[Explanation] Recently, Sun Haiyang, the prototype of the movie "Dear," found his son Sun Zhuo and met in Shenzhen.
The police revealed that the main suspect in the case has been arrested by the procuratorate. Except for the adoptive father of Sun Zhuo who is ill, Sun Zhuo's adoptive mother and another adoptive parent of the kidnapped child have been taken compulsory measures to be released on bail pending trial. The case is under further processing.
[Explanation] What is release on bail pending trial?
On December 7, Guo Xiaoming, a lawyer at Shanghai Zhonglian (Chengdu) Law Firm, made an introduction.
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
Release on bail pending trial is a compulsory measure in criminal proceedings. For those criminal suspects and defendants who meet the requirements of the law, before the judgment takes effect, a guarantor or a deposit must be issued and a letter of guarantee is issued to ensure that the transmission will follow. It can be left out of custody or temporarily released from custody.
[Explanation] Receiving a bail pending trial does not mean evading investigation, prosecution, and trial. Guo Xiaoming pointed out that if the bail pending trial regulations are violated, or the final court decision becomes effective, the relevant personnel will still be detained.
In this case, the suspect abducted the child and sent it to relatives for support. The existence of money transactions is still under further investigation.
Guo Xiaoming introduced that according to different circumstances, criminal suspects will face different legal consequences.
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
If it is for the purpose of upbringing, abducting minors under the age of 14 for their own support does not involve money transactions, and may be suspected of kidnapping children, and may be sentenced to fixed-term imprisonment of up to five years or criminal detention.
The crime of kidnapping and trafficking in children can be sentenced to five to ten years in prison, with a fine, up to the death penalty; while the crime of buying a kidnapped child only provides for criminal responsibility for fixed-term imprisonment, criminal detention, or surveillance of less than three years, and there is a big difference between the two .
[Explanation] Sun Zhuo was over 18 years old when he was found. Whether he is living with his biological parents or keeping in touch with his adoptive parents, he has the right to choose his own lifestyle. Guo Xiaoming introduced, but legally speaking, The adoption of children through illegal means is invalid and is not protected by law.
[Explanation] After the incident, there was a lot of voice on the Internet about "the same crime of kidnapping and trafficking in children". In Guo Xiaoming's view, this appeal has certain rationality.
[Concurrent] Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
The voice of "the same crime as trafficking in children" has a certain degree of reality and rationality. After all, there is only buying and selling. If no one is willing to buy children, the traffickers will also lose the market. People are more hateful.
In the law, premeditated buying, instigating, and helping abducted children are still buying. Children who know they are abducted are still buying. The behavior of abducting children is equivalent in nature, subjective malignancy, and degree of harm.
Therefore, at the legislative level, it is necessary to consider the public’s simple concept of justice, and to gradually advance the “commitment of trafficking in children” in light of the actual situation and specific circumstances.
(Reporting by reporter Shan Lu from Beijing)
Editor in charge: [Ji Xiang]