习水8.15案的刑事法分析

Analysis on Criminal Law of August 15 Case in Xishui County

从定性上讲,根据目前披露的案件事实,被告人冯支洋等人嫖宿幼女的行为符合嫖宿幼女罪的构成要件。从程序上讲,习水县人民检察院依法应在法庭审理过程中要求补充侦查,但此补充侦查并非等于或必然引起撤回起诉;习水县人民检察院依法也应将案件移送遵义市人民检察院审查起诉,但这只是无管辖权的下级人民检察院向有管辖权的上级人民检察院所作的案件移送,并非改变级别管辖或提级审理。

According to facts of case revealed at present, from the qualitative analys s, the action that the defendant Fang Zhiyang and other people had sex intercourse with the girls under the age of 14 accords with the requests of crime of having sex intercourse with the girls under the age of 14. Procedurally speaking. Xishui County People＇ s Procuratorate should request supplementary investigation during trial, but the supplementary investigation is not equal to prosecution withdrawal or is not prosecution withdrawal. Xishui County People＇ s Procuratorate should send the ease to Zunyi People＇ s Procuratorate according to law, hut it just is the lower people＇ s procuratorate, who has no jurisdiction, sends the case to the upper people＇ s procuratorate, who has jurisdiction, which is not jurisdiction change or trial by upper people＇ s procuratorate.