Senior executives of the group accused of sexually assaulting foster daughter for 4 years, the person responds...

[2] Recently, a media outlet released a short video in which a girl recounted being "sexually assaulted by a listed company executive in Yantai for four years." The self-proclaimed victim, Li Xingxing, is 18 years old, and the alleged perpetrator is a legal advisor to multiple companies and an executive of a listed firm. The girl stated that she had lived with him since she was 14, and they had a foster father-daughter relationship. Li Xingxing recalled that in April 2019, despite being on her period and having a high fever, her foster father still assaulted her and beat her. This ultimately drove her to call the police.

[3] However, the Zhifu District Branch of the Yantai City Court initially filed the case but later dismissed it, citing "no criminal facts." Li Xingxing said that after failing to get help, she attempted suicide multiple times, once jumping into the Yellow Sea before being rescued.

According to reports, the person involved, Bao Moumou, is the vice president of Yantai Jereh Group. Company personnel stated that he does not serve as the vice president of Jereh Group's listed subsidiary, Jereh Shares. The victim, a girl, claimed that Bao Moumou often forced her to watch child pornography. He is a lawyer and works in legal affairs at Jereh Group. The victim reported the case to the police twice. The local police dismissed the case the first time but filed it the second time, determining that "a crime had occurred and criminal liability needed to be pursued." As of now, the police have not yet released the investigation results. (Source: The Beijing News)

However, the executive stated in an interview with a media outlet on April 9 thatI will not cross the legal red line myself, and said, "Things are not as she described. It's a long story, but she and I have never interacted in a 'foster father-daughter' relationship."From The Paper

The following is a notice from the Zhifu police:

On April 8, 2019, a woman reported to our bureau that she had been repeatedly sexually assaulted by her "foster father" Bao Moumou over three years. Our bureau filed the case the next day and invited the procuratorate to intervene early. After investigation and comprehensive review of evidence, it was determined that Bao Moumou did not constitute a crime, so the case was dismissed on April 26, 2019, and the parties were notified. Later, based on new clues provided by the victim and her lawyer, our bureau decided to reopen the case on October 9, 2019, and conducted extensive investigation and evidence collection locally and in other involved locations. The investigation is still ongoing. Our bureau will strictly handle the case according to the law and effectively protect the legal rights of the victim.

　　A lawyer from Guangdong Zhiming Law Firm statedChina's Criminal Law stipulates: 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. Here, "girl" under China's Criminal Law refers only to females under 14 years old.

Applying the legal knowledge he learned to evade legal risks in crimes, Bao, as a prominent lawyer, demonstrated this perfectly—he waited until the victim Li Xingxing turned 14 before engaging in a relationship.

Secondly, based on existing reports, the legal relationship between the two is likely not recognized as an adoption under Chinese law.

According to Article 4 of China's Adoption Law:

The following minors under the age of 14 may be adopted:

(1) Orphans who have lost their parents;

(2) Abandoned infants and children whose biological parents cannot be found;

(3) Children whose biological parents have special difficulties and are unable to raise them.

　　According to existing reports, the victim Li Xingxing does not fall under the above circumstances; her "adoption" was solely due to her parents' feudal superstitious beliefs (the author is skeptical of this reason).

According to China's Adoption Law:

Article 9: If a male without a spouse adopts a female, the age difference between the adopter and the adoptee shall be at least forty years.

Article 10: Biological parents who place a child for adoption must do so jointly. If one biological parent is unknown or cannot be located, the other may place the child for adoption alone. A married person who adopts a child must do so jointly with their spouse.

　　If Bao was unmarried, he adopted Li Xingxing in 2015 at the age of 43, while Li was 13, with an age difference of less than 40 years. Bao did not meet the legal conditions for adopting Li Xingxing.

If married, a legal adoption would inevitably be known to his wife, making it unlikely for a long-term house arrest and victimization to go undetected unless the two colluded in the crime.

Therefore, the relationship between Bao and the victim is more likely a legally invalid "godfather-goddaughter" type of relationship.

Beyond this, the public has three main doubts about the case: Was the police's first case dismissal based on reasonable and lawful grounds? Why did the prosecuting authority intervene early? Why was the case reopened after the first dismissal?

　　 The police's first reason for dismissing the case was insufficient evidence and the absence of facts constituting a crime.

