First, the statute of limitations
related statute:
Article 87 crimes not be prosecuted following periods have elapsed:
(a ) If the legal maximum penalty is less than five years imprisonment, after five years;
(2) If the legal maximum penalty is more than five years but less than ten years imprisonment, after ten years;
(3) Where the legal maximum penalty is more than ten years imprisonment , After 15 years;
(4) If the legal maximum sentence is life imprisonment or death sentence, after 20 years. If it is deemed necessary to prosecute after 20 years, it must be reported to the Supreme People’s Procuratorate for approval.
Article 88: After the people’s procuratorate, public security agency, or national security agency has filed a case for investigation, or has accepted the case in a people’s court, evading investigation or trial shall not be restricted by the time limit for prosecution.
If the victim files a complaint within the time limit for prosecution, and the people's court, people's procuratorate, or public security organ should open the case instead of filing the case, the time limit for prosecution is not restricted.
Article 89 The time limit for prosecution shall be calculated from the date of the crime; if the criminal act is continuous or continuous, it shall be calculated from the date of the end of the criminal act.
If the crime is committed again within the time limit for prosecution, the time limit for prosecution of the previous crime shall be calculated from the date of the subsequent crime.
Han Zhe’s act of kidnapping 15 years ago was undoubtedly, and his negligence resulted in death. The maximum sentence reached the death penalty. According to Article 87, the statute of limitations for prosecution was 20 years. Note that paragraph 4 of this article has a comprehensive clause, that is, "the prosecution must be considered necessary. ", what do you think? At present, the law does not expressly stipulate the statutory situation. That is to say, as long as the prosecution deems it necessary and the highest prosecutor's approval is obtained, the statute of limitations clause will not apply. Do you think that the police who gritted their teeth will consider it necessary?
Wait a minute, let's look at Article 88, "After the case is filed for investigation or accepted, the time limit for prosecution will not be restricted." What does this mean? This means: if what you did is discovered by the police, the prosecution clause does not apply at all. Combined with the plot of the film, Officer Wu has been investigating for 15 years. Do you think anyone has filed a case? Therefore, in this story, there is no room for prosecuting the statute of limitations.
Finally, Article 89 means that as long as you commit other criminal cases during the prosecution period, even for petty theft, the statute of limitations for your previous kidnapping crime will be recalculated.
Therefore, how can Han Zhe not be held accountable because of the statute of limitations ?
The general situation is like this: He kidnapped the child, but his mother never found out the child, or found out that he never called the police. As a result, 20 years have passed and Han Zhe has not been exposed. In this way, in theory, he does not need to be prosecuted. Why Say it is theoretical? Because don’t forget, the prosecution also has a killer feature that "can be
reported for prosecution if necessary". Many people said at every turn that they would be completely helpless after 20 years. You have no confidence in the law!
2.
Relevant legal articles about the child's words : Article 57 of the
"Court Enforcement Interpretation"
shall examine whether witnesses can distinguish right from wrong and whether they can correctly express it. If necessary, review or appraisal may be carried out. Article 54 of the
"Procedural Provisions for Public Security Organs"
Everyone who knows the circumstances of a case has the obligation to testify. A person who is physically or mentally defective or young, cannot distinguish right from wrong, and cannot express correctly, cannot be a witness.
An obvious loophole in this film, many people have mentioned, is that the girl (Han Zhe’s granddaughter) abducted by her vengeful mother 15 years later saw the perpetrator completely during the abduction process. Just tell her parents this when she returns home. At one point, Grandpa's suspicion can be cleared away.
This is no doubt, it was countered: "Nothing vulnerability, children's testimony not evidence, so the child does not make sense to say no say in the law"
. . . . . . . . . . . . . . . .
I go! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
Does the physical education teacher teach you the law! ! ! ! !
Still so swearing! ! ! ! !
First of all, the little girl tells her family who took her away. First, it is not the witness who testifies, but the victim's statement, which itself has independent proof value.
Secondly, testimony is an obligation in our country's law. It has a very high value in restoring the truth of the case. The law cannot simply give up an opportunity to get close to the truth simply because of age.
Whether a person has the qualifications of a witness needs to be comprehensively analyzed according to the eyewitness's ability to recognize and express as well as the specific case. For example, a 7-year-old child may not be able to serve as a witness in a financial fraud crime because he cannot understand what he saw, but he can accurately describe the criminal acted on the victim in an intentional homicide case. One shot. Such testimony is not only evidence, it may even be a direct evidence sufficient for a verdict.
In the second case of this film, Han Zhe's granddaughter is not mentally retarded. Of course, the fact that who took her away can be clearly described.
3.
At the end of the film that revenge mother escaped from legal sanctions , it ended with Han Zhe's crime. Here we need to make a clear point: the mother's exoneration is a failure of the law. No matter how innocent the motive is and how sad the cause, a crime is a crime.
I think of so much for the time being, let me add it based on the reply
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