Pay Attention To The New Crime Of Criminal Law: The Obvious Power In The "Black Brick Kiln" Case Of Forced Labor Crime
Pay attention to the new charge of criminal law: the crime of forced labor shows its power in the series of "black brick kiln"
Prosecutors suggest: clearly define "serious circumstances" and impose heavy penalties on the work of mentally handicapped persons.
Amendments to the criminal law (eight) enacted in May 1st on forced employees
Labor crime
A major amendment provides that a criminal can be prosecuted for the crime of forcing another person to work by means of violence, threat or limitation of personal freedom.
responsibility
It has greatly expanded the original force.
Workers
The scope of application of labor crime.
The Legal Daily reporter learned from the investigation that the judicial organ of Malone County of Yunnan Province recently handled the series of "black brick kiln" forced mental retardation labor cases with forced labor crime.
The crime of forced labor begins to act in practice.
Prosecution series black brick kiln case
In mid May, the people's Procuratorate of Malone County filed a public prosecution against the people's Court of Malone county according to the case of Du Panzhi, a suspect who was suspected of forced labor.
In May 27th, Malone county court sentenced Duban to 7 months' imprisonment for a crime of forced labor and a fine of 3000 yuan.
This is the first case in the criminal law amendment (eight) and the supplementary charge (five).
Since then, Malone County procuratorate has examined and prosecuted several similar cases.
Up to now, the hospital has handled 4 cases of 9 cases.
Two other cases are still being investigated by public security organs.
Consistent with previous media exposure of the "black brick kiln" incident, these cases are illegal bricks and mortar owners spend money from the traffickers to buy a certain number of mentally retarded personnel, in order to beat and restrict personal freedom to force labor.
"These mentally handicapped people are mostly traffickers from abroad to Malone.
For hundreds of dollars, bricks and mortar owners can buy almost a "zero cost" labor force.
They only pay a small salary for mentally retarded people, or even not.
The brick field usually employs specialized personnel to take strict care of mentally handicapped people and prevent them from running away.
Malone County People's Procuratorate chief prosecutor Gao Long told the "Legal Daily" reporter.
Gao Long introduced that when the public security organ pferred Du Panzhi to the case, the charge was still the original crime of forcing employees to work.
Just to catch up with the criminal law amendment (eight), Malone County procuratorate filed a public prosecution on the crime of forced labor.
The scope of the new rules is broader.
In recent years, some brick kilns have been abducting, forcing migrant workers and minors to work hard as a "black brick kiln".
The amendment to the criminal law (eight) stipulates that the crime of forced labor can be tailored to such incidents.
Shao Haifeng, a full-time member of the Procuratorial Committee of the people's Procuratorate of Dinghai District, Zhoushan, Zhejiang, said that the crime of forced labor force was "narrow and non extensible" in terms of the applicable subject, object, form and scope of application.
For example, the applicable subject is limited to employing units; the coercive mode is only limited to "illegal restriction of personal freedom", but it is necessary to commit crimes, but also to satisfy 3 conditions of "violating labor management regulations", "taking employees of the unit as the object" and "serious circumstances"; the applicable field is only limited to the applicable scope of labor law and labor contract law, so that illegal employment, labor forced by farmers, and forced labor by domestic helpers can not constitute forced labor in the sense of labor law, and can not be regulated by it.
"Labor is a very broad concept, and the definition of" forced labor "should also be moderately expanded.
Shao Haifeng introduced that the Convention on forced labour in the International Labour Organization Convention defines "forced or compulsory labor" as all voluntary labor or services that are coercion and coercion.
The definition has broad influence and is still cited by the International Labour Organization, the international community and other countries.
The amendment of the criminal law amendment (eight) on the crime of forced labor has expanded the scope of the crime and widened the applicable field.
In the objective aspect, the new regulations supplement the means of determining "coercive" and add assistance crime.
In sentencing, the new regulation has increased the statutory penalty and revised the punishment principle.
"Such a provision has basically achieved docking with the international labour standards and the supplemental protocol, and is more in line with the need to combat the increasing number of forced labor crimes in the field of labor production. It has positive theoretical and practical significance."
Shao Haifeng said.
Recruits are hard to get.
It is understood that in the Malone County series of "black brick kiln" court has sentenced 4 cases, 9 defendants were sentenced to the longest sentence is only 9 months, such sentencing is lighter?
Gao Long said that all sentencing results are within the scope of sentencing of statutory sentences.
Because the crime of forced labor does not belong to 15 accusations of standardized sentencing reform, the procuratorial organ has no right to recommend sentencing.
Therefore, in the above cases, the procuratorate simply expressed the view of sentencing in the debate session, and "judging more or less depends entirely on the judge's judgement".
Gao Long believed that in the above cases, the accused had not been arrested for illegal detention of mentally retarded persons for a long time. The long months were only short for a few days. This was an important plot that affected the court's decision.
However, Gao long admitted that the amendment (eight) did not clearly define the "serious circumstances", resulting in a lack of uniform standards for practical operations, and should be clarified in subsequent provisions.
"In particular, it is necessary to impose heavier penalties on people with mental retardation, disabled persons and mental patients."
Gao Long believes that these special people are easy targets for illegal elements to be infringed, and special protection should be given in legislation.
The amendment to the criminal law (eight) also stipulates the assistance crime of forced labor crime, that is, forced workers to recruit personnel, pport personnel and other acts of assisting forced labor.
This new regulation has also been applied in Malone county.
Among the 4 cases that have been dealt with, one is the recruitment of mentally retarded personnel for the "black brick kiln".
But Gao long discloses, because these people are in the mobile crime, the identity is also very difficult to determine, investigates these personnel's criminal responsibility to be very difficult.
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