Presumably we have been flooded with the "Jiang Ge incident" from last night to today, and major self-media figures have also paid attention to this incident. Among them, Mi Meng wrote an article titled "The Case of Liu Xinjiang Ge: The law can punish the murderer, but who will punish humanity?" "The article triggered a crazy trend in the circle of friends. For a time, what was originally a legal matter quickly evolved into a discussion about human nature, and the signature campaign launched by Jiang Ge's mother "Signatures Requesting Chen Shifeng's Death Penalty" pushed the incident to a climax.

However, regarding this incident, we will not talk about human nature today, only the law.

Review of the incident

Jiang Ge and Liu Xin were both students studying in Japan. They were good friends and besties. After Liu Xin broke up with her boyfriend, her boyfriend Chen Shifeng harassed Liu Xin many times. Jiang Ge let her live in his home.

In 2016, her ex-boyfriend came to see Liu Xin again. Before 12 a.m. on November 3, Jiang Ge received a call from Liu Xin, hoping that she would pick her up at the station and take her home. But when Jiang Ge returned to the apartment after receiving Liu Xin, she found Liu Xin's boyfriend waiting for them downstairs. During the period, the three of them had a dispute. Jiang Ge asked Liu Xin to go back to the room first, while he argued with Liu Xin's boyfriend and blocked the door to prevent him from entering. Then, Liu Xin and his neighbors heard screaming, and Liu Xin called the police. When the police arrived, they found that Jiang Ge had been stabbed more than ten times, hitting his vital parts. They immediately sent Jiang Ge to the hospital, but due to excessive blood loss, Jiang Ge left us forever.

Later, Liu Xin’s indifferent attitude and failure to tell the truth aroused the anger of Jiang Ge’s mother and many netizens, who all conducted human flesh searches against Liu Xin. While netizens condemned Liu Xin, they also The culprit in this incident was ignored - Chen Shifeng, Liu Xin's ex-boyfriend. Until Jiang Ge's mother launched a signature campaign calling for Chen Shifeng's death sentence, everyone once again judged the matter from a moral perspective and demanded the death penalty.

Of course, such a cruel murderer and such an indifferent best friend are really infuriating. From a legal perspective, should Liu Xin be legally responsible for this incident? Will Chen Shifeng be sentenced to death?

First of all, let’s talk about the question that people are most concerned about: Will Chen Shifeng be sentenced to death?

As for whether Chen Shifeng will be sentenced to death, we cannot just rely on shouting, it must be determined based on the law. Japan is a country that has not abolished the death penalty. Therefore, it is still possible to be sentenced to death, but the conditions for implementing the death penalty are very harsh. After the war, Japan was very cautious about the death penalty. Now it can be said that it is impossible to be sentenced to death for killing one person. Even if it is, it will be under extremely bad circumstances. In cases where the circumstances of the crime are ordinary, even if two people are killed, the person is usually not sentenced to death but to life imprisonment.

But this is not without precedent. Previously, there were as many as 330,000 death penalty petitions in Japan, and the court sentenced the death penalty. This was also the reason why Jiang Ge's mother initiated the petition. According to Mimeng's statistics, as of yesterday, there were 290,000 people supporting Chen Shifeng's death penalty. From this point of view, Chen Shifeng is likely to be sentenced to death.

Secondly, assuming that Chen Shifeng was not sentenced to death in Japan, can China pursue his death penalty?

Many netizens hope that Chen Shifeng will be sentenced to death. However, Japan's death penalty conditions are harsh, and some netizens asked whether he could be sentenced to death in China. In our country, according to the relevant provisions on extraterritorial jurisdiction of the Criminal Law, if a citizen of the People's Republic of China commits a crime stipulated in this law outside the territory of the People's Republic of China, this law shall apply. Therefore, China's public prosecutors and judicial organs have the power to conduct investigations, prosecutions, trials and prosecutions. However, if Chen Shifeng is to be sentenced to death in China, it will involve not only the issue of diplomatic relations, but also the more important issue of judicial sovereignty. You must know that currently, our country has not signed an extradition treaty with Japan. It is extremely difficult to extradite Chen Shifeng back to the country and impose the death penalty because it involves the issue of a country's judicial sovereignty. The case occurred in Japan. No country will give up jurisdiction over the case and hand the case to other countries for trial. This undermines the country's judicial sovereignty.

So, if Chen Shifeng was not sentenced to death in Japan, can China still hold him responsible for the death penalty?

If Chen Shifeng was not sentenced to death in Japan, and if China's Criminal Law were to apply, China would have to wait until Chen Shifeng returned to China after completing his sentence in Japan before China could pursue his criminal responsibility. Chinese courts A trial can take place. However, if Chen Shifeng does not return to China after serving his sentence, China's Criminal Law will not have any effect on him.

Finally, let’s talk about whether Liu Xin should be held legally responsible.

The cause of the incident was Liu Xin, so should Liu Xin, who was spurned and reviled by others, bear legal responsibility? When determining a crime in the Criminal Law, whether it is the "Three Elements Theory" or the "Four Elements Theory", the most important thing is the causal relationship of the crime. Jiang Ge's death was caused by Chen Shifeng's death after stabbing him dozens of times. Liu Xin, as the third party present, was not the person who shielded Chen Shifeng, nor was he an accomplice. From a legal point of view, Liu Xin and Jiang Ge's death were not the same. There is no causal relationship and therefore, no legal liability can be held.

Now that the public opinion on the Internet is leaning towards Jiang Ge, Zhuangzhuang’s views will inevitably arouse criticism. From a moral perspective, Liu Xin is indeed as “unconscionable” as most media wrote, but in the From a legal perspective, it is indeed impossible to convict.

We wish the deceased to rest in peace. If you also support Chen Shifeng’s death sentence, go and sign your name on the petition and do something you can for the deceased.