Suspected of rape and detained! Wu Yifan, who once said "words lead to punishment," has truly become a suspect.
Compiled from: Red Star News, Sina Weibo
Case review
On July 31, Beijing police reported: "In response to online reports of 'Wu Mofan repeatedly luring young women into sexual relations' and other related circumstances, after police investigation, Wu Mofan (male, 30 years old, Canadian nationality) is suspected of rape and has been criminally detained by the Chaoyang Public Security Bureau in accordance with the law. The case investigation is ongoing."
As soon as the news of Kris Wu's detention broke, the trending topics on major social platforms and search engines quickly turned dark red, reflecting the high level of public attention and strong public opinion. Subsequently, the official Weibo account of the Central Political and Legal Affairs Commission, @China Chang'an Network, stated: On Chinese soil, one must abide by Chinese laws. Neither wrong nor lenient, based on facts and taking the law as the criterion!
Suspected Du Meizhu's sister also spoke out: "Our efforts have not been in vain. All the injustices we have suffered will be turned into motivation. Thank you."
At the same time, some mentioned Kris Wu's Canadian nationality, claiming he is a foreigner entitled to diplomatic privileges and immunities. However, based on currently available information, Kris Wu is not a foreigner entitled to diplomatic privileges and immunities. Therefore, once he is found to have committed a crime, he will be held criminally responsible in accordance with the law.
Relevant legal provisions
Article 6 of the Criminal Law
This Law is applicable to anyone who commits a crime within the territory of the People's Republic of China, except as otherwise specifically provided by law. This Law is also applicable to anyone who commits a crime on board a ship or aircraft of the People's Republic of China. This Law is applicable to anyone who commits a crime within the territory of the People's Republic of China, except as otherwise specifically provided by law.
Article 17 of the Criminal Procedure Law
For crimes committed by foreigners that should be investigated for criminal liability, the provisions of this Law shall apply. For crimes committed by foreigners enjoying diplomatic privileges and immunities that should be investigated for criminal liability, they shall be resolved through diplomatic channels.
Article 80 of the Criminal Procedure Law
二
条
Public security organs may detain a flagrant offender or a major suspect in advance under any of the following circumstances:
(1) If the person is preparing to commit a crime, is in the process of committing a crime, or is discovered immediately after committing a crime;
(2) The victim or an eyewitness present at the scene identifies him as the perpetrator;
(3) Evidence of a crime is found on his person or at his residence;
(4) After committing the crime, he attempts suicide, flees, or is at large;
(5) There is a possibility that he may destroy, falsify evidence, or collude in confessions;
(6) He fails to provide his true name, address, or his identity is unclear;
(7) There is strong suspicion that he has committed crimes in multiple locations, repeatedly, or as part of a group.
[1] The author's perspective
Previously, I have written an analysis of the rape charges Wu Yifan is suspected of, so today's article focuses not on the rape charge, but on why he was detained, and whether his Canadian citizenship can help him evade the sanctions of Chinese law.
1. Why was Wu Yifan detained?
First, detention in criminal proceedings is a coercive measure taken by public security organs or people's procuratorates to temporarily deprive a current offender or major suspect of personal freedom when encountering statutory emergency situations during the investigation of cases directly accepted. Criminal detention must meet two conditions: first, the subject of detention is a current offender or a major suspect. A current offender refers to someone who is committing a crime, and a major suspect refers to someone with evidence indicating significant criminal suspicion. Second, one of the statutory emergency situations must exist. According to Article 82 of the Criminal Procedure Law, Wu Yifan may have been detained because he meets the circumstances of the second or third paragraph.
2. Can his Canadian citizenship help him evade the sanctions of Chinese law?
Diplomatic immunity, fully known as the immunity from jurisdiction of diplomatic representatives, refers to the special rights and privileges enjoyed by diplomatic representatives stationed abroad. Immunity refers to exemption from the jurisdiction of the host country and can also be included within diplomatic privileges. Clearly, Wu Yifan does not have diplomatic status, so he cannot enjoy diplomatic immunity. According to Article 6 of the Criminal Law, if Wu Yifan indeed commits a crime within the territory of China, he will inevitably be subject to the sanctions of Chinese law.