The police's "Decision to Dismiss the Case" was based on Article 163 of the Criminal Procedure Law:

During the investigation, if it is found that the suspect should not be held criminally liable, the case shall be dismissed; if the suspect has been arrested, they shall be immediately released, issued a release certificate, and the original approving people's court shall be notified.

What specific circumstances are referred to by "should not be subject to criminal liability"?

According to Article 183 of the Procedures for Handling Criminal Cases by Public Security Organs,

After investigation, if any of the following circumstances are found, the case shall be dismissed:

(1) There is no criminal fact;

(2) If the circumstances are obviously minor, causing little harm, and the act is not deemed a crime;

(3) If the statute of limitations for criminal prosecution has expired;

(4) Those who are exempted from punishment by a special amnesty order;

(5) If the criminal suspect is deceased;

(6) Other circumstances where criminal liability is not pursued according to law.

For cases where, after investigation, it is found that a criminal act exists and criminal liability should be pursued, but the act was not committed by the criminal suspect under investigation, or where some criminal suspects in a joint crime are not subject to criminal punishment, the investigation of the relevant suspects shall be terminated, and the investigation of the case shall continue.

In light of the circumstances of this case, items (3), (4), (5), and (6) can first be excluded. Furthermore, "rape or molestation of a minor female" does not meet the condition of "the circumstances are obviously minor, the harm is not great, and it is not considered a crime." Therefore, the applicable provision should be item (1), "no criminal facts exist."

　　 Regarding the phrase "procuratorial authorities intervened in advance" in the police statement.

[1] The author believes this should refer to Article 465 of the "People's Court Criminal Procedure Rules," which stipulates that when questioning minor victims or witnesses, a female prosecutor must be present.

[2] This point is corroborated in the report.

　　 [3] Under what circumstances is the procuratorial authority required to intervene in advance?

[4] Regarding the specific situations in which the court needs to intervene in advance during the investigation phase by the public security authorities, China's current laws do not provide clear regulations, only vague provisions in the "Criminal Procedure Law" and the "People's Court Criminal Procedure Rules."

[5] Article 8 of the "Criminal Procedure Law" states: "The People's Court shall exercise legal supervision over criminal proceedings." This basic principle of the "Criminal Procedure Law" provides a certain legal basis for the procuratorial authority to intervene in advance and guide investigations.

[6] Meanwhile, Article 383 of the "People's Court Criminal Procedure Rules" stipulates: "The People's Court may, as needed, send personnel to participate in the public security authorities' discussions of major cases and other investigative activities, and if illegal acts are discovered, they shall promptly notify for correction." This is a specific provision that allows the procuratorial authority to intervene in advance to guide the investigative activities of the public security authorities and exercise supervision over investigative activities.

II. Current Status and Issues of Early Intervention to Guide Investigations Based on the specific practices of procuratorial organs, the scope of cases involving early intervention to guide investigations mainly includes five categories:

(1) Major, difficult, and complex cases;

(2) High-profile cases with significant social impact and strong public reaction;

(3) Cases assigned or supervised by higher authorities or leaders;

(4) Cases under case-filing supervision;

(5) Cases that public security organs or procuratorial organs deem necessary to guide.

The practices of early intervention to guide investigations vary across different regions.

　　 Why was a case filed again after the first dismissal?

On October 9, 2019, it was decided to file the case again, with the court intervening through its power to supervise case filing, based on Article 113 of the Criminal Procedure Law:

If the People's Court finds that a public security authority has failed to file a case that should be filed for investigation, or if a victim submits a request to the People's Court regarding a public security authority's failure to file a case that should be filed, the People's Court shall require the public security authority to provide reasons for not filing the case. If the People's Court deems the reasons for not filing the case invalid, it shall notify the public security authority to file the case, and the public security authority shall file the case upon receiving the notification.

Today, a publicity staff member from the Yantai City Court responded: The case has been filed twice, and it is currently under investigation. Regarding "why the case was dismissed after being filed during the first investigation," the staff member said, "Everything is based on the official notice; wait for official information."But when the official information will be released, he also said, "I don't know."

　　[1] Regarding this case, my biggest question is:[2] Did the victim's biological parents really give their daughter up for adoption solely due to superstition? It's hard to imagine normal parents sending their teenage daughter to be adopted by a strange male internet acquaintance. At the same time, why would Bao, a corporate executive, want to adopt a teenage girl he didn't know?[3] Moreover, in the letter of guarantee to Li Xingxing, he blatantly wrote: "To my current daughter and future wife."

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