The case of beating up women in Tangshan is becoming more and more complicated!

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Original: yinguoming source wechat official account: Mingren Mingcha has been authorized to reprint

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The beating of a woman in a Tangshan barbecue shop caused the public’s concern and indignation because of the vicious nature of the criminals. Tangshan police reported on the afternoon of the 11th that all nine people involved in the case had been brought to justice.

Their process of bringing the case to justice is roughly as follows:

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This criminal case of public concern has been designated by the Public Security Department of Hebei Province to be investigated and handled by Guangyang branch of Langfang Public Security Bureau. The designated investigation of criminal cases across prefecture level cities shows that this case is not as simple as the ordinary provocative crime.

With the joint efforts of angry netizens, some members of the criminals were arrested. These people are very consistent with the characteristics of organized crime involving gangs and evil. No wonder these assailants are fierce, skillful and tacit in the process of beating others violently.

This shows that in some places, there are dead ends and fish in the net.

Several names of the criminals appeared in the case of december13,2015 published by the Meipian account “Lubei patrol control”:

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According to the information released by “Lubei patrol control”, some members of the violent criminal gang have committed evil since at least seven years ago. They not only violently beat others, causing sunken frontal bones, comminuted fractures, contusion and laceration of brain tissue, and comminuted fractures of ulna, but also locked the victims in the trunk of the car for 10 hours. The names of Liu Tao and chenjizhi, who beat up and illegally detained others, also appeared in the nine criminals arrested in the case of beating women in Tangshan barbecue shop, and the beating place was also selected in the factory yard of chenmouzhi, the principal offender of the case.

Seven years later, these people appeared in the barbecue shop where the beating occurred. There is reason to suspect that they have the characteristics of Mafia related organized crime.

They managed to survive the three-year national anti Mafia and anti evil campaign that began in January 2018. This campaign has achieved remarkable results in many places. As far as I know, the eradication of criminal syndicates and evil forces in Shenzhen is quite thorough. According to the summary issued by the national special struggle against Mafia and evil on March 29, 2021, since the launch of the special struggle, 3644 Mafia related organizations have been eliminated nationwide, 1.3 times the total of the previous 10 years; 11675 criminal groups involved in evil activities were eliminated; In the first instance, the national courts adjudicated 32900 criminal cases involving Mafia and evil and 225500 people, and Mafia and evil crimes have been fundamentally curbed.

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Netizens found the ruling of the second instance of the intentional injury case on December 13, 2015. After reading it, I was very shocked because there were several incredible places:

1. In the fact finding part of the ruling, it was actually written that “the defendant Liu Tao collaborated with others (the identity has not been identified)”. It has been more than three years since the crime was committed. The main murderer has been brought to justice. The procedures have all gone to the second instance of the court. It is strange that the identity of the accomplice has not been identified. The case is not complicated. Is it so difficult to find out the identity of the accomplice?

2. For the cases occurred in december2015, the first instance judgment was not made until december2018. For the criminal cases with uncomplicated circumstances, it has been three years since the victim reported the case, which is very abnormal.

The victim Shang suffered from frontal depression, comminuted fracture, contusion and laceration of brain tissue, and comminuted fracture of ulna. The injury was identified as grade I minor injury. Liu Tao, as the defendant (the identity of other accomplices has not been identified), was sentenced to two years and one month in prison.

From the court documents of this case, it is not difficult to find the clues that these people are still so bold and aggressive today.

The clues provided by this ruling are not limited to the above. The words “chenmouzhi (criminal detention at large)” tell us that chenmouzhi, the criminal in the case of beating women in Tangshan barbecue shop, also has a criminal record.

Netizens picked up more information about Chen: born on November 29th, 1980, Han nationality, living in Lunan District, Tangshan city. The legal representative, manager and executive director of a Hong aquatic product breeding Co., Ltd. in Tangshan, and the supervisor of a customs culture media Co., Ltd. in Tangshan. Involving the case of illegal detention in december2015 (criminal detention at large), the case of traffic accident and escape in 2017, being listed as a dishonest executor and restricting high consumption in 2018, involving unjust enrichment litigation in 2019, and being listed as a dishonest executor again in 2020.

