1
Before the arraignment of Wang Linhua, Cui Dabao and Qi Guoxiang, I had just finished a business trip with a very tight schedule. I had been concerned about the merits of this case for a long time. The one-month review and prosecution deadline for this case was about to expire, which immediately sent me into anxiety.
My colleagues who were familiar with me felt that my anxiety was somewhat superfluous and advised me that the case could be extended for 15 days, and that it could be returned to public security for additional investigation.
But I do not think so. At the moment, only the arraignment remains, after which the case will soon be transferred to the court. The reason for my anxiety is simple: the police officers handling the case are out of town for training and cannot give me the contact information of the legal representatives of the three suspects (usually the parents) in time. They are all minors, according to the law, the interrogation must be accompanied by a legal representative, can not find someone, my work can only be suspended.
After waiting anxiously for several days, the police finally gave me the contact information I needed, but only Wang Linhua’s father; Cui Dabao’s father had died and his mother had remarried, and his grandfather had no power, saying he really could not be there; and Qi Guoxiang, the police said they could not find his parents’ phone number for the time being, and Qi Guoxiang himself said he did not remember. The police said they would look again, but I understand that the possibility of finding is not great, and can only call to contact the “appropriate adults”.
China’s Criminal Procedure Law provides that “if the legal representative cannot be notified, or if the legal representative is an accomplice, the minor suspect, other adult relatives of the defendant, the school, the unit, the grassroots organization in the place of residence or the representative of the organization for the protection of minors can also be notified and the relevant information will be recorded.” A suitable adult is a person who is present only to protect the legitimate rights and interests of minors, in addition to the legal representative.
I contacted Mr. Ma, who is the executive director of the District Mediators Association and a very enthusiastic old gentleman for public causes.
I slept poorly on my lunch break that day and arrived at the office early with a tired head.
My colleague Xiao Wu, who was arraigned with me, was young, enthusiastic, curious and appropriately cynical. All the way, he was asking me about this case related content.
Listen to Mr. Ma’s command on the phone, the car just turned into a neighborhood lane, wearing glasses, carrying a briefcase, Mr. Ma appeared in front of the building, this is the first time I saw him.
Mr. Ma’s back just next to the car seat, began to ask me about the case, after chatting a few words, he pulled out a judgment from the briefcase: “Look, this is what I brought back from the court session last week. This child stabbed his village mother to death in order to grab 200 yuan, do you think it’s worth it?
Ma teacher’s tone is full of regret, incomprehension and helplessness, I flipped through the verdict, indeed, with Ma teacher said the same, the robbery case is clear: 16-year-old Wang saw the village of the dame back from selling rags, think the other party should have money, touching their own daggers, followed from behind, a knife stabbed down, followed by another knife, in the dame stunned gaze, and unhurriedly turned out money to leave.
Only for 200 yuan, harmed a life, hitched most of their lives.
2
The police car stopped in front of the detention center, Wang Linhua’s father Wang Yong has been waiting to meet us. After showing the work permit to the police on duty, four of us went into the detention center. The arraignment room was not full, I was relieved to take the access card and enter the prison area. Inside the duty room, armed police stood with guns.
As we walked, I advised Wang Yong to put more effort into his children’s education.
“Yes, yes, I have to control my child more, did not think he could commit this big ……” Wang Yong frowned, promised very sincere, indeed honest and honest.
10 minutes later, the iron door opened. A fresh-faced, fair-skinned teenager into the arraignment room, if not the handcuffs on the hands, it is difficult for people to “robbers” and the teenager in front of them. Wang Yong came over, his eyes are full of concern.
“Is it cold inside?” Wang Yong seems to have a lot to ask, but for a moment did not know where to start.
Wang Linhua just shook his head: “Not bad.”
After that, Wang Linhua has been acting very calmly, did not go to see more of his father, only to focus on me, opened his mouth about what he did, like telling someone else’s story. Wang Yong could only retreat behind me when he saw this, listening on one side and sighing on the other.
Wang Linhua, Qi Guoxiang, Cui Dabao was a junior high school classmate, after dropping out of junior high school are no stable jobs, playing odd jobs around, often get together to play. Although the three of them are the same 17 years old, but the matter has an opinion, in the social “experienced” Cui Dabao has been acting as the role of “big brother”, there is something, Qi Guoxiang, Wang Linhua are listening to him.
In May this year, Cui Dabao and Qi Guoxiang agreed to go to Shanghai together to find a job. A few days later the two returned, Wang Linhua learned from Qi Guoxiang, two people’s trip to Shanghai did not go well. Not only did not find a job, but Cui Dabao’s cell phone was stolen.
