Recently, the male students of Shanghai Foreign Studies University put taurine effervescent tablets into the female cup, which caused a heated debate. What is taurine effervescent tablets? Is it harmful to human body? What legal responsibility should the boy bear because the girl found out in time that no physical injury was caused? Recently, lawyer Deng Xu of Jiawei law firm was interviewed by Beijing Radio and television station 1039 News Morning Post, and gave a detailed interpretation of this event.
What is the effect of taurine effervescent tablets? Is this a kind of aphrodisiac drug as some netizens say? Some experts said that taurine effervescent tablets contain taurine, caffeine, vitamin b1b2 and other ingredients. It has the functions of relieving fatigue, analgesia and antipyretic, but it is not an aphrodisiac drug.
However, from the legal perspective, if only from the news reports, the boy subjectively had the intention of illegally infringing on the girl, and objectively carried out the "drug delivery" behavior, that is, he had already started the criminal behavior. However, because the "Aphrodisiac" in his opinion does not have the "efficacy" in his opinion, it is the factors other than his will that lead to the failure of the crime. Legally, this is an attempted crime. Deng Xu said that the legal liability for placing foreign objects in the cup is mainly determined by the nature of the foreign objects in the cup and the subjective purpose of the placing behavior.
(picture from the network)
Lawyer dengxu
If the objects such as aphrodisiac and hallucinogens are put in, and the victim is unable to resist, or does not know to resist, so as to commit sexual assault, then it is suspected of rape or forced indecency. If the drug is put in by an anaesthetic, so that the victim can not resist and obtain property, it is suspected of such robbery. If drugs such as heroin and methamphetamine are put in, it may be suspected of forcing others to take drugs.
Generally speaking, it is not a criminal act to put irritants such as mustard and pepper, or some substances that are not enough to endanger human health, just for the motive of mischief. However, if the students who have been tricked are frightened, they may be suspected of violating the public security administration punishment law.
Even if effervescent tablets have no harmful consequences, boys should also bear the responsibility.
Lawyer dengxu
If his purchase of effervescent tablets is for the purpose of committing such acts of rape or forced obscenity against girls, but it is said that the drugs he purchased fail to achieve the effect, then his such acts belong to such acts of attempted crime, and such attempted crimes can be punished with a lighter or mitigated punishment compared with the accomplished crimes.
If it is really this kind of aphrodisiac drug, combined with this other behavior, the boy is more likely to commit rape or forced obscenity. If the perpetrator only tested some functions of the drug this time, then this behavior belongs to the behavior of making conditions for the preparation of tools for crime, which may constitute the preparatory crime of rape or forced indecency.
If the girl is his target, the drug delivery is already a crime, and because the girl found this delivery behavior, this objective reason led to the failure of the crime, it is an attempted crime of rape or forced indecency.
This also sounded an alarm for the e-commerce platform, strengthened the management of illegal acts of businesses, filtered words including aphrodisiac and overpowering drugs through technical means, and intensified the inspection of commodity information released by businesses.
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