Six Questions about “Tangshan Beating Incident”: How to characterize and sentencing? Does the perpetrator have a criminal record? Should bystanders be blamed?

The incident of several men beating up women in a barbecue restaurant in Tangshan, Hebei has aroused great concern. On the afternoon of the 11th, the Lubei Branch of the Tangshan Public Security Bureau issued a notice saying that, following the arrest of 8 persons involved in the case of picking quarrels and provoking trouble and violently beating others in a barbecue restaurant, with the assistance of the Jiangsu police, the Tangshan police took the last person involved in the case. Shen Moujun was captured. So far, all nine persons involved in the case have been brought to justice, and the case is under further investigation. The injured woman is currently in stable condition. On the evening of the 11th, the Guangyang Branch of the Public Security Bureau of Langfang City, Hebei Province issued a notice saying that according to the designated jurisdiction of the Provincial Public Security Department, the case of picking quarrels, provoking trouble and violent beating of others in a barbecue restaurant in Lubei District, Tangshan City was handled by the Langfang City Public Security Bureau Guangyang. Branch investigation.

Regarding whether some of the persons involved have criminal records, a staff member of the Publicity Department of the Tangshan Intermediate Personnel Court responded to a reporter from the Central Broadcasting Network, saying that they had noticed relevant information on the Internet, and whether Liu and others had criminal records is currently under verification.

Question 1: How to characterize the persons involved

The video posted on the Internet shows that a man in black tried to touch the woman’s back when passing by in front of the woman in white, and the woman pushed back with her hand. The man in black immediately slapped the woman with his right hand, and the woman in white stood up to fight back.

Zhou Zhaocheng, a lawyer from Beijing Yifa Law Firm, said that if a man does not know the woman who was beaten, but beats the woman just because she was rejected for her hooliganism, it is a typical case of doing nothing wrong, and it is in line with the situation of “beating others at will” in my country’s criminal law. . The woman in white who was beaten was severely hurt both mentally and physically. Therefore, these men have constituted a “bad situation” as explained by the Supreme People’s Court and the Supreme People’s Procuratorate on picking quarrels and provoking trouble.

Xu Hao, a lawyer from Beijing Jingshi Law Firm, said that from the police report, the police arrested the suspect on the grounds of picking quarrels and provoking trouble and violently beating others. If both the crime of intentional injury and the crime of picking quarrels and provoking trouble are constituted at the same time, according to relevant judicial interpretations, the conviction and punishment will be based on the crime with heavier punishment.

Second question: How will the persons involved be sentenced?

According to the provisions of the Criminal Law, whoever intentionally harms another person’s body, causing minor injury, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; whoever intentionally harms another person’s body, causing serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; causing death or Whoever causes serious injury and disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or the death penalty.

Xu Hao said that a criminal suspect beats others at will in a public place, causing minor injuries to more than one person or minor injuries to two or more people, constitutes the crime of picking quarrels and provoking trouble, and can be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance according to law. If the circumstances are bad, the subjective viciousness is relatively large, and the serious social impact and serious social harm consequences are caused, the punishment shall be heavier.

Xu Hao said that the crime of picking quarrels and provoking trouble can be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance according to law. If the public security organ finds out that a criminal suspect has gathered others to repeatedly commit acts of picking quarrels and provoking trouble, and seriously disrupting social order, the maximum penalty shall be ten years in prison and a fine. According to the judicial interpretation, anyone who beats others at will, disrupts social order, and causes minor injuries to more than one person or minor injuries to two or more persons shall be deemed to be “egregious circumstances” as stipulated in the Criminal Law.

Three questions: Does the perpetrator involved have a criminal record?

Some media have previously reported that the staff of Tangshan City’s Criminal and Evil Reporting Center revealed that at least one of the perpetrators involved in the case had a bad criminal record. At present, the two-level political and legal organs have concentrated their efforts to handle the case and thoroughly investigate and find out the criminal record of the relevant personnel.

According to the China Judgment Documents Network, a second-instance ruling issued by the Tangshan Intermediate People’s Court in 2019 stated that on March 21, 2018, Liu Tao was criminally detained by the Lubei Branch of the Tangshan Public Security Bureau on suspicion of illegal detention. On April 27, 2018, the People’s Procuratorate of Lubei District, Tangshan City approved the arrest on suspicion of intentional injury.

Is Liu, who was arrested for being involved in the case, the same person as Liu Tao in the case published by China Judgment Documents Network? On the afternoon of the 11th, a staff member of the Publicity Department of the Tangshan Intermediate Personnel Court responded to a reporter from the Central Radio Network that they had noticed relevant information on the Internet and are currently checking whether Liu has a criminal record.

Four questions: If the person involved has a criminal record, how will the sentence be sentenced?

Xu Hao said that those with previous convictions may be punished severely if they commit crimes again. A criminal who has been sentenced to fixed-term imprisonment or more, who commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the execution of the sentence is completed or is pardoned is a repeat offender and should be given a heavier punishment. except.

Xu Hao said that the crime of picking quarrels and provoking trouble causing serious social impact will be severely punished within the scope of the law. For example, causing significant public opinion influence and extremely bad social influence is a case of severe punishment, and the specific extent should be defined according to specific evidence and circumstances.

Question 5: What compensation should victims receive?

Xu Hao introduced that in the case of intentional injury, the victim can file a criminal incident with civil compensation and ask the defendant to bear the compensation liability. All material losses suffered by the victim due to the defendant’s criminal act should be included in the compensation in principle, including the victim’s own medical expenses, nutrition expenses, lost work expenses, medical transportation expenses, injury compensation expenses, etc. Including the cost of lost work, accommodation and other expenses due to the necessary companionship.

Six questions: Should bystanders be blamed?

Some netizens discussed that at the scene of the crime, bystander is another form of injury, and called on not to be a bystander. In this regard, a police officer said in an interview with reporters that when encountering vicious criminals committing bad behavior, do not blame bystanders. Ordinary people should protect themselves first, and then think of ways within their ability, such as calling the police in a timely manner within their ability, and collecting evidence by audio and video; if there are ladies or weak people in the company, try to take them out first and then call the police.

Cui Xiangqian, a young scholar of public security in my country, said that in order to minimize or avoid the recurrence of similar cases, in addition to insisting on the normalization of anti-criminal and evil, the local government must strengthen the management and control of social security, and adjust urban street security in a timely manner according to seasonal changes and business development. control measures to effectively prevent and quickly combat street crime. In particular, small restaurants, night market stalls and other “nine small” places that operate overnight services must fulfill the necessary security obligations, ensure the basic safety of the places, actively participate in the prevention and control of social security, and promptly stop and control crimes.

(Original title: Six Questions “Tangshan Beating Incident”: How to characterize and sentence? Does the perpetrator have a criminal record?)