Defense of legal opinions

A district of Shenzhen City People's procuratorate:

By Zhang brother Zhang Moumou commissioned the Guangdong, Shang Rong lawyer assigned me to Zhang in the stage of review and prosecution lawyers, to defend million Wangchun, I in the investigation stage and the stage of review and prosecution has met the suspect. As the criminal suspect's lawyer, I make the following defense legal advice:

Defenders of the public security organs prosecution submissions identified the suspect Zhang suspicion of child molestation objection, Lawyer Zhang that no child molestation subjective intention and objective behavior, does not constitute a crime of child molestation, please the expensive court not to prosecute.

The reasons are as follows:

A, The suspects are not obscene facts

According to the "PRC Criminal Law" the 237th stipulation: "by the violence, coercion or any other method of coercive indecency or insults a woman, is less than five years imprisonment or criminal detention. The crime mentioned in the preceding paragraph made in public or in the public place, office for more than five years in prison. Child pornography, in accordance with the provisions of the preceding two paragraphs shall be given a heavier punishment." And Baidu Encyclopedia of obscene explanation is: do the dirty action, to stimulate or sexual fulfillment for the purpose, the method of using sex outside obscene implementation. The general performance of out of touch, licking, kissing, sucking, cuddle, masturbation, sodomy and other means of behavior. The means of masturbation, sodomy in addition, for the first four kinds of behavior to determine the subjective motivation is more important. Therefore, a standard and social customs, also has some relevance and social customs, obscene word inevitably moral judgment to a certain extent, whether the obscene or pornographic behavior, from the behavior of human motivation and the subjective purpose, then the environment according to the judgment, the suspect Zhang. Statements, it is to see a little girl was lovely, but be overcome by one's feelings on the pinched face, patted the shoulder, a hug, this kind of behavior is an adult love for children, rather than seeking stimulation or sexual fulfillment, far apart and obscene, vulgar social customs judgment and moral judgment. Although its behavior for children, as the stranger, may cause be afraid to cry, but this result has a certain degree of misunderstanding (according to the lawyers, the suspect Zhang hands at least two big scar, because when young, trendy and eliminate the tattoo tattoo, the average person will cause a certain degree of psychological burden, coupled with the suspect Zhang Mou relatively dark skin, lawyer, judge this misunderstanding of the child will have a great impact on the results), and itself, is not enough to constitute a crime shall be investigated for criminal responsibility should be.

The suspect Zhang has a so-called "victim" in the case of the same age for children, divorced from the custody of the woman, Zhang has been working in Shenzhen, to see his children rarely, produce more compassion for others to also belong to normal children of the same age, sex limited degree higher than the general strangers is understandable. Therefore, the suspect Zhang behavior does not belong to the act of indecency, but simply too affectionate love action.

Two, the lack of evidence of the crime

The evidence, the case except for the little girl I obscene statement, no other evidence to prove the suspect Zhang on the little girl indecency, on the evidence, the little girl is also a "victim" of the statement is evidence alone, and the Chen Shuyi by adult interference, objective harm its statement. But the suspect is the children's father and others seized and turned over to the public security organs in second days, not the first time the suspects will be seized and turned over to the police investigation, the time passes will also be on the authenticity of the "victim" representations of significant interference. Therefore, identified the suspect Zhang constitute a crime facts unclear, insufficient evidence.

To sum up, the lawyer thinks, the suspect Zhang does not constitute a threat to children crime, request your hospital according to the relevant provisions of the "Criminal Procedure Law of the people's Republic of China" in article 142nd, shall not be prosecuted for criminal suspects zhang.

Guangdong is melting law firm

Lawyer: Peng Wanhong (signature)

2012 March

Attached: the defense opinion are invoking a legal provision