Original title: All 9 people were brought to justice, and the “leader” of the Tangshan beating case was full of bad behavior, or constituted a malicious force
All 9 people brought to justice
Text / Chen Weijing
On the afternoon of June 11, with the assistance of the Jiangsu police, the Tangshan police arrested Shen Moujun, the last person involved in the case of picking quarrels and violently beating others in a barbecue restaurant. So far, all nine persons involved in the case have been brought to justice.
This was a simple late-night dinner. However, a man harassed and beat one of the four women who were dining, and then several of the man’s companions rushed into the store and beat the victim. In the police report, it was “a case of “picking quarrels and provoking trouble and violently beating others”.
Currently, the case is under further investigation. According to the Qichacha platform, one of the main suspects, Chen Mouzhi, has a lot of bad behavior and has been restricted from “high consumption” many times, also known as “Lao Lai”. The local women’s federation responded that the two women had already sought medical treatment and their lives were not in danger.
A number of lawyers told China News Weekly that the circumstances of the case are vile and may be involved in various crimes, and there are serious circumstances in terms of sentencing standards. In addition to investigating this incident, it is also necessary to investigate whether there are other criminal facts in the past.
In addition, the store also has certain security obligations for consumers. There were also many customers in the store at that time. If more people came forward, the situation might change.
“Head pickers” have a bad track record
Involved in 7 judicial cases
The incident happened at around 2:40 a.m. on June 10, in a barbecue restaurant on Airport Road, Tangshan City.
The suspects attacked fiercely, and the entire conflict lasted about 3 minutes.
Surveillance video shows that in the barbecue shop, a man dressed in green walked towards the four people who were dining, suspected of harassing a woman dressed in white. The man had an obscene act of reaching out and touching the woman. After being rejected, he slapped the woman, and the woman resisted. Subsequently, a conflict broke out, and several other men rushed into the store and started beating. The black-clothed woman walking with the white-clothed woman was knocked to the ground. The white-clothed woman was beaten repeatedly, pulled out of the store by her hair, and kicked on the head and face. Witnesses said in an interview with the media that several men ran away after hitting people.
Once the video was exposed, it immediately aroused public concern. On the afternoon of the 10th, the Tangshan Road North Police reported that the suspect had been locked and was making every effort to arrest him. That night, two main suspects were taken into criminal custody. The police also said that the two injured women are currently receiving treatment in the hospital, and their injuries are stable and non-life-threatening; the other two women have minor injuries and have not been hospitalized.
The police arrested overnight, and by the afternoon of the 11th, all nine persons involved in the case had been brought to justice.
Local citizens reported that one of the main suspects disclosed by the police, Chen Mouzhi, the above-mentioned man in green, was the owner of a local aquaculture company. The Qichacha platform showed that Chen Mouzhi was involved in 7 judicial cases, listed as a dishonest person to be executed many times, and was restricted from high consumption, also known as “Lao Lai”. The causes of the cases included disputes over unjust enrichment and motor vehicle traffic accidents. responsibility.
In addition, the China Judgment Documents website shows that Chen Mouzhi once provided a detention residence for a person involved in the crime of intentional injury. In the second-instance ruling of the case dated March 2019, Chen Mouzhi was marked as a fugitive from criminal detention. However, the follow-up details were not disclosed on the document online. The above-mentioned person involved, named Liu, was sentenced to two years and one month in prison. He has the same name as the other main suspect in the case, named Liu, identified by local citizens. The information has not been confirmed by the police.
Just on June 8, Tangshan City just held a meeting of the leading group of the city’s anti-criminal struggle. In addition, according to the “Tangshan Labor Daily” on the 11th, on the evening of June 10, Wu Weidong, secretary of the Tangshan Municipal Party Committee and commander-in-chief of the Municipal Epidemic Prevention and Control Headquarters, presided over the meeting of the city’s Epidemic Prevention and Control Headquarters and the key work scheduling meeting. The meeting emphasized that it is necessary to comprehensively strengthen the comprehensive management of social security, improve the flat and normalized emergency command system, promote the integration of public security and police forces into the grass-roots grid system, severely crack down on various illegal and criminal acts, promote the construction of a safe Tangshan, and effectively maintain the overall social stability.
The meeting emphasized that the underworld forces, a social cancer that the people detested deeply, should be thoroughly eradicated, and the vicious incidents of picking quarrels, provoking trouble and violent beatings in barbecue restaurants should be strictly punished in accordance with the law. The struggle “looks back”.
If seriously injured
Doers get up to ten years in prison
The case is seen as a challenge to the bottom line of public safety. From a legal point of view, what kind of crimes may the nine people involved in the case involve, and what are the sentencing standards? Will it be identified as a gang of evil forces?
