2012年3月30日星期五

china wholesale cheap everythingJuvenile deemed illegal organization leader continued police interro

With adolescentfights fatality ,a year only 14 year-old students Lin Xiaosen (a pseudonym ) to public opinion in the teeth of the storm .Recently, much home media to the age of 14 was identified as the underworld gangster ,reported the Guangdong Province Lechang city together fighting events .
Originally common fight together in death cases ,be 14 teens ,black society ,gangster and other words decorative scoring eye-catching .To the media at present reports, event hero Lin Xiaosen due to a seemingly with completely unrelated to the brawl ,was imposed by a court in 3 years and 6 months imprisonment .
However ,the China Youth Daily ( micro-blog ) through an interview with reporters more youth rights workers found that ,in this case triad action by public opinion over to enlarge ,and the protection of minors in the presence of the defects did not receive enough attention .
In fact ,involved in the case of the public prosecutor, the three party ,without any one party in the litigation process used in the Underworld this word .According to the prosecution indictment content ,course of events is as follows :at the end of 2009, the defendant Lin Xiaosen organized CHISATO agency illegal organization .
November 5, 2010, 14 PM, Lin Xiaosen on one side ,a 10 much people such as the beating of a student shi .Lin Xiaosen and others felt that the stone is lin tsai (the local people ,had a criminal record ) people ,will find people to revenge ,to facilitate the next afternoon gathered more than 30 CHISATO club members ,in the home of Lin Xiaosen meeting to discuss countermeasures .
Subsequently, Lin Xiaosen and others in the forestry bureau ,near the road encounters 3 is considered to be the forest people ,both sides fight occurred .During the fight ,with a dagger ,the other Liu stabbing, Liu Jing died .
Media reports ,some media directly to the prosecution indictment in what is called the illegal organization black society ,and in the title deliberately prominent .In fact ,Sen high society but is composed of a middle school student to create the QQ group, Lin Xiaosen himself did not participate in the group ,also do not know the group .
Adolescents engaged in long legal aid lawyer Chen Saijin said : Sen high agency QQ group wasn black society .In fact ,public prosecutor, the three party has never mentioned the black society .
Lin Xiaosen was sentenced to 3 years and 6 months imprisonment charges with the so-called black society business, but because of who I am intentional injury .However ,according to local police investigation ,fight begins, Lin Xiaosen got the mother call, leave early .
On the day of the fight ,cheap electronics free shipping6 people to report illegal building threat for 130000 yuan,he was not on the scene .In response, Beijing Youth Legal Aid and research center vice director ,lawyer Zhang Xuemei said: if the crime of intentional injury crime ,the key should see its whether implementation hurt others .
If the forest did not actively implement injury victims ,it does not constitute the crime of intentional injury .Lawyer Chen Saijin took a different view ,he thinks ,if male ,the prosecutor has evidence to prove that Lin Xiaosen is indeed the people gathered together ,and as a direct result of the two group of people fighting words ,then ,even if I did not participate in the fighting in forests ,can also constitute intentional injury deaths caused by common injuries .
In this case ,the public prosecutor ,said the media this consensus: forest is the organizer of the fight ,to blame .Lechang City Public Security Bureau, concerned personage thinks ,from the point of investigation and interrogation ,Lin Xiaosen can play called member ,issued a directive role .
But it was in this key that way ,the emergence of the .The Shaoguan City Intermediate People in a trial of the book acknowledges ,the public security organs in the interrogation of juvenile defendant or ask the minors ,in the procedure has certain flaws ,but not to defect from the defendant confession and testimony of legitimacy .
According to media reports ,many parents revealed ,their children in the public security organs away, the police did not require parents to accompany .Lechang police explanation says ,the reason to do so ,one is because the child is not required ,there are two teachers in the presence of .
This approach was later media speculation torture to extract confessions offers the possibility of support .Due to the absence of parents ,students before and after the two kinds of public security organ in question said speech dilemma .
A week ago, the students say ,china wholesale cheap everything,murder on the same day, all in the Lin Xiaosen family gathered to help him move ;a week after the second interrogation ,became the meeting discussed .Lin Lin Tsai .
.This confession eventually led to Lin Xiaosen being identified as fight organizer .Zhang Xuemei describes the current criminal procedure law ,Regulations for minors under the age of 18 criminal cases ,Chinese electronics stores,at the time of interrogation and trial ,can notification of criminal suspects and defendants, legal agent at .
While the 2006 revision of the minor protects a law provisions of the public security organ ,a people interrogation is juvenile crime suspects ,ask a minor witness ,victim ,should be informed the guardian at .
She said ,this rule in judicial practice implement is not strict ,this month, the National People to seek the views of the community of the draft amendment to the criminal procedural law (hereinafter referred to as the draft ) will notice of criminal suspects and defendants, legal agent to as shall of mandatory provisions ,and the law on the protection of minors regulations .
Draft also provides a statutory agent to the scene situation, can inform the juvenile crime suspects ,accused the other adult relatives ,school ,unit or place of residence of the village committee ,residents ,the minors protecting organizations representative at .
But in practice ,these units are generally not sent a delegate to attend ,but also did not take part in will and safeguard the lawful rights and interests of minors ,failed to protect the minor role ,but will cause the minor crime open .
Zhang Xuemei suggests ,the judicial organ shall respect the legal agent on minor criminal suspects ,defendants protection duties, to inform its present .It is reported ,on September 15th, the Lin Xiaosen case has appeal to the higher people Guangdong province .
Guangdong provincial leadership of the highly concern and said ,the second process must be attention to media questions ,and in accordance with the minor crime criminal justice policy, strictly in accordance with the trial .
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