What is the final verdict of Jiangge incident?

20 1 165438 local time in Japan1October 3, a Japanese student studying at Hosei University in Tokyo, Japan, was stabbed to death by her best friend ex-boyfriend Chen Shifeng, which triggered the "1 1.3 case of female students studying in China".

I. Relevant judgment results

1.20 years imprisonment

The final sentence of Jiangge case is 20 years' imprisonment, which refers to the sentence of Chen Shifeng, the murderer who directly caused harm to Jiangge and led to its death. 201165438+/kloc-0 was arrested on October 7th, and Chen Shifeng was officially recognized as Jiangge on October 24th. Chen Shifeng was sentenced to 20 years in prison for intentional homicide and intimidation. Although Chen Shifeng filed a complaint two days later, he withdrew the complaint on the 29th, and the court formally withdrew the appeal on the following year1October 5th (65438), and the case ended.

2. Jiangge's mother v. Liu Xin.

On the evening of 20181kloc-0/5, Jiangge's mother announced that she would file a lawsuit against her classmate Liu Xin. On June 5, 2020, a pre-trial meeting was held in the case of Jiang Mu v. Liu Xin's right to life, and the court session was held on April 5, the following year 15. On June 5438+1October 10, 2022, Chengyang District People's Court of Qingdao City, Shandong Province made a first-instance judgment on the dispute over the right to life between plaintiff Jiang Qiulian and defendant Liu Nuanxi: defendant Liu Nuanxi compensated plaintiff Jiang Qiulian for various economic losses of 496,000 yuan and mental damages of 200,000 yuan within 10 days from the effective date of the judgment, and assumed all the acceptance fees of the case. Liu Xin subsequently appealed. 165438+1On October 22nd, the case of Jiang Qiulian v. Liu Xin's right to life, body and health was heard in the second instance of Qingdao Intermediate People's Court. The court announced an adjournment and decided on another day.

3. Fixed-term imprisonment 18 months

In addition to appealing against two cases directly related to Jiangge, Jiangge has another related case. It is reported that after Chen Shifeng, the murderer of Jiangge, was sentenced, a netizen named Tan Bin posted articles and cartoons related to Jiangge on the Internet. However, because the articles and cartoons insulted Jiang Ge and Jiang Mu himself, Jiang Mu filed a lawsuit against Tan Bin, and then Shanghai Putuo Court filed a lawsuit against the case. Tan Bin was sentenced to one year and six months in prison for insulting and slandering. Later, both Jiang Mu and Tan Bin appealed, but the second instance of the Shanghai No.2 Intermediate People's Court upheld the original judgment.

Second, the principle of territorial jurisdiction.

The principle of territorial jurisdiction is a concept in international law, which refers to the principle of determining the jurisdiction of natural persons, legal persons or other organizations, that is, the location or the country to which it belongs has jurisdiction, and one party decides to exclude the jurisdiction of the other party. In addition, there are the principle of personal jurisdiction and the mixed principle of personal and territorial.

According to the relevant provisions of the principle of territorial jurisdiction, if a citizen of a country commits a criminal offence in another country, it should be handled according to the principle that the law of the country where the crime occurred takes precedence, that is, the country where the crime occurred has priority jurisdiction. Take the Jiangge case as an example. It happened in Japan. Even if both the suspect and the victim are from China, the trial will be conducted according to the principle of territoriality and Japanese criminal law.

Legal basis:

Criminal law of the people's Republic of China

Article 10 stipulates that anyone who commits a crime outside the territory of People's Republic of China (PRC) and should bear criminal responsibility according to this law can still be investigated according to this law even after being tried in a foreign country, but those who have already been punished by criminal punishment in a foreign country can be exempted or mitigated.

As far as Jiangge's case is concerned, if Liu Xin's ex-boyfriend is subject to criminal punishment in Japan, China's judicial organs can still enjoy the right to sue according to law.

Interpretation of the Application of the Criminal Procedure Law of People's Republic of China (PRC)

Article 8 stipulates that it shall be under the jurisdiction of the people's court of the place of entry or the place of residence before departure; If the victim is a citizen of China, it may also be under the jurisdiction of the people's court of the place where the victim lived before leaving the country.

Specific to this case, if Liu Xin's ex-boyfriend returns to China, it shall be under the jurisdiction of the people's court of the place of entry or residence before leaving the country, or the people's court of the victim's residence before leaving the country.