"Dalian 10-year-old girl was murdered" civil litigation judgment of first instance
Victim's mother: I hope that the murderer will apologize to her daughter's body
Victim girl Xiao Qi.
West China Metropolis Daily-Cover News Reporter Qin Yi and Intern Wang You
On the 295th day after Xiao Qi left, her mother He Meiling waited for a result. On October 20, 2019, 10-year-old Xiao Qi was deceived by a 13-year-old boy from the same community, Cai Moumou, to his home, wanting to do something wrong. After Xiao Qi refused, Cai XX killed him and threw his corpse into the bushes.
In this murder case, the police did not hold him criminally responsible because he did not reach the legal age of criminal responsibility, and he was kept in custody and educated for 3 years. Later, the victim’s family filed a civil lawsuit against Cai XX and others on the grounds of the right to life dispute.
On August 10 this year, the People’s Court of Shahekou District of Dalian City made a first-instance judgment in the case of Xiaoqi. Cai’s parents compensated the victim’s family with 1,286,024 yuan and publicly compensated the girl’s mother and family in the Liaoning provincial print media. Apology (the content of the apology needs to be reviewed by the court).
"I won’t be satisfied with how much I paid. Xiaoqi can’t come back anymore." In an interview with a reporter from the West China Metropolis Daily and a cover news reporter, He Meiling said that her daughter had brought endless happiness to her life. I can't get it back for much money. Regarding the verdict of this civil lawsuit, He Meiling said that she would no longer appeal, and she would devote more energy to investigating whether the offender’s parents were involved in the case and whether they should be held criminally responsible.
Case review
10-year-old girl was killed at 7 dollars
Murder under 14 years old will not be held criminally responsible
After their daughter passed away, He Meiling and her husband Wang Jiuzhang began to count their lives, "I can't eat and drink every day." Others advised, but He Meiling couldn't listen to it, "I can't get through this hurdle."
Before the incident, He Meiling's family lived a peaceful and beautiful life: the couple ran a fruit shop in a community in Shahekou, Dalian, and their daughter was well-behaved and sensible. On the day of the incident, Xiao Qi originally went to art class, but surveillance showed that she disappeared near Cai's home after class.
When the family found Xiao Qi, she had been killed. At around 7 o'clock that evening, when her family was looking around, she was found to have been left behind in the bushes opposite the community. It’s only five or six minutes’ walk from Xiaoqi’s home. Subsequently, according to the police report, the perpetrator was a 13-year-old boy, Cai XX, who lived in the same community. The first scene was Cai XX's home.
What made He Meiling collapse even more was that after a forensic examination of the body by the Interpol Brigade, it was confirmed that Xiao Qi had 7 knives in her body and obvious scratch marks on her neck. The cause of death was excessive bleeding. "The scene of the crime was in his house, why didn't he find out as a parent? Is there any act of shielding? How did the guardian educate the children?" He Meiling is still puzzled.
On October 24, 2019, the Dalian police issued a notice stating that according to the second paragraph of Article 17 of the Criminal Law, the perpetrator Cai Moumou was under 14 years of age and under the legal age of criminal responsibility, and he will not be held criminally responsible in accordance with the law. . At the same time, the public security agency reported to the higher-level public security agency for approval in accordance with the provisions of Article 17 Paragraph 4 of the Criminal Law, and took Cai XX in accordance with the law on October 24th.
The road to accountability
The family members of the victims speak: I hope the murderer will apologize in front of his daughter's body
On January 3 this year, Xiao Qi's parents filed a civil lawsuit against the perpetrator Cai XX and his parents, demanding an apology and claiming more than 1 million yuan. On the morning of May 9, this civil lawsuit opened in the Shahekou District Court of Dalian City. Due to the privacy of minors, the case will not be heard in public, and the court announced an optional sentence. None of the defendant's family members appeared in court on that day. After more than two hours of trial, the court announced an elective sentence.
On August 10, the case was returned to the People’s Court of Shahekou District, Dalian City to pronounce its verdict. Before the sentence was announced, He Meiling once said, "I just know that it is really difficult to be strong" and expressed the hope that the verdict will be fair and just.
But for He Meiling, the verdict is just the beginning.
After the daughter left, He Meiling transferred out the fruit shop where she made a living, and the family began to rush to seek justice for her daughter, "No family can bear such consequences."
"Old people cry every day." He Meiling told reporters that she was not satisfied with the verdict, but for the sake of the elderly in the family, she accepted the result. Next, He Meiling intends to spend more energy on promoting criminal proceedings, "pay attention to whether the offender's parents have shielded behavior."
After the incident, even though they lived in the same community, He Meiling’s family could not wait for Cai’s apology, “The child has not been cremated, and we need at least one result.” He Meiling told reporters that after the child’s accident, Cai XX One family moved away from the community. "For nearly 10 months since the incident occurred, Cai XX and his guardian have never come to apologize. If someone comes to apologize, it will not be the current situation."
At present, Xiao Qi's body is still stored in the funeral home. He Meiling said that she hoped that Cai XX could go to Xiao Qi's body to apologize. Lawyer's Statement
The offender’s parents should bear the corresponding criminal responsibility if they cover the crime. “The plaintiff’s demands in the civil litigation judgment have been supported and satisfied, but the criminal litigation can still be continued.” As the lawyer representing the murder of Xiaoqi, Tian Canjun He told reporters that he will continue to work hard with He Meiling's family in criminal proceedings in the next step.
Cai XX was born in January 2006. Tian Canjun mentioned that according to the "criminal responsibility age" in China’s Criminal Law, it is 14 years old. In this case, there is really no alternative to Cai Moumou who is under 14 years old. However, the period of custody and upbringing is relatively short and the case occurred Cai XX is almost 14 years old. "
"Cai XX did not match his age in the process of committing the crime." Tian Canjun said, Cai XX showed premature mentality, strong physique, careful planning, firm intentions, and cruel methods throughout the crime process. He will also cover up and evade. If he is not held criminally responsible because he is under 14 years old, it is inappropriate."
He also mentioned that exemption from criminal penalties for persons under the age of 14 was stipulated in the 1979 Criminal Law, and as of last year, 40 years have passed since the case occurred. “Seriously lags behind and does not conform to current social reality.” He suggested , I hope this case can promote the timely revision of the "Criminal Law" and make up for the shortcomings of young minors who are not responsible for the vicious criminal offences.
As for whether the family members of the victims can pursue the legal responsibility of Cai's guardian, Tian Canjun said that as Cai's guardian, Cai's parents are civilly liable for ineffective guardianship and must bear civil compensation and an apology. At the same time, if it is verified that Cai's parents acted in sheltering, cleaning up the scene or helping the crime after Cai's crime, they should bear corresponding criminal responsibility.