However, in this case, today we don't talk about human nature, just talk about the law.
Event review
Jiangge and Liu Xin, both Japanese students, are good friends and girlfriends. After Liu Xin broke up with her boyfriend, her boyfriend Chen Shifeng harassed Liu Xin many times, and Jiangge kindly let her live in her home.
20 16, the ex-boyfriend came to see Liu Xin again. 1before the morning of October 3 1 12, Jiangge received a phone call from Liu Xin, hoping that she would meet her at the station. But when Jiangge received Liu Xin and returned to her apartment, she found Liu Xin's boyfriend waiting for them downstairs. During this period, three people had a dispute. Jiangge told Liu Xinxian to go back to his room, quarreled with Liu Xin's boyfriend, and blocked the door to prevent him from entering. Then, Liu Xin and his neighbors heard the screams, and Liu Xin called the police. When the police arrived, they found that Jiangge had been hit by more than a dozen knives, and all of them hit the key. They immediately sent Jiangge to the hospital, but because of excessive blood loss, Jiangge left us forever.
Later, Liu Xin's indifferent attitude and not telling the truth aroused the anger of Jiangge's mother and many netizens, and they searched Liu Xin for human flesh. While condemning Liu Xin, netizens ignored the culprit of this incident-Liu Xin's ex-boyfriend Chen Shifeng. It was not until Jiangge's mother signed a petition to sentence Chen Shifeng to death that everyone once again judged the matter with a moral eye and demanded a death sentence.
Of course, such a cruel murderer and such a cold girlfriend are really irritating. From a legal point of view, should Liu Xin bear legal responsibility for this incident? Will Chen Shifeng be sentenced to death?
First of all, let's talk about a question that people are most concerned about: Will Chen Shifeng be sentenced to death?
As to whether Chen Shifeng will be sentenced to death, we should not just shout, but judge according to the law. Japan is a country that has not abolished the death penalty, so it is still possible to be sentenced to death, but the conditions for executing the death penalty are very harsh. After the war, Japan was very cautious about the death penalty. Now it can be said that it is impossible to be sentenced to death for killing a person. Even if there is, it is under extremely bad circumstances. In ordinary criminal cases, even if two people are killed, they are usually not sentenced to death, but to life imprisonment.
However, this is not without precedent. In the past, as many as 330,000 people petitioned for the death penalty in Japan, and the court sentenced them to death. This is also the reason why Jiangge's mother initiated the petition. According to Mi Meng's statistics, as of yesterday, 290,000 people supported Chen Shifeng's death penalty. It seems that Chen Shifeng is likely to be sentenced to death.
Secondly, assuming that Chen Shifeng has not been sentenced to death in Japan, can China execute him?
Many netizens hope that Chen Shifeng will be sentenced to death. However, the death penalty in Japan is harsh, and some netizens asked him if he could be sentenced to death in China. In China, according to the relevant provisions of the Criminal Law on extraterritorial jurisdiction, this law applies to China citizens who commit crimes stipulated in this law outside the territory of China people. Therefore, China's public security organs have the right to investigate, prosecute, try and prosecute. However, if Chen Shifeng is sentenced to death in China, it will involve not only diplomatic relations, but also more important judicial sovereignty. You know, at present, China has not signed an extradition treaty with Japan, so it is extremely difficult to extradite Chen Shifeng to China to be executed, because it involves the judicial sovereignty of a country. The case happened in Japan, and no country will give up the jurisdiction of the case and hand it over to other countries for trial, which will undermine the judicial sovereignty of the country.
Then, if Chen Shifeng has not been sentenced to death in Japan, can China still hold him accountable for the death penalty?
If Chen Shifeng has not been sentenced to death in Japan, China's criminal law can only be applied after Chen Shifeng returns home after serving his sentence in Japan, so that China can investigate his criminal responsibility and China court can try him. However, if Chen Shifeng does not return to China after serving his sentence, China's criminal law will not take effect on him.
Finally, whether Liu Xin should be investigated for legal responsibility.
The cause of the incident is Liu Xin, so should this reviled Liu Xin bear legal responsibility? Whether it is the "three elements theory" or "four elements theory" of crime identification in criminal law, the most important thing is the causal relationship of crime. Jiangge died because Chen Shifeng died after stabbing dozens of knives. As a third party present, Liu Xin is not a person who harbors Chen Shifeng, nor is he an accomplice. From the legal point of view, there is no causal relationship between Liu Xin and Jiangge's death, so it is impossible to investigate his legal responsibility.
Now the public opinion on the Internet is one-sided to Jiangge, and the formal view will inevitably lead to a critical voice. Liu Xin is indeed "heartless" on the moral level, but he can't be convicted on the legal level.
We want the dead to rest in peace. If you also support sentencing Chen Shifeng to death, please sign the petition and do something for the deceased.