When in Shanghai, Qi Guoxiang also cautiously asked Cui Dabao: “What should we do now?”
“Nothing. Let’s go back, my little brother Huang Shunshun has a new Apple 7 Plus, find a chance to take it over and use it.” Cui Dabao replied carelessly, for “taking” the phone matter, Qi Guoxiang also did not take it to heart.
Huang Shunshun was in his second year of junior high school, and his family was still well-off. He is not deeply involved in the world to meet Cui Dabao, the “big brother” as a good thing, but I did not expect the “big brother” has long been playing to him.
After returning to the city, Cui Dabao and Qi Guoxiang did not go home, but first went to Wang Linhua’s rented house – in order to live with his girlfriend, Wang Linhua rented an apartment by himself and moved out of the house.
After the two of them came over, Wang Linhua let his girlfriend go back to his house for the time being. When his girlfriend left, she was still a bit reluctant, and Wang Linhua did everything he could to appease her.
The next day, Cui Dabao again proposed to grab the phone. “That kid knows me, I can’t step in, you two do it.” Seeing Cui Dabao really want them to rob, Wang Linhua did not immediately take a stand, Cui Dabao was a little dissatisfied, turned to ask Qi Guoxiang, go to help him grab the phone, out of “loyalty”, Qi Guoxiang agreed, Wang Linhua also had to nod.
That night just after 7 o’clock, the sky has been completely dark. Cui Dabao took a phone call, came back and told Wang Linhua, Qi Guoxiang: “That child and four or five children singing in the bar, I called him to Liu’s alley to come, you two find him, say that someone paid you to beat him, scare him, and then gently beat him, take the phone away. If there are others who come together, also only grab that child’s Apple 7P, the phone of others are thrown away on the line.”
Subsequently, Cui Dabao used Wang Linhua’s phone to contact with Huang Shunshun, the two agreed to meet time and place. Before going out, Qi Guoxiang suddenly proposed to take Wang Linhua put on the bed a knife, said in the robbery of each other’s cell phones can scare each other. Wang Linhua and Cui Dabao also did not say anything.
I’ve seen photos of the knife in the case file, the sheath is white as jade, the handle is carved with flowers. After the crime, Wang Linhua’s girlfriend handed the knife to the police station.
3 people went out together, after a short while, Cui Dabao called each other again to confirm: “to where? How many of you came? What clothes are you wearing?” Knowing that the other side came two people, Cui Dabao and put forward the opinion: “If the other side asked who is looking for us to beat them, say ‘Lao Chen’.”
Meanwhile, two children came along Liu’s alley, and Cui Dabao pointed to the one who was a little shorter, “That’s him.” Then people quickly disappeared into the endless night. Before leaving, he also took Wang Linhua’s cell phone so that he could contact the two at any time.
The person who came is Huang Shunshun and his classmate Liu Jie, in the singing bar singing happy Liu Jie did not want to come over, but Huang Shunshun told him, “the fare big brother to reimburse”, Liu Jie just reluctantly accompanied him out the door.
When the two came close, hiding in the road Wang Linhua first jumped out: “Who is Huang Shunshun?”
Huang Shunshun unknown, without thinking, replied, “I am.”
Then Qi Guoxiang also emerged from the darkness. Wang Linhua, Qi Guoxiang together shouted at the two: “You two come here!”
Huang Shunshun and Liu Jie saw that the people coming aggressively, afraid not to listen will be beaten, only to follow them, apprehensively walk into the dark shadow of the street light can not shine.
Perhaps to embolden himself, Qi Guoxiang took out the knife, a fierce expression on his face: “Do you know someone looking for us two to beat you?”
Huang Shunshun looked confused: “Impossible, right? Who wants to beat us up?”
Qi Guoxiang answered according to Cui Dabao: “It was Old Chen who looked for us.” He asked the two children to squat down, he went up to take the phone, looked at it to determine the phone model, and put both phones in his shirt pocket.
In order to act real, Qi Guoxiang also took out the phone pretending to call “Lao Chen”, and so “hang up” phone, Qi Guoxiang turned to tell Wang Linhua: “Lao Chen had to hit these two children.” Then he took the knife back and forth while gesticulating, while scaring Huang Shunshun two: “Do you want to call 120 first?”
The two kicked Huang Shunshun, Liu Jie, respectively, Wang Linhua himself also got greedy, think only robbed Huang Shunshun’s phone, the other child’s phone thrown away too bad, it is better to rob their phones together, even if they do not use, sold for money. And Qi Guoxiang after a brief discussion, the two men took two cell phones quickly left the scene.
