Jimu News reporter Liu Yurui Yao Yun Li Xiancheng
On June 10, after a woman in Tangshan, Hebei refused to be harassed by men in a barbecue restaurant, she was beaten by many people, which aroused public attention.
At present, with all nine suspects brought to justice, questions such as how to identify the injured woman’s injuries, what punishment the suspect should receive, and when the police will release the investigation results have become the focus of netizens’ attention.
At the same time, Tangshan, which is in the whirlpool of public opinion, held three meetings in three days to express its position, and at the same time launched a special campaign to rectify the “Thunder Storm”.
The local official said that the violent beatings have smeared this heroic city, and the keen attention of the general public is a strong supervision and encouragement for the city’s work.
Tangshan, how to get out of the whirlpool “scraping bone to cure poison”?
Surveillance video of the crime scene
Focus one:
How to identify the injured woman’s injury?
How to identify the injured woman’s injury is one of the concerns of netizens.
According to Phoenix.com, the Affiliated Hospital of North China University of Technology responded that the woman injured in the gang fight in Tangshan had been treated in the department of stomatology and is currently undergoing active treatment.
Tianmu News reported that when the reporter visited the hospital on the afternoon of the 13th, the staff said that the two women who were beaten and hospitalized were no longer in the intensive care unit and had been transferred to the general ward.
On June 12, lawyer Zhang Yong, founder of Medical Law Center, told the Health Times reporter that the injury identification can be roughly divided into two steps. First, after the incident, the primary injury and complications of the injured can be assessed. Identification, such as facial injury, wound length, tooth loss; second, for the injury of the injured person’s appearance and tissue and organ dysfunction, the injury identification can be carried out 90 days after the date of injury.
Zhang Yong introduced that the injury identification of traumatic and primary injuries can be done after the injury, and the injury inspection can be carried out in the hospital. The injury identification is entrusted by the case handling agency. Let the injured do injury identification, divided into minor injuries, minor injuries, serious injuries. In public security cases, the identification of injury is the basic evidence to investigate the criminal responsibility of the victim. If the victim constitutes more than a minor injury, it is a criminal case of the crime of intentional injury.
“In the video, it can be seen that the perpetrator’s methods are particularly cruel, and the woman’s face is severely beaten. Some identifications cannot be done immediately. If the organ function is damaged, such as organ damage, blindness, and appearance damage, it usually costs 90%. After the day, the injury appraisal will be done again, which is based on appearance damage or tissue and organ dysfunction as the main appraisal basis.” Zhang Yong mentioned that after the treatment is over, the disability appraisal can be carried out in time. If there is a serious injury and constitutes a serious disability, the criminal responsibility of the perpetrator can be investigated under the provisions of the crime of intentional injury and serious injury, and the perpetrator can be sentenced to more than 10 years in prison.
Lawyer Chen Liang of Hubei Haolu Law Firm said that the identification of injuries is generally issued by the police with a letter of entrustment and conducted by the Forensic Forensic Institute. crime. In this case, the crime of picking quarrels and provoking trouble is suspected. The victim may file a criminal incidental civil case during the criminal trial, and request civil compensation at the same time as the criminal trial. The scope of compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, and food subsidies. Fees, nutrition fees, etc., the court will make a trial judgment together.
Focus two:
What is the punishment for the perpetrator?
Chai Xin, a lawyer from Beijing Dacheng (Wuhan) Law Firm, said that this case is a joint crime involving multiple people. The perpetrator’s behavior is suspected of constituting the crime of picking quarrels and provoking trouble and the crime of intentional injury. According to the provisions of Article 234 of the “Criminal Law”, those who intentionally injure others to the extent of minor injuries are generally sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. At the same time, Article 293 of the “Criminal Law” stipulates that those who beat others at will in public places and the circumstances are serious can also be investigated for criminal responsibility for the crime of picking quarrels and provoking trouble. The crime of picking quarrels and provoking trouble is generally sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
As for how to send the sentence, lawyer Chai Xin said that if the girl who was beaten did not constitute a minor injury after a professional organization, the perpetrators could be held legally responsible for the crime of picking quarrels and provoking trouble; if the girl who was beaten constituted a minor injury but not a serious injury , the maximum sentence of three years for the crime of intentional injury; but five years for the crime of picking quarrels and provoking trouble. If the girl being beaten constitutes serious injury, the sentence for intentional injury can be up to ten years.
Chai Xin also said that if the perpetrator belongs to the triad after investigation by the relevant local authorities, he can be punished for several crimes. According to Article 294 of the Criminal Law, whoever organizes or leads an organization of a gangland nature shall be sentenced to fixed-term imprisonment of not less than seven years and confiscation of property; those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and may also be fined or confiscated. property; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and may concurrently be fined.
