6 20, Huaian Lake courts concern with the case, defendant Chen Yang (pseudonym), found guilty of rape and was sentenced to three years, suspended for four years. Court also out of a habeas corpus "prohibition order" prohibiting the defendant in the case of victims within two years of contact, otherwise the court will revoke probation to prison.
"this case by the Court of the Judicial Committee in-depth discussion of that special circumstances sentenced to probation." Lake case, the trial court judge, said Tony Cheng Bin, "taking into account not only to punish the defendant, but also to maximize the protection of victims, so we made out a habeas corpus injunction, which is a criminal basis, but it needs the area where the defendants community corrections agencies with the implementation. "said Tony Cheng Bin basis from May 1 this year implementation date of the "Criminal Law Amendment (eight)." After the implementation of the new law,
womens jordan heels, the courts have opened across the country out of "injunction." The Lake Court habeas corpus out of this "prohibition order",
griffeys shoes, or the first in Jiangsu.
�� Express correspondent correspondent Wu Xiaowei Zhang Yu
case review
seeking composite denied
raped his ex-girlfriend
34-year-old gold Lakers Chen Yang, is a local ordinary painter. He had married, but two years ago his wife left home and never came back,
women griffey shoes, right again to return to the single state. Case the victim Wu Min (pseudonym) 37 years old, are golden Lakers, had a husband and son. March 2010, Wu met Chen Yang, and her husband divorced in September will start living together with Chen Yang.
in the cohabitation period, Wu Min-Chen Yang found particularly fond of chatting on the Internet, and a very ambiguous relationship with the users, which makes him very angry. They often end a fight, even hands-on. At this period, Wu Chen Yang that violent, so to break, but it was Chen Yang refused.
March 2, Wu Min-users to do, two heated argument again,
asics sale, this time beating a hands-Chen Yang and Wu Min, Wu Min-feel which makes it difficult to accept, immediately leave the cohabitation of rental housing. Later, Chen Yang felt a bit too much on the phone to Wu Min parents home, and hope with each other,
asics sneakers, and can be do not want to look back at this time Wu Min.
Two days later, Wus ex-husband taking into account the child factor, Wu Min hope to survive the end of this relationship, we broke up with her to find things to talk about Chen Yang. Not how to think about where to meet,
asics shoes, Chen Yang and Wu Mins former husband on a fight, until after the police station rushed to separate them. At that time, Chen Yang commitment to the police station to ensure that Wu Min will no longer be entangled, meaning that he broke this promise. Chen Yang
speak and who knows does not count, March 5, Yang Chen Wu Min struggle to find, but can be lukewarm Wu Min. That night, Chen Yang linger more than an hour later, meaning that Wu Min did not look back, there are clothes on the proposed Wu Min cohabitation in their previous residence, want them to take away. Wu Min dollars I do not know, just like Chen Yang back to the room. Subsequently, Chen Yang began to verbal threats, saying that if not from the Wu Min, her son and his family will find the trouble, and ultimately forced to place relations with Wu Min. The next day, Wu reported to the police, Yang Chen said they had been raped.
Judge: To prevent disturbance to the victim will no longer
relative to the general case, the Lake of this rape is a bit special, but the specific case actually is not very complicated, so the investigation of cases there is no difficulty, justice, Chen Yang confessed to the crime of their own. Soon, he was indicted on suspicion of rape to the Lake Court.
before and after the hearing, the court found the victim on several occasions to communicate Wu Min talk about her ideas. It seems the judge, Wu is showing more tolerance to mean, as long as Chen Yang no longer harassed themselves, let her live a calm and stable life, will reach an understanding of Chen Yang. "Although the two of them is a defendant, one victim, but that both had feelings." Case the judge said Tony Cheng Bin.
in Lake Court, there is very rarely the case submitted to the judicial committee for discussion,
kids griffey shoes, but Mr Yang that the rape case but because of their specificity, were raised for discussion. "Judicial committee discussions, our opinions are not many differences, mainly to see how to deal with specific cases, how best to sentencing decisions." Miao Cheng Bin, said they want to end up with the case, there is no contradiction between both sides is the best results.
6 20 January, Lake Court held that the defendant Chen Yang against her will, ######ual relations with women, his behavior constituted rape. Wu Min-Chen Yang and the victim given the special relationship before the incident, and the general circumstances of the crime, the defendant has pleaded guilty Chen Yang, sincere repentance, can appropriate sentences. Ultimately, the court sentenced the defendant Chen Yang 3 years imprisonment, suspended for four years.
probation in order to improve the quality of the application,
womens jordan heels, to protect victims from harassment and abuse, but also to prevent the defendant from committing further crimes, the court also based on the new "Criminal Law" Article 72 provisions of paragraph 2 for the defendant to issue a prohibition order prohibiting contact with the defendant and the victim within two years, according to the law or the court will revoke the probation, prison execution penalty verdict.
not allowed contact with the victim
shall not call
the habeas corpus "prohibition order" has been written into the same verdict as the "Criminal Law Amendment (h)" Since the implementation of Jiangsu Province,
Nike air 1/2 cent penny, the first issued by the courts of habeas corpus "injunction."
court ruled in the Lake that day, Chen Yang told the court the defendant will strictly abide by "prohibition order",
tiger ultimate 81, not entangled Wu Min. To this end,
nike air griffey max one, he also issued a guarantee in court. And this ruling also allows the victim but also more able to accept, Wu said he does not want to see former lover in jail.