What makes many netizens feel that it is not simple is that this “criminal detention at large” chenmouzhi actually filed an appeal to Tangshan intermediate people’s court during the “fugitive” period. “Appellant (defendant of the original trial): chenjizhi, male, born on November 29, 1980, Han nationality, registered residence is located in Tangshan City, Hebei Province, and now lives in Tangshan City, Hebei Province.” “The appellant chenjizhi and the appellee sunshiyong, the defendants of the original trial, Liu Tao, Zhu Bo and Taishan Property Insurance Co., Ltd., refused to accept the civil judgment (2017) Ji 0203 min Chu No. 1294 of the people’s Court of Lubei District, Tangshan City, Hebei Province, and appealed to this court.” (see the civil ruling of the second instance on the liability dispute over motor vehicle traffic accidents between Chen mouzhi, sunshiyong, Liu Tao, etc.).

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Liu Tao is not simple either. On december12,2015, the victim was also illegally detained in the case of minor injury caused by intentional injury together with others, and was not detained until march2018. At 22:00 p.m. on February 14, 2017, Liu Tao drove a vehicle bought by Chen mouzhi from others without a license, speeding, resulting in a serious traffic accident in which eight vehicles collided. “After a road traffic accident, the defendant Liu Tao abandoned his car and fled the scene.” Take full responsibility for the accident. The victim of this traffic accident has not received actual compensation, and the actual owner Chen mouzhi has not fulfilled the compensation obligation of the judgment document.

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Many people are concerned about what kind of punishment these criminals will receive (if, in strict accordance with the provisions of the current criminal procedure law, the suspected criminals in criminal cases are called “suspect” from the time of filing the case for investigation to the time of initiating public prosecution; they are called “defendants” from the time of initiating public prosecution to the time of pronouncing the judgment; they can be called “criminals” only after the judgment of determining the defendant’s guilt is pronounced)?

The first is how to determine the nature of their criminal acts. According to the current preliminary public facts of the case, it is generally the first to think of two charges.

First, the crime of provocation stipulated in article 293 of the criminal law, which stipulates:

Whoever commits one of the following acts of provocation and disturbance, thus disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) beating another person at will, if the circumstances are flagrant.

Whoever commits a crime of making trouble shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. However, whoever assembles others to commit the acts mentioned in the preceding paragraph for many times, thereby seriously disrupting public 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 case obviously conforms to the first condition of article 293 of the criminal law: beating others at will, and the circumstances are abominable.

Article 2 of the interpretation of the Supreme People’s court and the Supreme People’s Procuratorate on Several Issues concerning the application of law in handling criminal cases of provocation and trouble making details the criteria for determining “bad circumstances”:

Beating another person at will and disrupting social order shall be deemed as “flagrant” under Item 1, paragraph 1, article 293 of the criminal law if one of the following circumstances occurs:

?1? Causing one or more minor injuries or two or more minor injuries;

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?6? Beating others at random in public places, causing serious disorder in public places;

?7? Other abominable circumstances.

What kind of injury does the victim of this case belong to? It is also necessary to conduct forensic identification according to the standard for identification of serious injuries and the standard for identification of minor injuries.

According to the report of Tangshan police, the case was first determined by making trouble and beating others.

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The second charge is the crime of intentional injury in Article 234 of the criminal law: Whoever intentionally injures another person’s body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death to a person or causes serious injury to a person by especially cruel means, thereby causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, such provisions shall prevail.

Although both the crime of intentional injury and the crime of affray by beating others have committed acts of beating others and causing injuries, there are still differences. See the differences from two aspects:

The difference of subjective intention: the crime of provocation shows obvious “randomness” in the cause and object of injury. The cause and object of intentional injury crime are more specific. The general situation in judicial practice is that the crime of intentional injury is constituted only when the injury result is more than minor injury, and minor injury is not recognized as the crime of intentional injury (some people also believe that the crime of intentional injury can also be recognized if there are other serious circumstances when the standard of minor injury is not met, but this is a special rather than a general case). However, it constitutes a crime to provoke trouble and cause “minor injury to more than one person or minor injury to more than two persons”.