Focus three:
When will the results of the investigation of the incident be released?
On June 11, the Lubei Branch of the Tangshan Public Security Bureau issued a police report saying that, with the assistance of the Jiangsu police, the Tangshan police will arrest 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. The case is under further investigation.
On the morning of June 12, the Langfang Public Security Bureau announced that, with the approval of the Guangyang District People’s Procuratorate of Langfang City, nine suspects including Chen Jizhi had been arrested by the Guangyang Branch of the Langfang Public Security Bureau.
Some netizens said that the speed of approving and arresting the beating incident in the barbecue restaurant was very fast, and they were concerned about when the final investigation results of the incident would be announced.
Lawyer Chen Liang of Hubei Haolu Law Firm said that the police are an investigative agency and need to collect surveillance, interrogate criminal suspects, question witnesses, inquire about personal information, make case files, and draft prosecution opinions. According to the “Criminal Procedure Law of the People’s Republic of China”, the period of investigation and detention after the arrest of a criminal suspect shall not exceed two months. Cases with complicated circumstances that cannot be closed after the expiration of the time limit may be extended for one month with the approval of the people’s procuratorate at the next higher level. Although there are other situations that can be extended, according to the statement of the relevant units to deal with it quickly, the investigation should be terminated within the above-mentioned period.
Some university law professors said that extra-large cases and cases with more severe impact will be handled quickly and the relevant results will be announced as soon as possible. He expects that the results of the beating incident at the barbecue restaurant will be announced soon after the investigation is clear.
Previously, on June 10, Tangshan City held a meeting, demanding that the barbeque restaurants should be severely punished in accordance with the law for the vicious incidents of picking quarrels and provoking trouble and violently beating others.
Focus four:
Can bone scraping cure poison after “Thunderstorm”?
Since the beating incident, Tangshan, a city that has experienced a magnitude 7.8 earthquake, has been pushed to the forefront of public opinion. For the past three days, Tangshan has continuously made deployments on the work of eliminating gangsters and evil.
On the evening of June 10, Wu Weidong, Secretary of the Tangshan Municipal Party Committee, held a meeting. The meeting emphasized that it is necessary to completely eradicate the underworld forces, and that the vicious incidents of picking quarrels, provoking trouble and violent beatings against others in barbecue restaurants should be severely punished in accordance with the law.
Only one day later, Tangshan City held a meeting again, demanding to maintain a strict crackdown on high-pressure situation in accordance with the law, continue to deepen the comprehensive management of social security, restore justice to the injured, restore public peace, and restore social stability.
At the same time, since June 12, Tangshan has launched a special campaign to rectify the “Thunder Storm” in summer social security in the city, focusing on rectifying illegal and criminal acts such as fighting, picking quarrels and provoking trouble, intentionally hurting women, insulting women, extortion, bullying the market, and forcibly recruiting projects. , forced trading and other illegal and criminal acts, gathering people to gamble, organizing and accommodating prostitution, drug trafficking, theft, robbery, fraud, cybercrime and other illegal and criminal acts, covering up and condoning illegal and criminal acts, dereliction of duty and dereliction of duty.
In the announcement, Tangshan City announced the relevant reporting telephone numbers, mailboxes, and mailboxes.
At the meeting, local officials pointed out that the recent cases of barbecue restaurants picking quarrels, provoking trouble and violently beating others are extremely bad in nature, and have tarnished this heroic city.
Three statements in three days, Tangshan seems to be showing the public the determination of a thorough rectification. But can the above series of measures help Tangshan complete the “scraping bone cure”?
Lu Wengang, president of the Guangdong-Hong Kong-Macao Greater Bay Area Emergency Management Education Promotion Association of Jinan University, said that the first thing Tangshan needs to do is to pay attention to the feedback of the masses. “For example, the mayor’s special line and some other complaint channels, this time, the local area may not pay enough attention.” Lu Wengang said that this is why some citizens complained and reported, but still felt that the incident could not be promoted.
Lu Wengang said that establishing a sound dynamic feedback mechanism is also what Tangshan needs to do. “For the masses, they hope to solve the problem quickly. But for the relevant departments, it takes time to collect evidence and investigate.” Lu Wengang said that the contradiction between the two needs to be reconciled by the dynamic feedback mechanism, and the masses should be informed of the progress of the work in time. .
At the same time, Lu Wengang also believes that there are some objective difficulties in the rectification of Tangshan. “Taking the public security system as an example, each complaint and follow-up requires considerable manpower.” Lu Wengang said that the current political and legal system has very limited manpower. In most cases, the police are in a passive state of receiving the police. “Tangshan still needs a lot of effort to complete the rectification.” Lu Wengang said.
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