Immediately after Cui Dabao made an appearance, he pretended to know nothing, and found just robbed of the phone has not come out of shock Huang Shunshun and Liu Jie. The two were discussing calling the police, and once Cui Dabao heard this, he immediately hid and called Qi Guoxiang, trying to get him to play police. Unfortunately, this clumsy play was soon discovered by Huang Shunshun, once Cui Dabao left, Huang Shunshun then called the police.
When they returned to the apartment, Qi Guoxiang gave Cui Dabao both of the phones he had grabbed.
Confessions of three underage robbers
A dozen days later, Wang Linhua was arrested by the public security authorities in the local downtown mall, Qi Guoxiang and Cui Dabao heard the news, and felt that the east is already in trouble, the two went to the local police station together to surrender. When surrendering, Qi Guoxiang did not tell his family.
The whole process is more like a young man’s “farce” than a crime.
3
The “planner” Cui Dabao is taller and stronger than Qi Guoxiang, and looks older than his actual age.
When Mr. Ma educated him, a trace of impatience crossed his face, but he promised very well: “I will never commit a crime in the future.”
Cui Dabao’s parents divorced shortly after his birth, his father died in a car accident when he was 4 years old, his mother never visited him after she left, and he grew up with his grandparents.
After Wang Linhua’s father left, Mr. Ma sat in his place, I was interrogating, Mr. Ma also interjected from time to time, to see the need to educate two suspects.
“I said all right in the public security organs.” He confessed to the crime but very quick, confession and Qi Guoxiang basically the same, completely abandoned a certain time before the public security organs in the investigation stage to make a statement, will return the phone to Huang Shunshun’s defense, fully admitted the purpose of illegal possession.
After making a statement, I asked him, “Has your lawyer come to see you?”
“He just came two days ago.”
Cui Dabao’s family did not come to accompany the arraignment, I was worried that there was no lawyer to defend his legal rights, and I did not see any relevant materials from his lawyer in the case file.
“Have your lawyer or family contact the victim and try to get an understanding.” Before Cui Dabao left, I reminded him. For underage suspects, they are the ones who have to pay the right price for their actions, but education and rescue is the real purpose.
The police took Cui Dabao away, I looked down at the phone, 16:10, it seems that today can successfully arraign all three people. The mind calculates, after today’s arraignment tomorrow you can finish writing the review report, this case will certainly be out before the case is due.
“Report.” It was Qi Guoxiang who came.
From this “report”, I guessed that Qi Guoxiang should be a more disciplined person, the first two are directly in.
But, yes and no – Qi Guoxiang just sat down, I noticed the slightly exaggerated tattoo on his arm. Although I have always been against the “stigmatization” of tattoos, but at a glance, but also does not look like a good boy.
Qi Guoxiang saw us and froze for a moment. “Where’s my mom? Didn’t you say last time that my mom was coming this time?” His eyes immediately reddened, disappointment and frustration all piled up on his face.
“We didn’t find your mother’s contact information, so we contacted the right adult to defend your legal rights.” I froze a little too and quickly told the truth.
“I’m an appropriate adult, probably more knowledgeable about the law than your mother, and fully capable of safeguarding your legal rights.” Ma stood up and explained her role.
“But last time it was clear that my mother was coming ……” Qi Guoxiang’s eyes got even redder.
“Do you know your mother’s contact information? You did not provide it when you were in the public security agency.” I also thought that it would still be best if his mother could be contacted.
“I didn’t remember.” Qi Guoxiang began to sob in a small voice.
“Then whose number can you remember?”
“I seem to be able to remember my father’s number, but I don’t know if I memorized it correctly.” Qi Guoxiang barely stopped crying and recited a string of numbers.
I wrote it down and pulled out my phone. In theory I should not use personal numbers to contact the party concerned, but to verify the accuracy of the number or not, I can only use the phone to call to try.
After the phone rang a few times, the other party picked up the phone and a low voice came: “Who?”
“Hello, I am the District Prosecutor’s Office Public Prosecution Division, may I ask if you are Qi Guoxiang’s father?”
There was silence for a moment: “Yes.”
The phone was quickly handed over to Qi Guoxiang’s mother, and after conveying her son’s wishes to her, Qi’s mother explicitly requested that she be present at the arraignment. She spoke in a loud voice: “Thank you, I have to trouble you to make another trip.”
A reasonable mother indeed.
After a minor commits a crime, the most frightening thing is that the family is disappointed and does not care about it, which will have a high probability of making the child break down and sink completely. So, although I had to make another trip, I was very happy to contact Qi’s mother.
