it can not constitute intentional assault. "

DavidCadogan.ca Forums » DavidCadogan.ca

it can not constitute intentional assault. "

(1 post)

Started 10 years ago by p0g8Sp0Aks

Tags:

p0g8Sp0Aks
Member

 We fight together adolescents event causing death, only 14 years old will be a high school student Lin Xiaosen (a pseudonym) to the cusp of public opinion. Recently, a number of media to the "14-year-old was identified as the underworld 'big brothers'" in the title,air max 90,http://store.shopping.yahoo.co.jp/ichibankanshop/f-31s.html, reported the Lechang City,http://u.tiyufeng.com/read.php?tid=119091&ds=1, Guangdong Province, together with the fight brawl. Originally an ordinary brawl together to cause the death, was "14-year-old," "Underworld", "big brother" and other words outside the eye-catching decoration score. In various media reports the current point of view, because the hero event together with their seemingly completely unrelated brawl, was sentenced to 3 years and 6 months court in prison. However, the China Youth Daily (microblogging) reporter through interviews with more than adolescent rights workers discovered this case the role of the "triad" of public opinion over-amplification, and to protect the interests of minors in the existence of "defect" has not been given sufficient attention . In fact, the participation of the public,barbour paris, prosecutors, law tripartite case, none of the parties in the litigation proceedings in the use of the "triad" of the word. According to the prosecution indictment content, after the event is as follows: at the end of 2009, the defendant Lin Xiaosen organization established "Mori high society" illegal organization. November 5,http://honeybadgerpress.ca/node/146#comment-3173525, 2010 14 am, 10 people Luo et Lin Xiaosen one Danmou beating a student. and others that the stone is "Lin Tsai" (the locals, had criminal records) who will find someone to retaliate, to facilitate the next afternoon brought together more than 30 "Mori high society" members, meeting in home discuss countermeasures. Subsequently, Wu Jiang Lin Xiaosen et al embankment Forestry near the road encountered three are considered "Lin Tsai 's men, the two sides fighting. Fight, Luomou with a knife stabbed the other side of Liu,moncler outlet, Liu died. Media reports, some media directly to the prosecution indictment in the alleged "illegal organization" to "Underworld" and trying to highlight in the title. In fact, "Mori high society" is nothing but QQ group consisting of a middle school student created Linxiao Sen claimed did not participate in the group, do not know the group. Long engaged in youth work in the legal aid lawyer Chen Sirkin said: "'Mori high society' QQ group hardly underworld." In fact, the public prosecutor, the three parties have never mentioned the "triad." Linxiao Sen was sentenced to three years six months in prison on charges unrelated to the so-called "triad", but because "intentional injury." However, according to local police investigation, before fighting began, Lin Xiaosen mother received a phone, leave early. Fighting that day, he was not the scene. In this regard, deputy director of Beijing Juvenile Legal Aid and Research Center, lawyer Zhang Xuemei said:. "If you press intentional assault conviction, the key depends on whether or not to implement the behavior of their behavior harm others if I'm not actively implement harm the victim, it can not constitute intentional assault. " Chen Sirkin lawyer took a different view, he believes that if public security,http://www.nnhem.cn/news/html/?40672.html, procuratorial organs have evidence that indeed Lin Xiaosen the crowd gathered together, and led directly to two gang fighting, then, even if I'm not participate in fighting, you can constitute intentional injury causing death "common injury" offense. In this case, the media said the public prosecutor authorities on this consensus: Lin is the organizer of the fighting, to blame. Lechang City Public Security Bureau believes that, from the investigation and interrogation,http://www.cyclotourisme06-ffct.org/spip.php?article33,Piumini moncle, the can play a role in convening a member, issued a directive. But on the way to get the key identified, a "defect." Shaoguan City Court in the first instance verdict acknowledged that "the public security organs interrogation juvenile defendant or ask a minor witness, there are some flaws in the program," but "can not be used by the defendant is found defective confession and witness testimony legitimacy. " According to media reports, several parents said that their children were taken away by public security organs at the time, it does not require parents to be escorted to the police. Lechang police explained that the reason for doing so, first, because the child did not ask, and second,http://www.clarityenglish.com/englishonline/index.php?item/create_form/1, there is the presence of teachers. This approach to the possibility of subsequent media speculation "torture" provided support. Since no parent present,http://www.renxingqingchun.com/forum.php?mod=viewthread&tid=93610, some students before and after the two public security organs in order rhetoric has been questioned embarrassing situations. A week ago,http://store.shopping.yahoo.co.jp/gion/md717ja.html, the students say is the murder that day, the crowd gathered in home to help him "move"; the second examination a week later, then change to the Lin family sitting in the deliberations retaliation "Lin Tsai" people. This "estoppel" eventually led Linxiao Sen was identified as "fighting the organizers." Zhang Xuemei introduced, the current "Code of Criminal Procedure" provides for the case of minors under 18 years of age a crime, when interrogation and trial, "may" notify the criminal suspect or defendant's legal representative present. The 2006 amendments to the "Law on the Protection of Minors" provides that public security organs, people's procuratorates interrogate juvenile criminal suspects, ask a minor witness, victim, "should" inform guardian present. She said that this provision may not be implemented strictly in judicial practice, "This month, the NPC for comments to the public," the draft amendment to the Criminal Procedure Law "(hereinafter referred to as" draft ") will 'inform criminal suspects and defendants legal representative of 'a' should 'mandatory in nature, and the "Protection of Minors Act" provides consistency. " "Draft" also provides for the case of the legal representative can not attend, you can notify the juvenile suspects, other adult close relatives of the accused, where the schools, units or villagers live, the residents committee, the Protection of Minors representative organizations of the scene. Privacy "But in practice, these units are generally not represented at present, will and safeguard the legitimate rights and interests of minors, the capacity nor the scene, can not play a role in the protection of minors, but will cause a minor offense may be open. "Zhang Xuemei suggested that the judiciary should respect the duty to protect the legal representatives of the juvenile criminal suspects and defendants, notified the scene. It is reported that,scarpe hogan outlet, on September 15, Lin Xiaosen a case has been appealed to the Guangdong Provincial Higher People's Court. Guangdong Higher Court leadership attention on the case and said the case will focus on the second trial process-related issues raised by the media, and in accordance with the criminal justice policy of juvenile delinquency, strict trial according to law. Share: welcome to comment I want to comment > Related reports: 14-year-old leader of an illegal organization was identified family members said police blunder Guangdong High Court in response to 14-year-old boy was found illegal organization chieftains case The boy was identified as a result of murder jailed leader of an illegal organization has been questioned Microblogging Recommended | today's hot microblogging (edit: SN021) 

Posted 10 years ago #

RSS feed for this topic

Reply

You must log in to post.