Analysis To Crime Of Torture

The problem of torture is historic and realistic. With a series of vicious torture cases occurred frequently, more and more attention of our current society are paid to torture crime. And more and more heated controversy on the torture of crime is appearing In the theoretical circles and judicial practices. For example, the problem whether torture crime is common crime or not, disability or death caused by transformed into a deliberate assault, intentional homicide, as well as the application of penalties for the crime of torture has been the large problems in controversy in judicial practice departments theoretical circles. In this paper, the writer is analyzing and studying the above-mentioned issues beginning with a case in the form of Analysis report, and striving to help the judicial departments for the correct application of torture crimes.The text is divided into six parts, in total of 15,987wordsPart One: The resource of the case. Xu Gengrong, a high school student's death in Shanxi's Public Security Bureau.Part Two: The content of the case. This section introduces the details of the case of the high school student Xu Gengrong's death caused by torture of Public Security Bureau of Danfeng County, as well as the Court's judgments.Part Three: The focus of the case. There are three focuses in This case: (a) whether Yan Yaofeng , the former director of Public Security Bureau of Danfeng County is a common criminal with the police constitute in the crime of torture. (b) whether the torture should be transformed into criminal intentional homicide. (c) whether the penalties were too light for the persons involved in the case of torturePart Four: Disputes and disagreements. This section introduces the different views of the case of the judiciary and legal scholars,Part Five: Theoretical Analysis. In this section, the writer firstly elaborates common crime and the crime of torture, then studies and explores on the crime of torture and common crimes, combined with this case .after study, the author points out that torture becomes a common crime, most of the subjects should have a common intentional torture, and torture of the specific acts, although a small number of the subjects do not have specific torture acts, but if they give the others clear implementation or instigating to take acts of torture ,they can be an accomplice in the crime of torture. whether the leadership are the accomplice of torture depends if they explicitly request the investigators to do torture. Next, the writer elaborates the torture causing death transformed into intentional assault and intentional homicide, combined with the case. Finally, the penalty for the crime of torture is explored.Part Six: Conclusion. The writer believes that Yan Yaofeng, the former director of Public Security Bureau of Danfeng County should not be an accomplice of a common crime of torture, because he did not give the investigators direct orders to do torture .so the court's sentence to him for the crime of his abuse of power is correct. As for the Xu Gengrong's death , can not lead to the transformation of torture, based on the conditions of the existing evidence, according to relevant laws . The sentence to the personnel related is not too light but appropriate, under the existing law. Finally, some recommendations about the conviction and sentence of the crime of torture are provided from the aspects of legislation and judicial...