Court also believes that the habeas corpus "prohibition order" already exists on the deterrent effect of Yang Chen, if he violated it, still have to face legal penalties. And this "prohibition order" in the end mean?
issued in the two houses "on the control of sentence, probation for criminal prohibition order applies to the problem (Trial)" notice, according to the relevant provisions of Article V, under the circumstances of the crime the court can prohibit the sentenced to control, probation execution of criminals in control during the probation period of exposure to specific categories of people, including one that is: "No contact with other possible victims of its abuse, harassment of another person or may induce its danger to society people. "
Chen Yang a decision in the case, he was prohibited from contact with the victim is Wu Min. "In the probation period, no contact with the victim Chen Yang Wu Min, was not allowed to call, the way information is harassing the other party, if the violation restraining order, he may be imprisoned." Miao Cheng Bin said, "was declared suspended for violation of criminal prohibition order, the circumstances are serious, should be revoked probation, perform the original sentence."
"prohibition order" issued after the court verdict will be handed over to judicial authorities, monitoring the implementation by the judiciary, community corrections agencies in the establishment of each file, looking for criminals regularly talk, let it report ideas. "Our Lake Community Corrections has been fairly standard, so should have little difficult to implement." Miao Cheng Bin said.
Subsequently, seedlings Chengbin to reporters about the local community correction agencies for violation of probation under the slow withdrawal of criminals imprisoned in the case. Lake found guilty of gambling,
griffey jr shoes, a local Chinese crime, in October 2008 was sentenced to two years, Lake Court, suspended for two years and fined. County Bureau of Justice investigation found that the probation of offenders in China, when a failure to community corrections agencies and the public security authorities to report, although many courts to issue a notice to report, China is still a deaf, in violation of laws and regulations on the supervision of probation. Subsequently, the Lake County Bureau of Justice joint public security department to the court, "China on the proposed revocation of a suspended sentence proposal," Lakes Court ruled that the original verdict to imprisonment for two years of implementation, this case is the first case in the province.
"In addition to the implementation of community corrections agencies, victim of harassment if the other party was also reflected directly to the court." Miao Cheng Bin said, "After the court verdict, not on this case on the matter, the court originally To follow-up investigations on probation, and for these to be issued restraining order of probation, we will continue to follow. "
Chen Yangs case on the afternoon of 20 ruling, on July 1 ruling will take effect. To, the Lake to Lake County court ruling will Bureau of Justice, and then transferred by the Bureau of Justice Chen Yangs community corrections area where the organization started monitoring "prohibition order" execution.
court decision
will continue to track monitor
how to perform?
It is understood that the verdict before the judges had to consider a simple sentence if the accused Chen Yang sent to jail, its a few years out of revenge may also Wu Min.
Currently, Wu Yang Chen has expressed understanding, but we both if complex, personal protection, "prohibition order" how to do? Miao Cheng Bin said the trial judge,
nike air cent penny, this possibility is almost non-existent. "I have come into contact with the victim several times, two composite is impossible."
Miao Cheng Bin said that habeas corpus "prohibition order", and is usually a way to undo the court ruling. If the defendant violated the ban, the court will be withdrawn in accordance with relevant laws. "Prohibition order on the premise that contact with each other without the consent of the victim if the victim himself does not matter, is willing to touch each other, it is a personal matter, the court will not interfere."
News extension
habeas injunction
different domestic violence protection order
November 9 last year, the Express reported Anhui Hefei Luyang domestic violence courts to test the water "protection order" issue. If one exists between husband and wife domestic violence,
griffey max 1, whether to divorce or not, are free to the court for habeas corpus.
applicants can apply several elements, in addition to prohibiting the respondent (the perpetrators) assault, threaten, harass, stalk, etc., there is an element particularly interesting. That is: "No respondent in a specific location within 200 meters activities (including the applicants home, school, workplace or other places frequented by the applicant )��"
out of the Lake to protect the court injunction, and the protection orders the difference? Miao Cheng Bin explained that the "personal security protection order" is a civil court to take coercive measures, the main purpose is to protect victims of domestic violence and their children and relatives of personal safety, to ensure the normal civil procedure. "This kind of protection orders, are generally the Courts own making,
black heels, mainly from the protection of the interests of the parties."
and personal protection "prohibition order" is not the same, although also related to staff in order to protect the legitimate rights and interests, but Tony Cheng Bin, said: "This is based on" Criminal Law Amendment (h) "in criminal cases of sentenced to control, criminals probation provisions applicable to the prohibition order, the two are completely different. "