According to Article 7 of the interpretation of the Supreme People’s court and the Supreme People’s Procuratorate on Several Issues concerning the application of law in handling criminal cases of provocation, if the act of provocation meets the constitutive requirements of the crime of provocation and intentional injury, the offender shall be convicted and punished according to the crime with a heavier punishment.

If the victim is slightly injured, he will be convicted and sentenced according to the crime of provocation. The reasons have been analyzed above.

If serious injury or death is caused to the victim, the victim shall be convicted and sentenced according to the crime of intentional injury: serious injury for more than three years and less than ten years. Whoever causes death to a person or causes serious injury to a person by especially cruel means, thereby causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

If minor injury is constituted, the punishment for the crime of intentional injury is not more than three years, criminal detention or public surveillance, while the punishment for the crime of provocation is not more than five years of fixed-term imprisonment, criminal detention or public surveillance. Obviously, the upper limit of sentencing for the crime of provocation is higher than that for the crime of intentional injury. Generally, it is applicable to the conviction and sentencing of the crime of affray, and the statutory punishment of the crime of affray can cover the punishment of intentional injury causing minor injury, which will not lead to the neglect of criminals.

As for those who cause minor injuries, what is the specific term of imprisonment? The revised Guiding Opinions on sentencing of the people’s Court issued by the Supreme People’s court in 2017 guides local courts to try criminal cases of provocation: 1) for those who cause provocation once, the starting point of sentencing can be determined within the range of fixed-term imprisonment and criminal detention of less than three years. (2) If a person gathers another person to stir up trouble three times (each time constituting a crime) and seriously undermines social order, the starting point of sentencing may be determined within the range of five to seven years’ fixed-term imprisonment.

Here, there is another aggravating circumstance of the crime of making trouble, that is, those who mobilize others to make trouble for many times and seriously undermine 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. In the video, the criminal acts of these women beating criminals are so skillful and fierce that they point to the victims’ vital points. Obviously, they are not novices. If it is verified that it has repeatedly provoked disturbances, it may be sentenced to a maximum of 10 years’ imprisonment.

When more than one person commits a crime together, it is generally necessary to distinguish each person’s status, role in the crime and the severity of the specific circumstances, and the sentencing is different. Considering the adverse impact of this case, if the principal offender is convicted and sentenced according to provocation, the probability of being sentenced to 10-year benchmark sentence is relatively high. An accomplice in a general joint crime who plays a minor role shall be given a 50% lighter punishment than the principal offender; 25% of the light part has greater effect;

Because the criminal has a criminal record, taking into account the nature of the criminal record, the length of time interval, the number of times, the severity of punishment and other circumstances, the base punishment can be increased by less than 10%. According to the 10% increase, the principal offender’s sentence is 11 years. As long as he has committed a crime, even if he has a criminal record, whether he was an adult at the time of the crime, whether he was intentional or negligent, whether he was punished or not, and what kind of punishment.

For recidivists, the nature of the previous and subsequent crimes, the length of time from the completion of the punishment or pardon to the recidivism and the severity of the previous and subsequent crimes will be comprehensively considered, and the base punishment will be increased by 10%-40%, that is, by 1-4 years. Recidivism refers to a criminal who is sentenced to fixed-term imprisonment or more and commits a crime that should be sentenced to fixed-term imprisonment or more within five years after the execution of the punishment or pardon. The characteristics of recidivism: 1. Both the former crime and the latter crime must be intentional crimes; 2. The former crime and the latter crime must both be crimes sentenced to fixed-term imprisonment or more; 3. A criminal must have reached the age of 18 at the time of committing both the former and the latter crimes. 4. The subsequent crime must occur within five years after the execution of the punishment for the previous crime or after the pardon.

