The legal aid case 6: on juvenile crime legal aid

The case Undertaker: Guizhou legal aid center of Pingba County

Case law: Yao Yongliang lawyer ("1+1" China legal aid volunteer action Guizhou Pingba County workstation volunteer lawyers)

The morning of December 3, 2009, "1+1" China legal aid volunteers workstation received notice: Pingba Pingba County People's court as a juvenile rape designated defense, the trial is scheduled for the afternoon of 7 2:30!

Time is pressing! Because the 4 day is a national legal publicity day, 6 day and the county the judicial organs, administrative law enforcement departments focus on large-scale publicity activities, for the pre-trial time limited to 3 days, 5 days, and 7 days in the morning.

Take action! The notice from the Mutual Defense Assistance Center when the lawyer in court looked Tao copy file data. Followed by the Tao lawyer and volunteer lawyer Yao Yongliang to the meet the defendant Hao X.

Preparation and communication before the court.

By marking and meeting, be careful study and careful analysis, the case becomes clearer, the defendant is a young boy dropped out of the peasant families, the father on the birth soon died, Queen Mother and stepfather married sister, four respectively, and the daughter mother's father and mother relationship, family structure, relationship complex. Victims is a local primary school teacher married a young woman. Because in the process of committing a crime victim fought with passerby etc, attempted rape. The process of analysis and study the defender also found the defendant have surrendered plot! Although the indictment and other file data are not directly expressed, but the file data clearly documented Hao so and so is in the public security organs after jiebaoan to the victim's investigation and evidence collection is not to take coercive measures to the defendant by his uncle to the investigators before, this is the plot to surrender voluntarily required "". On this basis, as long as the Hao a confession of his crime, voluntarily surrendered themselves to form. However, lawyers and the public security organs to remind people of Tao volunteer lawyers: voluntary surrender to the investigation organ that issued by the court can be identified. With such a doubt, volunteer lawyers began drafting defense outline and other preparatory work, and the presiding judge in the gap before the trial brief arraignment defendant and plot review found that the problem makes a concise communication, smooth agreed understanding, namely the investigation organ not issued the relevant certificates, the existing evidence to prove the plot elements, the collegial panel may conclude that instead of by the investigating authority certificate.

Charged with the defense.

The trial as scheduled, the prosecution and the burden of public prosecutor in court trial is unusually calm, as in the past as defendant exhibit good attitude toward admission of guilt. But due to the fierce confrontation evidence is the above mentioned "captured by". In view of this evidence, the defenders point out that content is true, but the lack of "surrender" conclusion, the collegial panel found that requirements. Prosecutors argued strongly against the examination opinions: the defendant to apologize to the victim was taken to investigators, and is connected to the victim. The victim's house, so not the defendant active up, can not be identified. With the focus of the dispute in court debate stage, both sides around the plot is formed and the sentencing of the defendant problems conducted two rounds of debate. Advocate a further strengthens the demonstration plot, on the other hand, puts forward to "save, the protection of minors" as the defending opinions to be exempted from criminal punishment, emphasizing the defendant not only have minor, attempted, surrender, the statutory mitigating mitigating circumstances, and the junior school, not completed nine years of compulsory education especially did not receive the necessary education, family, school and government departments on juvenile care, education obligations not to do, the defendant's growth environment for the defendant in accordance with the law, it may be exempted from criminal punishment will be given by parents discipline, can reflect more "combination of punishment and education" of the penalty in principle, both for the defendant's future growth, or to the implementation of the criminal law, benefit is more than fraud. Wait.

The rjc.

According to the regulation of the local court, may be exempted from criminal punishment should be submitted to the judicial committee for discussion and decision. The mitigation of punishment is the presiding judge in court. After the last statement of courtroom and defendant be concise and to the point, the presiding judge is summarized and appraised and RJC: defendant Hao a rape, sentenced to criminal detention four months. Defenders of the defendant have surrendered plot shall reduce the defense opinion punishment be adopted. From the defense opinion about punishment, the judge specially interpretation: in this case the defendant is a minor, crime object is adult, relatively malignant is bigger, should not be exempted from punishment.

Message to parents.

Before the trial, counsel from the presiding judge hands to a material, is the defendant's grandmother asked people to scrivener "complaint", generally mean her grandson is framed by others, he has always been a good boy, do not this evil rape. During the trial, the defendant's grandmother to participate as observers, often regardless of the rules of the court, be in even loudly, to the court trial showed great backlash, once made the courtroom interruption. After persuading defenders temporarily calmed down. Until the court finally sentenced to the defendant criminal detention four months, participants in the mother and grandmother and other relatives waiting outside to feel a sense of relief, flocked to defend people express their gratitude. So far, the family has emotional has the answer: rape statutory sentencing range is three to ten years, they are clearly worried that the defendant was sentenced to three years in prison. To see this, defenders, seize the opportunity, to the relatives of the accused carried out a field of legal publicity and education, tell them "do not support" of the consequences, they should learn a lesson, cherish this opportunity, before the child under the care and education make up.