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and has turns raping the same woman (girl). Constitute gang rape to gang-rape of two or more persons have deliberately premise (including prior premeditated and spur of the moment). If two people have raped the same woman (girl), but there is no subjective intent to rape together, or two premeditated rape of the same woman (girl), but were alone in a different time and place, it can not be considered to be gang-raped. In addition, gang should be two or more direct perpetrator (committing), a help a practice, can not be considered gang-raped, and just general accomplice.聽Sentencing: "Criminal Law" Section 236 provides that the rape of women, rape young girls, there are two or more persons jointly commit the term imprisonment, life imprisonment or death聽According to "Criminal Law" Article 236 stipulates that violence, coercion or other means rapes a woman more than three years in prison. Raped young girls under 14 years of age.
with rape and severely punished. Rape, Carnal Knowledge, one of the following circumstances, term imprisonment, life imprisonment or death a) rape, aggravated rape young girls; (ii) the rape of women, more than Carnal; ( c) raping women in public places; and (d) two or more gang-raped; and (e) cause the victim serious injury, death or other serious consequences.聽Cause: gang rape aggravating, except where the victim has suffered rape, but also by common perpetrators of gang rape, adultery should take responsibility for their behavior and results with others聽Rape means against her will, sexual relations or Carnal behavior forced to have with women. Gang rape is within the scope of the crime of rape, attached to the rape, rape as aggravating be prescribed. The reason why the existing criminal law, "two or more gang-raped,barbour france," defined as aggravated type of gang rape aggravating, not only because the victim has suffered rape, gang rape, but also because the common behavior of people, it is necessary to undertake their responsibilities with the results of adultery, also bear responsibility for the actions of others and result adultery.聽How to identify gang-raped need?聽The accused, the suspect had a common intent and rape victims turn to adultery in a certain time period, and can be identified as gang rape聽In China's current Criminal Law "two or more gang rape" is not more severe punishments.
but an aggravating circumstance, the most important can be sentenced to death. Gang rape applicable legal punishment, not only on the female victim suffered objective Infraction turn adultery law, but also because there is often gang rape perpetrator communicate meaning, sharing and strengthening behavior, making people more reckless behavior, rape and easier to succeed. Therefore, the establishment of "gang rape" requires not only killed women suffered gang rape law Infraction objectively, and requires that the perpetrator have a common intentional rape (without necessarily requiring the outset with a gang rape intentional).聽Identify whether gang-raped, not only by the length of time, and to investigate the continuity of time. As long as two or more men take turns raping the same woman with a common intent.
in a long time for a woman to control, even if a longer time interval, even the implementation of adultery is not in the same place, then, for the implementation of the time women are continuity, should be regarded as acts of gang rape in the same time period.聽Even those involved in the gang rape or without criminal responsibility, 16 years of age found guilty of adultery who still constitute gang rape聽For there is no criminal responsibility of the perpetrators and criminal responsibility of the perpetrator when the joint force turns raping the same woman finds should consider "2 or more" gang-raped just sentencing for rape, gang rape identified for attention is the perpetrator Common cause the victim have been violated objective facts, and whether it constitutes a common crime unrelated.聽Departure from the traditional crime on the system, for gang rape finds the perpetrator can not be established joint crime as a precondition. To determine the nature of such acts, we must proceed from the act of infringement of legal interests analysis. On legislation, the gang rape rape as an aggravating circumstance, illustrates the seriousness of gang rape against a female. In the gang rape episode, victims are against only by 2 or more people take turns to adultery, whereas the behavior of the individual is a criminal responsibility has nothing to do. As long as the perpetrator together with others, at the same time, the same women or young girls, has continuously turns the implementation of adultery, gang plot can be established.
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