how the court is determined.

In addition, from the current public information, it is impossible to see who is the main criminal of the eight people, who is a criminal, and the criminals should be lighter, alleviated or exempted from punishment. In terms of sentencing, the primary criminal should be compared to light or reduced.

Attorney Tan Mindao said that in his opinion, the case will consider the age of the minor, but at present, because the public information is less, how to quantify in the end, and it is necessary to determine according to the details of the case.

Lawyer Tan Mindao also reminded that the case also gave the society a warning that eight criminal suspects were minors. The family factors and school education issues behind them should be worthy of public thought.From the perspective of preventing juvenile crimes, why are eight incidents of beating an adult, and what are the problems of educational methods of the eight minors?These should be reflected and questioned, "To start and study from the factors behind criminal cases, the chance of juvenile crimes can be reduced. To prevent juvenile crimes, you should also start from family factors, school factors and social factors to prevent young people from taking crimes on crimes.Road. "Original title: Men were beaten by eight minors and buried to death.

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