Will it be impossible to prosecute for over 20 years?, Unexpectedly uncovered three suspects and traffickers! Local police refuse to file a case, 27 year old man searching for his family, Niu Yu | baby boy | young man
A piece of essay grid paper, which took 27 years, is old and curled up with rough edges, and the handwriting begins to blur! Memories of a baby boy's "background" are densely packed
After uncovering all the "secrets" on the paper, 27 year old Niu Yuhang was shocked: behind this piece of paper are all lies!
After three years of searching for relatives without success, he unexpectedly found a suspect suspected of trafficking him.
After reporting to the police, the local police made a decision to exceed the statute of limitations for prosecution, not pursue criminal responsibility, and not file a case. On May 31st of this year, the local procuratorate issued a notice of supervision and examination for filing a case, stating that it is legal for public security organs to not file a case.
On June 6th, Niu Yuhang told Orange Persimmon Interactive that he has not yet found his biological parents and will rush to the local provincial capital to appeal to higher-level law enforcement agencies, continue to search for relatives, and insist on holding accountable
His parents moved him with four words: falling leaves returning to their roots
27 years ago, a family surnamed Niu in Handan, Hebei Province, unexpectedly received a baby boy.
Mr. and Mrs. Niu, who have already given birth to two daughters, have mixed feelings when they see a baby boy: the family is short of a male, but the child is on the verge of death and seems difficult to support.
The family sent the child to the hospital for examination: it was a two-month-old baby boy with acute pneumonia and malnutrition.
The person who brought the child to the Niu family is two men and one woman.
Before coming to the Niu family, they had already visited multiple households, all of which were rejected due to the poor health of the baby boy.
The Niu couple ultimately decided to keep the baby boy and requested the three people who brought the child to write a document and leave their ID information. If the child grows up, it will be easy for their biological parents to find him.
A man named Wu, who claimed to be the uncle of a baby boy, wrote his identity information on a grid paper and left information about the baby boy's biological parents.
As soon as dawn broke, Wu and the other two took the more than 9000 yuan given by the Niu family and disappeared without saying goodbye.
At that time, the family of Niu was not well-off. Niu Yuhang told Orange Persimmon Interactive, "My father is an ordinary teacher, and my mother is a farmer. The family couldn't afford 9000 yuan at the moment. Later, my father went to school to borrow money from colleagues, and with the help of relatives, he managed to raise enough money."
Niu Yuhang said that he was a child who grew up in favor.
At the age of 3, one winter, the mother was sweeping snow on the roof and heard the child crying in the room. She was in a hurry to go down to the house to see her son, but accidentally fell, and from then on she developed kidney disease.
Niu Yuhang said that when he was a child, his two sisters would pick him up from school, his father would work alone to support the family, and his mother would farm and take care of the children.
When he was in middle school, his parents tried to be careful when mentioning his background, but Niu Yuhang cried and was unwilling to accept it.
"My parents and two sisters were very kind to me. I was pampered from a young age and couldn't be beaten or scolded, so I couldn't doubt it at that time."
When Niu Yuhang was young, he chose to enlist in the military. In the third year, he went on vacation to visit his family and returned home. His parents took out the documents left by the two men and one woman back then. He said, "When I saw the evidence, I was very angry and didn't pay attention to it."
In 2017, Niu Yuhang returned to his hometown and his parents once again talked about his son's background.
Why do parents mention their background multiple times? Niu Yuhang said, "My parents are very serious this time!"
They said they hope you can find your biological parents, after all, they gave birth to you and gave you life. We also want to see what your parents look like in our lifetime.
"Mom and Dad, this will always be your home, and our door will always be open for you..."
Finally, the four words given by the foster parents to their son completely moved Niu Yuhang: "Ye Luo Gui Gen.".
The dilemma of "no accountability, no filing"
After many years, Niu Yuhang finally had the courage to open that essay grid paper.
The above is the identity information left by a man surnamed Wu, from Ziyang County, Ankang City, Shaanxi Province. There is also evidence that Wu, who claimed to be the uncle of the baby boy, claimed that the child was given away by relatives who violated family planning.
In addition, there are signatures from Niu Yuhang's biological parents, as well as home address information.
In October 2020, Niu Yuhang registered information on the Baby Home Searching website and searched for relatives across the entire network.
With the help of the police in Handan, Hebei, blood samples were collected and entered into the national anti kidnapping DNA information database. After multiple comparisons, they were not successfully matched.
The police and family search volunteers continue to help him find clues.
However, after investigation and verification through various channels such as police and volunteers, it was found that the proof documents left by Wu and others at that time were all fabricated, and the signatures of Niu Yuhang's biological parents were all fake.
The Niu family was shocked: they were deceived!
With the help of volunteers, Niu Yuhang finally found the former Wu.
After contacting Wu repeatedly, Wu finally admitted, "I'm not your uncle."
After some investigation, Niu Yuhang finally learned the fact that he had been cheated by human traffickers at least three times when he was young.
Three people suspected of participating in child trafficking are Wu, Guo, and Wu.