The next day, in front of the detention center, I met Qi Guoxiang’s mother. Short hair, 50 years old or so, speaks crisply, once met repeatedly stressed to me that her son is not incorrigible: “My child is usually very obedient at home, also like to make friends, people are very good, the family all day to find him to play.”
Seeing his mother, Qi Guoxiang’s tears welled up again, and he cried like a child. In order to let the interrogation continue, I repeatedly spoke out to remind, “Qi Guoxiang, control your emotions.”
“Xiangxiang, don’t cry, it doesn’t matter if you make a mistake, you have to change properly. After you change, you are still a good boy.” Qi Guoxiang’s mother stood up and comforted her son, looking at him without reproach in her gaze anymore.
“Dad is furious, right? He must be very angry this time.” Qi Guoxiang asked his mother anxiously as he wiped his tears.
“Your father was really angry at first, but now he is no longer angry with you, he has work to do, or else he would have come to see you. Your brother also misses you. Change well inside and work well when you come out. Do you hear me?” It was only with his mother’s words that Qi Guoxiang’s mood stabilized.
Qi Guoxiang’s mother wiped her eyes with her hand, and when she saw me looking at her, she forced a smile.
The interrogation continued, and Qi Guoxiang’s confessions were corroborated by Wang Linhua and Cui Dabao.
4
A month or so later, the case went to court and I saw them again. The weather has turned cold, three people wearing autumn clothes appeared in court, the gallery sat a lot of people, Cui Dabao’s two aunts came, Qi Guoxiang’s mother, Wang Linhua’s father also came to court.
And I appeared in court together with the public prosecutor is Wang section chief, he is an old public prosecutor origin, but also did anti-corruption, transferred out of love for the prosecution career, they stayed. The company’s main business is to provide a wide range of products and services. The person who served as the presiding judge was Song, whose style was always rigid with softness.
Seeing their children in handcuffs and shackles on trial, the parents naturally hard in their hearts, as in the courtroom education, Wang said, the trial is not just a single of their three children? It is no exaggeration to say that now the child is the core of a family, the child went astray enough to destroy a family, and conversely, the child went astray, and basically with the family can not be unrelated.
When the presiding judge asked Cui Dabao family members, Cui Dabao only said grandparents.
“Where are the parents?”
“Both dead.” Cui Dabao answered quickly.
My heart seized up – his mother was still alive, but in his opinion was tantamount to dead, and it was hard to say that his answer was not tinged with hatred for his own mother.
Sitting in the legal representative’s seat was Cui Dabao’s aunt. The court went very well, the defendants pleaded guilty, their defense attorneys focused on mitigating their punishment, there is no objection to the crime and the facts and evidence of the crime.
Cui Dabao’s aunt dressed into the time, the family economic conditions should be good, she solemnly promised in court: “I have discussed with my husband, Cui Dabao out to follow us a piece of life, we will strengthen education, let him on the right path.”
The families of the two victims also issued letters of understanding. One of the mothers told me, “are still children, the phone is also returned, I do not ask to pursue their criminal responsibility.”
I scanned the letter of understanding, they also did not ask for a single point of compensation.
“The reason why I participated in the robbery is to get in the way, I think it’s not good not to go, I did not expect the consequences to be so serious.” Wang Linhua’s voice was a little choked up when he answered the lawyer’s question about why he was involved in the robbery.
Finally, because of the compensation understanding, the three young people still received a light sentence: Wang Linhua guilty of robbery was sentenced to 2 years in prison suspended for 2 years and a fine of RMB 3,000; Qi Guoxiang guilty of robbery was sentenced to 1 year and 8 months suspended for 2 years and a fine of RMB 3,000; Cui Dabao guilty of robbery was sentenced to 2 years in prison suspended for 2 years and a fine of RMB 3,000.
With that, the court retired.
The bailiff took the three defendants to check the court transcripts, and I looked at their young faces, their shaved hair already long, and the handcuffs on their hands reflecting the white light.
On the way, we discussed the previous “Lushan junior high school student rape bail case” – the treatment of juvenile suspects should indeed be different from adults, but also can not be one-sided emphasis on their protection, punishment is also necessary, otherwise the rights of the victims who to achieve?
For example, the case of Huang Shunshun and Liu Jie, in that dark moonless night, the fright and aggression must be “repaid” by someone. Not to indulge, not to blame, education and rescue and punishment according to law, in order to let these children really know that some bottom line can not be crossed.
I sincerely hope I never see these three children again.
(The names of people and places in this article are pseudonyms)
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