On July 21, after the 2016 Zhejiang University student, Nu Mou was sentenced for rape, the news that Zhejiang University made a one-year sanction to stay on campus for probation has aroused heated discussions among netizens.
Regarding the controversy caused by the school’s handling opinions, Ying Biao, the Minister of Propaganda of the Party Committee of Zhejiang University, said in response to an interview with a reporter that Zhejiang University will announce the explanation as soon as possible on the basis and standards for the formation of opinions on Nu Mou’s handling.
The lawyer stated that the punishment of Nu Mou according to the “Measures for Disciplinary Violation of Students of Zhejiang University” is obviously inappropriate. The crime of rape is obviously not a violation of discipline, but a crime. Discipline violations, violations of laws, and crimes have significantly different levels of harm to society.
Zhejiang University student was sentenced for the rape case, the school said it would explain as soon as possible
On July 17, the official website of the Student Affairs Department of the Party Committee of Zhejiang University announced a “Zhejiang University’s Decision on Imposing Punishments for Nu XX to Stay on Campus”, which showed: Nu XX, a 2016 student. On April 17, 2020, the Xihu District People’s Court of Hangzhou City sentenced the student to rape and sentenced him to one year and six months’ imprisonment and one year and six months’ suspended sentence. According to the “Measures for Disciplinary Violation of Students of Zhejiang University”, after research and decision, Nu XX will be given a sanction of staying for school probation for a period of 12 months, calculated from the date of the sanction decision.
An online statement from Zhejiang University on the matter showed that after Nu was sentenced, his college held that after a discussion on May 25, Nu was the first offender and had already strongly repented, and asked for a chance to correct him. Nu Mou is a graduate, so he urges the school to take disciplinary action against the student lightly. This fact sheet was also identified by netizens as the reason why Nu Mou was only “stayed for inspection”.
On July 21st, after being sentenced, Nu Mou still posted travel news. Netizens believed that he had no intention of repentance. Therefore, Zhejiang University’s decision to stay only for probation aroused heated discussions.
Upstream news reporters searched the Judgment Document Network and found that on April 17 this year, after the People’s Court of Xihu District, Hangzhou City, Zhejiang Province issued a criminal judgment (2020) Zhejiang 0106 Xingchu No. 140, the details of the case were not announced. “Because the people’s court found that it has inappropriate other situations disclosed on the Internet”.
The “Student Handbook” of Zhejiang University stipulates that those who have been sentenced to control, detention, or independent application of additional penalties by the judiciary, or who have been sentenced to fixed-term imprisonment with probation, shall be subject to probation or expulsion from school.
Regarding the basis and standards for handling Nu Mou, Ying Biao, director of the Propaganda Department of the Zhejiang University Party Committee, said in response to an interview with upstream reporters on July 21 that the school will announce official information as soon as possible to explain the matter.
The lawyer believes that Zhejiang University’s handling is obviously improper and that rape is not a violation of discipline but a crime
Nu Mou’s incident also caused concern in the legal circle.
Lawyer Lian Dayou of Beijing Wenze Law Firm believes that according to Article 236 of the Criminal Law, who rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and more than 10 years if the circumstances are serious. Fixed-term imprisonment, life imprisonment, or a death sentence. At the same time, those who rape a woman in accordance with the “Guiding Opinions on Sentencing of Common Crimes of the Supreme People’s Court” can determine the starting point of sentencing within the range of three to six years in prison. It is rare that Nu Mou is under a legal sentence and is on probation.
Based on the current public information, Nu Mou may be sentenced below the legal penalty due to the two legal circumstances of surrender and suspension of crime. The law stipulates that in the course of a crime, the suspension of the crime is the automatic abandonment of the crime or the automatic and effective prevention of the consequences of the crime. If a suspended offense has not caused damage, the penalty shall be exempted; if it causes damage, the penalty shall be mitigated. After committing a crime, he voluntarily surrendered and confessed his crime truthfully is to surrender. Criminals who surrender can be given a lighter or mitigated punishment. Where crimes are relatively minor may be exempted from punishment.
The “Guiding Opinions of the Supreme People’s Court on the Sentencing of Common Crimes” mentioned that the penalty is determined based on the facts, nature, circumstances of the crime, and the degree of harm to the society.
Sentencing should consider both the severity of the crime committed by the defendant and the degree of criminal responsibility the defendant should bear so that the crime, responsibilities, and punishment can be adapted to achieve the purpose of punishment and crime prevention.
Lawyer Lian Dayou stated that the punishment of Nu Mou according to the Measures for Dealing with Disciplinary Violations of Students of Zhejiang University is also obviously inappropriate. The crime of rape is obviously not a violation of discipline but a crime. Discipline violations, violations of laws, and crimes have obviously different levels of harm to society.