One of the suspects claimed that when the baby boy arrived at his home, he was wrapped in a hospital white blanket and had a umbilical cord
In December 2021, Niu Yuhang contacted the Public Security Bureau of Ziyang County, Ankang City, Shaanxi Province, and collected blood and sent it to the local area.
In March 2023, Ziyang County will give a notice of case acceptance and interrogate three suspect.
Subsequently, the police issued a notice stating that the statute of limitations for prosecution had passed and that the three individuals would not be held criminally responsible. They decided not to file the case again.
Niu Yuhang was disappointed. He consulted the relevant legal provisions: the ultimatum of the Notice on Urging suspect Related to Abduction and Trafficking of Women and Children to Surrender to the Criminal Court jointly issued by the "Two High Level and One Department" on June 30, 2022 clearly stipulated that those who surrendered before this time can strive for leniency, otherwise they will be severely punished.
Niu Yuhang said that one of the suspects also said on the phone, "You have the ability to have the police come and arrest me..."
Niu Yuhang was dissatisfied and submitted an application for case supervision to the local procuratorial organs.
On March 24th, during a hearing, the prosecution stated that Wu and others were found guilty of child trafficking, but according to the 1979 Criminal Law, the case has passed the statute of limitations for prosecution.
After the hearing, Niu Yuhang was once again disappointed.
On May 31st, the People's Procuratorate of Ziyang County issued a "Notice of Supervision and Review of Case Filing" to him, stating that the public security organs' failure to file a case was legal.
He told Orange Persimmon Interactive that in the next few days, he will set off for Xi'an and appeal to a higher-level law enforcement agency, "Continue to search for relatives and hold accountable!"
Lawyer's statement
How to define the prosecution period for child trafficking
According to Article 87 of the Criminal Law, if the maximum statutory sentence is less than ten years of fixed-term imprisonment, the statute of limitations for prosecution is ten years.
If the statutory maximum sentence is fixed-term imprisonment of more than ten years, the statute of limitations for prosecution is fifteen years.
If the statutory maximum penalty is life imprisonment or death penalty, the statute of limitations for prosecution is twenty years; If it is deemed necessary to prosecute after twenty years, it must be reported to the Supreme People's Procuratorate for approval.
Lawyer Chen Lei from Zhejiang Jindao Law Firm believes that the longest prosecution period for criminal offenses is 20 years, which means that if the criminal act has occurred more than 20 years ago, it should not be prosecuted in principle.
One of the purposes of establishing the statute of limitations system for prosecution is to concentrate limited judicial resources on current cases rather than historical cases, which itself has certain rationality.
Lawyer Chen Lei pointed out that it should be noted that some information points in this case have not been disclosed.
For example, the plot and duration of the behavior are not yet clear, so it is impossible to make an accurate judgment on the legality of not filing a case.
However, in reality, public security organs can conduct a certain degree of investigation on the case before filing it.
If it is found that the investigated object has committed multiple criminal acts such as child trafficking, according to the relevant provisions of the Criminal Law on the interruption of the statute of limitations for prosecution: the period for prosecution of the preceding crime shall be calculated from the date of committing the following crime.
This means that if the time limit for the trafficking of children involved in the previous stage will be deemed invalid, then this case may not have exceeded the statute of limitations for prosecution.
Orange Persimmon Interactive noticed that the Niu Yuhang family search incident has also attracted the attention of judicial professionals, exploring the statute of limitations for prosecution in this case.
Some lawyers believe that Niu Yuhang's abduction violates the crime of child trafficking in criminal law.
The crime of trafficking in children belongs to the category of behavioral offenses in the Criminal Law. For behavioral offenses, the statute of limitations for litigation should be calculated from the date of completion of the criminal act.
In the case of Niu Yuhang being abducted, Niu Yuhang has been abducted and sold at least three times, so the statute of limitations for litigation should start when Niu Yuhang is first abducted or kidnapped.
In this case, law enforcement agencies need to verify whether their biological parents have reported the case, which directly affects whether there is a situation where there is no statute of limitations for prosecution, and plays a crucial role in whether this case is filed.
Article 88, Paragraph 1 of the Criminal Law: Those who evade investigation or trial after being filed by the People's Procuratorate, public security organs, or national security organs, or after being accepted by the People's Court, are not subject to the limitation of the prosecution period
The second paragraph stipulates that if the victim makes a complaint within the prosecution period and the people's court, people's procuratorate, or public security organ should file the case but does not file it, it is not subject to the limitation of the prosecution period.
That is to say, if in the case of Niu Yuhang's abduction, his biological parents have evaded investigation or trial after being investigated or accepted by judicial authorities; If the victim makes a complaint within the prosecution period and the judicial authority should file the case but does not file it, the case is not subject to the limitation of the prosecution period.
No matter how long the evasion state lasts, or how long the state that should be filed but not filed lasts, the criminals in this case can be prosecuted.
In addition, Niu Yuhang can demand that traffickers bear civil compensation liability in criminal incidental civil litigation.
If the case cannot be criminally filed, Niu Yuhang can also file a separate civil lawsuit against the trafficker.
Orange and Persimmon Interactive · Urban Express Reporter Cheng Xiaolong
