Furong Law Firm No. 1 Yiyan Criminal Relief Department defended a rape case and received a suspended

Recently, the No. 1 Yiyan team of Hunan Furong Law Firm accepted the client's commission to handle a case suspected of rape. After handling the case, lawyer Xu Yue analyzed that there was room for probation in the case.

1. Basic facts of the case:

The client (criminal suspect) Zhang was detained by the Public Security Bureau on February 20, 2024 for suspected rape and was arrested on March 1, 2024. According to the indictment of the procuratorate, Zhang (17 years old) and the victim Pan (12 years old) met on the Kuaishou APP around September 2023. After knowing each other, they often played together. As the communication between the two sides deepened, the two developed into a boyfriend-girlfriend relationship. Later, Pan went to Zhang's home and lived with him for four months. During this period, Zhang and Pan had sex four times, and the procuratorate prosecuted Zhang for suspected rape.

2. Handling process:

Hunan Furong (Changsha Area of Free Trade Zone) Law Firm accepted the commission of the suspect's relatives and obtained their consent, and appointed Lawyer Xu Yue as his defense lawyer from the review and prosecution stage to the first instance trial stage. After accepting the commission, Lawyer Xu Yue went to Yongzhou City Detention Center to meet with Zhang. By carefully reviewing the case materials and discussing the progress of the case with the suspect's relative Zhang, he mastered the details of the case and had a more comprehensive understanding of the case.

Through the analysis of multiple similar cases and combined with the evidence provided by the prosecution, Lawyer Xu believed that the defendant Zhang had a certain cognitive error in the fact that the victim Pan was over 14 years old. At the same time, the defendant Zhang and the victim Pan were in a boyfriend-girlfriend relationship. According to the confessions of both parties, it can be known that the two parties had voluntary sexual relations. In addition, the defendant Zhang in this case is a minor, with strong plasticity and little social harm. He has taken the initiative to surrender himself, voluntarily pleaded guilty, obtained the victim's forgiveness, actively accepted education, and is unlikely to reoffend. He has circumstances that can reduce sentencing, such as leniency or mitigation. According to law, his punishment can be reduced and suspended sentence can be applied. Therefore, when providing defense for the defendant Zhang in this case, Lawyer Xu took into account all relevant factors to ensure that his defense not only complies with legal provisions, but also reflects social fairness, justice and moral standards, and strives for the greatest degree of protection for the legitimate rights and interests of the parties.

3. Case results:

During the trial, Lawyer Xu Yue of Hunan Furong (Changsha Area of Free Trade Zone) Law Firm demonstrated excellent legal analysis and defense skills.

The key to Zhang's suspended sentence for rape lies in Lawyer Xu Yue's deep understanding of the case and precise legal application ability. Especially in terms of Zhang's factual misunderstanding of whether the victim was over 14 years old and Zhang's circumstances that warranted a lighter or reduced sentence, Lawyer Xu Yue not only sorted out every detail of the case in detail, but also skillfully used key evidence and correctly interpreted the legal provisions, such as the need to comprehensively consider factors such as age, psychological state, criminal motives and consequences when sentencing juvenile crimes, which laid a solid foundation for Zhang's defense. His professional performance won the court's recognition. After comprehensive consideration by the collegial panel, the defendant Zhang was given a suspended sentence.

IV. Legal Analysis

Rape

Article 236 of the Criminal Law of the People's Republic of China: Anyone who rapes a woman by force, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Anyone who rapes a girl under the age of fourteen shall be considered a rape and shall be punished more severely.

Anyone who rapes or commits adultery with a woman shall be sentenced to more than ten years of fixed-term imprisonment, life imprisonment or death if any of the following circumstances exist:

(1) The circumstances of the rape of a woman or a young girl are serious;

(2) The rape of a woman or a young girl involves multiple persons;

(3) The rape of a woman is in public;

(4) The rape is committed by two or more persons;

(5) The victim is seriously injured, dies or suffers other serious consequences.

Probation

Article 72 of the Criminal Law of the People's Republic of China: A suspended sentence may be declared for a criminal sentenced to detention or imprisonment of less than three years who meets the following conditions at the same time. A suspended sentence shall be declared for a person under the age of eighteen, a pregnant woman or a person over the age of seventy-five:

(1) The circumstances of the crime are relatively minor;

(2) The person shows remorse for the crime;

(3) The person is not at risk of committing another crime;

(4) The declaration of suspended sentence will not have a significant adverse impact on the community where the person lives.

When declaring suspended sentence, the criminal may be prohibited from engaging in specific activities, entering specific areas or places, or contacting specific persons during the probation period, depending on the circumstances of the crime.

If a criminal who has been sentenced to probation is sentenced to an additional penalty, the additional penalty must still be executed.

V. Summary and Analysis:

Every case of juvenile delinquency is a reflection of social problems. When dealing with juvenile delinquency, it is necessary to find a balance between punishment and education. Probation does not mean tolerance of criminal behavior, but it is hoped that this opportunity will prompt them to reflect deeply, guide them to the right path, and reintegrate into society. At the same time, it also reminds the public that rape is a serious crime, and society should jointly safeguard the dignity of the law and the rights and interests of victims.

The lawyers of Hunan Furong Law Firm uphold the spirit of diligent and responsible service, use wisdom, sincerity and strength, and realize the maximum interests of the client in the case handling results. This is not only a return to the trust of the client, but also an affirmation of the professional ability of the team. The team will continue to be committed to providing the highest legal services to clients and defending fairness and justice!