Chinanews client, Beijing, August 2 (Reporter Zhang Ni) The Wu Yifan incident has made new progress.
On the evening of July 31, the Chaoyang police in Beijing issued a report stating that Wu Moufan had been criminally detained by the Chaoyang Public Security Bureau on suspicion of rape.
The police report contains less than 90 words, but the amount of information is not small.
What does Xingju mean?
Will Wu Kris go to jail?
What sanctions will the other persons involved face?
A reporter from Chinanews.com interviewed Zhang Xinnian, a partner and lawyer of Beijing Zhongwen Law Firm, on a series of issues.
Police report (microblog screenshot)
1.
Question: Judging from the contents of the notifications announced by the police, what information can be interpreted on the situation of the case, the procedure for handling the case, and the nature of the case?
Zhang Xinnian: The official report of the Chaoyang Branch indicated that the police, based on the online reporting clues of Du Meizhu and others, after the initial investigation of the case, believed that Wu Yifan had criminal facts that needed to be investigated for criminal responsibility. The case has been filed for investigation and detained first. Criminal coercive measures.
Wu Yifan's identity has also changed from a well-known artist to a criminal suspect.
According to the law, for a major suspect, if the police finds criminal evidence near him or where he lives, or if he destroys, falsifies evidence, colludes, commits multiple crimes, commits a crime in a group, or attempts to escape after committing a crime. Detention first.
The basic procedures for handling criminal cases are: the public security organs should promptly examine the criminal clues found; after preliminary examination, if criminal responsibility is deemed necessary, the case should be filed for investigation; during the investigation stage, depending on the circumstances, the case may be cancelled. However, most cases are transferred to the prosecutor’s office for review and prosecution after the investigation is over; during the review and prosecution stage, the procurator’s office may make a decision not to prosecute or make a decision to prosecute, and then prosecute to the court; at the trial stage, the court will base the case on the case. In the case of the trial, a judgment shall be made based on the facts and the law.
It needs to be emphasized that
no one can be found guilty without a court decision
.
2.
Question: If Wu Yifan is convicted of rape, what penalty will he face?
Zhang Xinnian: If Wu Yifan is finally convicted of rape, he will face a fixed-term imprisonment of not less than three years but not more than ten years according to the provisions of my country's criminal law; if he has raped a girl under the age of fourteen, he will be punished severely; if there is more rape People, gang rape and other bad situations, or causing serious consequences, will face fixed-term imprisonment of more than ten years, life imprisonment, or death penalty.
Data Map: Photo by Wu Yifan, China News Network reporter Zhai Lu
3.
Question: Wu Yifan is Canadian. So, will there be any impact on legal liability? Once convicted, will he serve his sentence in the country?
Zhang Xinnian: Wu Yifan does not enjoy diplomatic privileges and immunities.
According to the principle of territorial jurisdiction, foreigners who are suspected of committing crimes in China can be investigated for criminal responsibility in accordance with the laws and regulations of our country.
In addition, even if Wu Yifan is suspected of committing a crime abroad, if the victim is a Chinese national, according to the principle of protective jurisdiction, the criminal law of our country can also be applied to the crime of rape with a statutory sentence of more than three years.
However, although the legal liability will not be affected, given Wu Yifan's foreign status, there will be some special regulations in the process of handling the case.
For example, after Wu Yifan is detained, the Chaoyang Branch shall report to the Beijing Municipal Public Security Bureau within 48 hours, and at the same time notify the Chaoyang District Government’s Foreign Affairs Office. At the same time, it is also necessary to make a consular notification of the relevant situation to Canada.
If Wu Yifan is finally convicted by the court with additional deportation, he should execute the additional penalty for deportation after the main sentence expires. Therefore,
Wu Yifan should serve his sentence in China before being deported
.
4.
Question: In combination with the whistleblower’s previous public announcement, Wu Yifan’s agent and others acted as the so-called "introducer" and "matchmaker" in the incident, and assisted in drinking alcohol at parties and confiscating mobile phones. Once the case is found out, What sanctions will these people face?
Zhang Xinnian: If it is true, they should be treated as accomplices in the crime of rape, and further based on their role in the crime, distinguish the principal, accomplice, coerced accomplice, and abettor.
Among them, the chief culprit shall be responsible for all crimes committed by his criminal group; the other principal culprits shall be responsible for all the crimes they have participated in, organized, or directed; for accomplices, punishments shall be lightened, mitigated, or exempted; for coerced accomplices , The punishment shall be mitigated or exempted according to the circumstances of his crime; the instigator shall be punished according to his role in the joint crime.
Anyone who instigates a crime under the age of eighteen shall be severely punished.
5.
Question: If Wu Yifan violates the criminal law, how can the victimized woman and the business that signed the contract receive compensation?
Zhang Xinnian: As a criminal victim, the victimized woman can file a criminal and collateral civil lawsuit for the personal damage she has suffered. The contracted business is not a victim of a rape case and cannot file a criminal and collateral civil lawsuit. You can sue separately in accordance with the contract and be investigated in accordance with the law. Wu Yifan’s liability for breach of contract. (Finish)