Peking University Bao Li case: Appeal dismissed, original verdict upheld!
[2] Compiled from: Beijing No.1 Intermediate People's Court
On July 25, 2023, the Beijing First Intermediate People's Court publicly pronounced its judgment on the criminal incidental civil appeal case of Mu Linhan for abuse, ruling to reject the appeal and uphold the original judgment.
Case review
On July 10 and 17, 2023, the Beijing No. 1 Intermediate People's Court held closed-door hearings for the criminal incidental civil appeal case of Mu Linhan's abuse.
[1] Image source from the internet; if infringement occurs, please delete!
[5] After trial, the Beijing No.1 Intermediate People's Court found that the appellant Mou Linhan abused his cohabiting girlfriend, with egregious circumstances and resulting in the victim's death, constituting the crime of abuse, which should be punished. Mou Linhan should bear compensation liability for the reasonable economic losses suffered by the victim's close relatives due to his criminal acts. The original judgment had clear facts, accurate and sufficient evidence, correct conviction and application of law, appropriate sentencing, reasonable compensation amount, and lawful trial procedures, thus it should be upheld. The court ruled to reject the appeals of Cai (the victim's mother and incidental civil plaintiff) and Mou Linhan, and uphold the original judgment.
Previously, the Haidian District People's Court of Beijing Municipality publicly pronounced its judgment in the criminal case with incidental civil action against defendant Mou Linhan on the charge of abuse. The defendant Mou Linhan was sentenced to a fixed-term imprisonment of three years and two months for the crime of abuse, and was also ordered to compensate Cai Moumou, the plaintiff in the incidental civil action, a total of over RMB 730,000 for various economic losses. After the first-instance judgment was pronounced, both Cai Moumou and Mou Linhan filed appeals.
"Criminal Law of the People's Republic of China"
Article 260: Crime of Abuse
Whoever abuses a family member, if the circumstances are vile, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention, or public surveillance.
Whoever commits the crime in the preceding paragraph, causing serious injury or death to the victim, shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.
The crime in the first paragraph shall be handled only upon complaint, except where the victim is unable to file a complaint or is prevented from doing so by coercion or intimidation.
[1] The author's perspective
As a hot news topic, this case has drawn public attention from its occurrence to the first trial and now to the conclusion of the second trial. However, behind the casual chatter, it is the loss of a young woman's life and the shattering of a family. Whether Mou Linhan's actions toward Bao Li constitute abuse and whether the sentence is too lenient have been widely discussed. Based on the second trial's ruling, the sentence is indeed not severe, but it falls within the legal scope. After all, the law cannot be abused, or the perpetrator might become a victim.
The deceased is gone, and the value of life is immeasurable. Although Bao Li has left this world forever, the demon has been punished. It is hoped that Bao Li's family can find some solace.