“They didn’t recruit you, they didn’t provoke you, you go to strike up a conversation, they don’t want to talk to you, or they don’t want to do something according to your wishes, they beat you. After all, this is in a public place, although it is at night, but It’s okay to say it in broad daylight.” Fan Chen, a lawyer from Beijing Jingshi Law Firm, told China News Weekly that in sentencing, causing bad social impact is an aggravating circumstance.
“According to the legal interpretation, this is a typical case of hooligans who failed to molest a woman and beat her in anger. The cause of the incident was the lewd behavior of the man in green touching the back of the woman in white. This is not a common approach. The woman in white resists, the woman in black resists. The rescue is self-defense. The men in patterned clothes, the men in green clothes and their accomplices beat women at will, causing trouble, which is an act of picking quarrels and provoking trouble.” said Ding Jinkun, a lawyer at Shanghai Dabang Law Firm.
Regarding the laws that several men involved in the case may touch, Ding Jinkun introduced that the first is indecent assault, which should be punished by public security, and may be detained for up to 15 days depending on the situation; According to the “Criminal Law”, whoever gathers others to repeatedly commit acts of picking quarrels and provoking trouble, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and may also be fined; the crime of intentional injury. If the woman in white is severely injured, the act constitutes a more serious crime of intentional injury, and the maximum sentence is ten years.
There is a view that if the woman in white’s injury is identified as not a minor injury of level 2 or above, the suspect may only face administrative detention for 10 to 15 days.
In September 2020, a 25-year-old girl in Taizhou, Zhejiang was harassed by several men while eating a late-night snack, beaten into a coma, and was hospitalized for 15 days. However, due to the identification of minor injuries, several men do not need to bear criminal responsibility.
In Fan Chen’s view, if this matter does not ferment, some people will act as protective umbrellas, and it is possible for such a thing to happen, “This group of people is doing nothing but beating people in broad daylight, even if the victim is slightly injured, the behavior of this group of people is not enough. It may constitute the crime of picking quarrels and provoking trouble.”
Judging from the current disclosure, many people involved in the case are suspected of causing trouble after drinking. However, from the legal point of view, drunkenness is not a statutory circumstance for a lighter or mitigating punishment. Xiao Zhi’e, director of the Criminal Department of Beijing Huatian Law Firm, told China News Weekly that drinking behavior has little impact on sentencing, and will not be reduced or aggravated because of drinking. performance and so on.
Except for this event
Investigate past crimes
Many people were involved in the case, and the methods were cruel. After the incident, many netizens still doubted whether the people involved were a gang of evil forces.
Xiao Zhi’e introduced that the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice “Guiding Opinions on Several Issues Concerning the Handling of Criminal Cases by Underworld Forces” stipulates that organizations with the following circumstances should be identified as “evil forces”: At the same time, by violence, threats or other means, they have repeatedly carried out illegal and criminal activities in a certain area or industry to do evil, oppress the people, disrupt the order of economic and social life, and cause relatively bad social impact, but have not yet formed a triad organization. illegal criminal organizations.
According to the regulations, there are generally three or more evil forces, and the gatherers are relatively fixed. The main illegal and criminal activities are forced trading, intentional injury, illegal detention, extortion, intentional destruction of property, gathering of people to fight, picking quarrels and provoking trouble, etc. Casinos, organized prostitution, forced prostitution, drug trafficking, drug transport, drug manufacturing, robbery, looting, gathering to disrupt social order, gathering to disrupt public order, traffic order, and gathering to “smash, smash, and loot”, etc.
“Whether the nine people involved constitute a malicious force, in addition to investigating this incident, it is also necessary to investigate whether there are other illegal and criminal facts in the past. If there is, and it meets the requirements of the evil force, it may constitute a malicious force.” Xiao Zhi’e said.
Ding Jinkun also said that the resistance of the woman in white, the rescue of the woman in black, and the bravery of the woman outside the door are all legitimate defenses. “The impact of this case is very bad, and it makes people feel insecure. The woman was eating well, was molested, and after resisting, she was surrounded and beaten. All of this happened in public. This group of hooligans was in public, molested at will, and ganged up to beat the woman. Unbridled and lawless.”
In Fan Chen’s view, the store also has certain security obligations for consumers. In addition, there were many customers in the store at the time. If more people came forward, the situation might change. “At that time, these suspects did not have any murder weapons in their hands. If they had knives, it might be dangerous for ordinary people to stop them, so I think it is possible to stop this illegal and criminal activity.”