Basic Information
Chinese name: Gang rape
Full name: turn adultery
Terminology: Legal
Offence: Rape
Justice: Criminal Law
law
Article 236 of the Criminal Law of the People's Republic of China stipulates that a person who commits a crime jointly by two or more persons shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or the death penalty.
Original text of the law:
Article 236 Whoever rapes a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Whoever rapes a young girl under the age of fourteen shall be regarded as rape and shall be severely punished. Whoever rapes a woman or rapes an underage girl shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty under any of the following circumstances: (1) The circumstances of raping a woman or an underage girl are heinous; (2) Those who rape a woman or rape a number of underage girls; ( 3) Rape a woman in public in a public place; (4) Gang rape by two or more people; (5) Serious injury or death of the victim or other serious consequences.
Judicial determination
Paragraph 3 of Article 236 of my country's Criminal Law stipulates that a gang rape of two or more persons shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty. As the plot of rape, although gang rape is never a crime, it is of great significance to sentencing. In practice, there are still many controversies in the determination of the circumstances of gang rape, resulting in different judgment results and affecting the uniformity of the uniform application of the law.
