On February 19th, a netizen revealed that his girlfriend was molested by a 70 year old landlord in a rented house in Nantong, Jiangsu. The landlord was exempted from administrative detention for 7 days due to being over 70 years old.
More than ten days ago, he and his girlfriend just moved into a rental house there. The landlord involved once sent a message to his girlfriend, asking if she was alone at home, and used the excuse of adding a chair to the rental house to trick her into opening the door and sexually assaulting her.
He said that they are currently discussing settlement issues with the landlord's relatives, and he hopes that the perpetrator can write a handwritten apology letter to apologize to his girlfriend and bear her subsequent psychological treatment costs.
On the evening of February 17th, the landlord involved sexually assaulted the female tenant in their rented house by using methods such as grabbing hands, touching their breasts, etc.
Renowned lawyer Fu Jian, director of Henan Zejin Law Firm, believes that the police's failure to implement administrative detention is based on Article 21 of the Public Security Administration Punishment Law, which stipulates that if a person violates public security administration and falls under any of the following circumstances, administrative detention punishment should be imposed according to this law: (1) those who are over 14 years old but under 16 years old; （2） Those who are over sixteen but under eighteen years old and have violated public security management for the first time; （3） Those over 70 years old; （4） Pregnant or breastfeeding a baby under one year old.
The offender's act of molestation does not constitute a crime and violates the Public Security Administration Punishment Law. He should be subject to administrative detention, but he is over 70 years old and therefore not subject to administrative detention. However, this does not mean that he does not need to bear other legal responsibilities, and may also be fined, warned, and other penalties, "said Lawyer Fu.
Are elderly people over 70 years old exempt from punishment for illegal and criminal activities?
Fu Jian stated that generally speaking, elderly people over 70 years old who commit crimes will not be exempt from criminal punishment. According to the Criminal Law, if a person who has reached the age of 75 intentionally commits a crime, they may be given a lighter or mitigated punishment; Those who commit negligent crimes shall be given a lighter or mitigated punishment.gay massage