On October 5, 20 18/kloc-0, the Tokyo District Court officially announced that Chen Shifeng had withdrawn the lawsuit, and the case was closed. Chen Shifeng was sentenced to 20 years in prison.
I. What happened?
20 1 165438 2006+10/In the early morning of October 3, Jiang Ge and Liu Xin went out to work and returned to their home in Nakano, Tokyo. At home, they met Chen Shifeng, a 24-year-old female student from China, who died after being stabbed several times by Chen Shifeng. According to the Nakano Police Station of the Japanese National Police Agency, Jiangge was cut with a knife in the corridor on the second floor of the rented apartment, and the wound was as long as 10 cm. The suspect is believed to be Chen Shifeng, the ex-boyfriend of Jiangge's roommate. According to Jiang Qiulian, Jiangge's mother, on her social platform, Jiangge was killed because Liu Xin entered the house in advance and locked the door, resulting in the helpless Jiangge being stabbed to death. At the time of the incident, Chen Shifeng was a first-year graduate student in the Department of China Studies at Tokyo Dadong Culture University. Chen Shifeng was arrested by Japanese police on suspicion of murder. According to Japanese law, the murderer Chen Shifeng may not face the death penalty, which is unacceptable to Jiang Qiulian, a single mother who lost her daughter.
Jiang Qiulian arrived in Tokyo on117 local time on14 October, and then began a series of preparations for the signature petition, including posting information on social networking sites and software, in which more than a dozen volunteers joined to help make exhibition boards, display cards and other appliances. 2017165438+1October 12, Jiang Qiu-lian, Jiangge's mother, with the help of more than a dozen volunteers, held a petition signing activity in Xikou Park, Ikebukuro, Tokyo, calling for the death penalty for Chen Shifeng. Many people gathered in the park to participate in the activities. Everyone lined up in an orderly manner and signed their names to express their condolences to Jiang Qiulian.
Second, the victim information
The murdered China girl Jiang Ge 1992 was born in Qingdao. On 20 15, Jiangge began to study in Japanese language school. 20 16 entered the first year of master's degree at hosei university in Japan. He was only 24 when he was killed.
Third, the trial of the case
Chen Shifeng's murder of Jiangge began in the Tokyo District Court on February 20 17, and the trial time was February 6, 20 17. In the trial of 20 17 12 18, the prosecutor suggested that the court sentence the defendant Chen Shifeng to 20 years' imprisonment.
Fourth, the prosecution requests to consider sentencing from seven angles.
1, the nature of the crime is bad and cruel;
2. Intense murder;
3. Intimidation, stalking and other related evils;
4. Causing serious consequences;
5. planning;
6. In an attempt to kill Liu Xin, Liu only escaped by accident;
7. Chen did not reflect at all, and the court quibbled.
Five, the judge announced five judgment basis of Jiangge case:
1, the knife belongs to Chen Shifeng, not to Jiangge by Liu Xin;
2. Chen Shifeng said that washing clothes that night was unreasonable and there was a murder plan;
3. Chen has a strong sense of murder;
4. Chen didn't help Jiangge at that time, which means it can't be manslaughter;
5. Chen didn't blame himself.
2065438+0717 At 3 pm on February 20th, Jiangge's murder case was pronounced in Tokyo District Court. The court sentenced the defendant Chen Shifeng to 20 years' imprisonment for intentional homicide and intimidation.
Intransitive verb public appeal
2017,2065438+07, on February 23rd, it was reported that Chen Shifeng submitted a complaint.
Seven. withdraw/dismiss a case
2065438+200765438+February 29th, Chen Shifeng dropped the lawsuit, and the appeal period was 2065438+200865438+1October 4th. The Tokyo District Court officially announced the withdrawal of Chen Shifeng's lawsuit on 2065438+200865438+1October 5. The case was closed and Chen Shifeng was sentenced to 20 years' imprisonment.
Eight. Jurisdiction of cases
According to the relevant provisions of the principle of territorial jurisdiction, if a citizen of a country commits a criminal offence in another country, it should be handled according to the principle that the law of the country where the crime occurred takes precedence, that is, the country where the crime occurred has priority jurisdiction. Take the Jiangge case as an example. It happened in Japan. Even if both the suspect and the victim are from China, the trial will be conducted according to the principle of territoriality and Japanese criminal law.
legal ground
criminal law
Article 10 Whoever commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this Law may still be investigated according to this Law, although he has been tried in a foreign country. However, those who have been punished in foreign countries may be exempted or mitigated.
Interpretation of the Application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 10 China citizens who commit crimes outside the territory of People's Republic of China (PRC) shall be under the jurisdiction of the people's court of their place of landing, place of entry, place of residence before leaving the country or their current place of residence; If the victim is a citizen of China, it may also be under the jurisdiction of the people's court of the victim's previous residence or current residence.
Article 11 If a foreigner commits a crime against People's Republic of China (PRC) outside the territory of People's Republic of China (PRC) and should be punished according to the Criminal Law of People's Republic of China (PRC), it shall be under the jurisdiction of the people's court where the foreigner landed, entered or lived after entering the country, or the people's court where the victim lived before leaving the country.