“Gang leader” identifies public prosecutor as protective umbrella in court
 

On November 18, the Chongqing Dazu District People's Court heard the case of Yin Guangde, who is suspected of organizing, leading, and participating in a mafia-style organization.
 

A dramatic scene occurred during the court investigation that day.The "gang leader" Yin Guangde identified the chief prosecutor Tang Hao as his protector in court and applied for Tang Hao's recusal.
 

According to media reports, during the court investigation on November 18, Yin Guangde claimed that he was familiar with Tang Hao, the first prosecutor from the Dazu District Court, and that Tang Hao was his protector.Yin Guangde said he called Tang Hao "Brother Hao," often sang and entertained together, and once took a photo with a singer surnamed Xie. "He helped coordinate relationships and negotiate matters, and I gave him over 10,000 yuan in cash," Yin Guangde stated, adding that his company's shareholders could testify.
 

The report said Tang Hao admitted in court that he knew Yin Guangde and told Yin Guangde he could report him to the disciplinary inspection and supervision authorities. Given their relationship, Yin Guangde applied for Tang Hao's recusal from the case. The presiding judge decided to adjourn for 20 minutes. After the court reconvened, the presiding judge stated that the trial would continue, and if Yin Guangde or his defense lawyer provided clear reasons and facts for recusal, the court would submit them to the Dazu District People's Court, where the chief prosecutor would decide on Tang Hao's recusal. In the subsequent trial, Tang Hao continued to serve as the first public prosecutor.
 

In response, officials from the Dazu District Committee Propaganda Department and the Dazu District Court told The Paper that the court had set up an investigation team and was currently investigating the matter. After clarifying the facts, they would release information through official channels. The Paper also learned that the trial of Yin Guangde and 25 others, accused of organizing, leading, and participating in a mafia-style organization, was originally scheduled to continue on the 19th but did not proceed. (Source: Global Times)
 

▲ Chongqing Municipal Political and Legal Affairs Commission Responds Publicly

　　Ex-boyfriend of Girl Who Committed Suicide After "Nude Photo Threats" Detained
 

The official Weibo account of the Changle District Public Security Bureau in Fuzhou City, Fujian Province, issued a notice on November 20, stating that in the recent case of a "female college student threatened into suicide" reported online, after thorough investigation by the public security authorities, the suspect Zheng has been criminally detained by the Changle District Court, and the case is under further review.
 

▲ Fuzhou Police Notice
 

According to media reports on the 17th, a senior female student surnamed Xiao Jing (pseudonym) at Fuzhou University of International Studies and Trade was threatened by her ex-boyfriend Zheng Lei (pseudonym) with the exposure of nude photos. Subsequently, Xiao Jing ingested an excessive amount of pills at a hotel on campus and was later diagnosed with brain death.
 

Xiao Jing's mother, Ms. Zhuang, stated that Xiao Jing did not report the incident to the police because Zheng Lei's father "is a police officer in Changle District," and Zheng Lei threatened to investigate Xiao Jing's parents and send her nude photos to the school. Afterward, Zheng Lei continuously sent harassing text messages to Xiao Jing.
 

[1] ▲ Zheng threatens (left) and seeks help from a guide (right)

[2] Zhiming lawyer stated that criminal detention generally refers to criminal detention, and being criminally detained does not necessarily lead to a conviction. Criminal detention is merely a coercive measure in criminal proceedings.
 

[3] Based on information available from public channels, the man's threatening messages to the girl were intended to elicit a response from her, which is insufficient to be classified as a specific crime under the Criminal Law.
 

　　[4] 1. Crime of extortion [5] According to Article 274 of the Criminal Law, extorting public or private property, if the amount is relatively large, is punishable by up to three years of fixed-term imprisonment, criminal detention, or control; if the amount is huge or there are other serious circumstances, the punishment is three to ten years of fixed-term imprisonment.

　　[6] If the man's actions were not merely threatening, such as demanding property while threatening, it could constitute the crime of extortion. However, his behavior was purely threatening, lacking the nature of property extortion, so it cannot constitute the crime of extortion.

　　2. Crime of picking quarrels and provoking trouble According to Article 292 of the Criminal Law, whoever chases, intercepts, verbally abuses, or intimidates others under vile circumstances shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance; whoever gathers others to repeatedly commit the acts mentioned in the preceding paragraph, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.

However, the crime of picking quarrels and provoking trouble generally does not infringe upon specific individuals, personal dignity, or public or private property, but primarily targets public order.The man's actions were directed at a specific target, and the relevant photos were not actually published on a public network, so the possibility of constituting the crime of picking quarrels and provoking trouble is relatively low.
 

　　The man's actions are more likely to result in administrative penalties.
 

According to Article 42 of the Public Security Administration Punishments Law,Repeatedly sending obscene, insulting, intimidating, or other messages, interfering with others' normal life, if the circumstances are serious, may result in detention of 5 to 10 days.
 

　　A 12-year-old minor girl from Qidong was raped by multiple public officials.
 

Recently, the father of Zhou Moujie, a 12-year-old female student from Qidong, posted online about his daughter being deceived and severely harmed. Following preliminary and supplementary investigations by public security authorities, and after seeking approval from the procuratorate, six suspects—Zhou Mouming, Liu Mouxiang, Wang Mou, Zou Mou, Jiang Moubing, and Zhou Mouyun—have been arrested. Among them, Wang Mou is an employee of the Taihetang branch of Qidong Rural Commercial Bank, and Zou Mou is an employee of the county's Human Resources Employment Service Center. Chen Mou Sheng, suspected of introducing prostitution, has been released on bail pending trial due to pregnancy.
 

　　此前，The Qidong County Court, citing doubts about the victim Zhou Moujie'sageand unclear facts of the crime in this case, did not approve the arrest of several major suspects.
 

▲ The girl's father speaking out on Weibo.

Lawyer Zhiming stated that in this case, "unclear criminal facts" could serve as a reason for "not approving arrest," but the victim's "doubtful age" cannot be a reason for "not approving arrest," nor does it affect the determination that the six individuals committed the crime of rape.
 

China's Criminal Law Amendment IX deleted the crime of patronizing prostitutes under the age of 14.Patronizing prostitutes under the age of 14 is treated as rape, with a maximum penalty of death.
 

　　Article 236 of the Criminal Law: Whoever rapes a woman by violence, coercion, or other means shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years. Whoever has sexual intercourse with a girl under the age of 14 shall be deemed to have committed rape and shall be given a heavier punishment. Whoever rapes a woman or rapes a young girl under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death: (1) Raping a woman or having sexual intercourse with a girl under the age of 14 under despicable circumstances; (2) Raping multiple women or having sexual intercourse with multiple girls under the age of 14; (3) Raping a woman in a public place in front of others; (4) Gang rape by two or more persons; (5) Causing serious injury, death, or other serious consequences to the victim.
 

The known fact is: the victim girl's ID card shows she was born on December 24, 2007. Based on this age, she was under 12 years old at the time of the incident.[1] The family expressed, "It's puzzling that the local police and prosecutors are not investigating the suspect, but instead repeatedly looking into the daughter's date of birth."
 

[2] This reason from the prosecuting authority inevitably leads to speculation—could it be to see if it can be proven that the victim was over 14 years old, so as to provide a legal basis for a lighter punishment for the perpetrator?
 

Note: Image source from the internet