Liu Tao, the criminal in this case, is a recidivist. Chen Zhiqian’s case belongs to “at large” and escaped punishment. This time, it should also be taken into account.

If this case causes serious injury to a person, it constitutes the crime of intentional injury. According to the revised guiding opinions of the people’s Court on sentencing, if intentional injury causes serious injury to a person, the starting point of sentencing can be determined within the range of three to five years of fixed-term imprisonment; If a person intentionally injures another person by particularly cruel means, thereby causing a serious disability of level 6, the starting point of sentencing may be determined within the range of 10 to 13 years of fixed-term imprisonment. Except those who should be sentenced to life imprisonment or more according to law.

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If criminals have the characteristics of local evil forces, they will be punished more severely in terms of sentencing. According to the guiding opinions of the Supreme People’s court, the Supreme People’s Procuratorate, the Ministry of public security and the Ministry of justice on Several Issues concerning the handling of criminal cases committed by Mafia and evil forces, evil forces refer to those who often gather together to commit many illegal and criminal activities in a certain region or industry by means of violence, threat or other means, commit evil, bully the people, disrupt the order of economic and social life, and cause relatively bad social impact, However, it has not yet formed an illegal and criminal organization with the nature of a criminal organization. Generally, evil forces are more than three people, and those who gather are relatively fixed.

Evil force criminal groups are evil force criminal organizations that meet the legal requirements of criminal groups. Their characteristics are as follows: there are more than three organization members, there are obvious ringleaders, the important members are relatively fixed, and the organization members often gather together to jointly and deliberately carry out criminal activities or other criminal activities habitually carried out by evil forces for more than three times.

When handling criminal cases committed by evil forces, public security organs, people’s procuratorates and people’s courts shall, in accordance with the above provisions, distinguish them from ordinary criminal cases, make full use of the provisions of the general provisions of the criminal law on joint crimes and criminal groups, and severely punish them according to law.

If a criminal is a crime committed by a criminal organization and is convicted and sentenced in accordance with Article 294 of the criminal law for the crime of organizing, leading and participating in a criminal organization, it will be even more serious in terms of conviction and sentencing. Whoever organizes or leads an organization of the nature of an underworld shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be sentenced to confiscation of property; Those who take an active part in it 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 sentenced to confiscation of 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 also be fined. Whoever commits this crime and commits other criminal acts shall be punished in accordance with the provisions on combined punishment for several crimes.

Underworld organizations should have the following characteristics at the same time:

?1? Form a relatively stable criminal organization with a large number of people, clear organizers and leaders, and basically fixed backbone members;

?2? To obtain economic benefits through organized illegal and criminal activities or other means, and have certain economic strength to support the activities of the organization;

?3? Using violence, threats or other means to carry out organized and repeated illegal and criminal activities, committing crimes, bullying and harming the masses;

?4? By carrying out illegal and criminal activities, or by taking advantage of the protection or connivance of state functionaries to dominate one party, illegal control or significant influence will be formed in a certain region or industry, seriously undermining the order of economic and social life.

These four characteristics are called “organizational characteristics”, “economic characteristics”, “behavioral characteristics” and “hazardous characteristics” respectively.

According to the criminal acts of the criminals and their arrogance, they are very likely to be evil force criminal groups or underworld organizations.

The case was assigned to the Langfang public security organ for investigation, which has released an unusual signal of the case. The investigation of the criminal organization crimes committed by Liu Han and Liu Wei in Sichuan Province was designated in different places, investigated by the public security organ of Hubei Province, and finally tried in the intermediate people’s Court of Xianning City, Hubei Province.

The owner of a cake shop in Tangshan City exposed an underworld gang composed of people released after serving their sentences through video real names. He said that since July, 2021, the gang has been extorting money from him, violently smashing his cake shop and closing it. The man’s video also provided threatening recordings. The gang is extremely arrogant: “now I tell you, you can’t open this shop from now on.” “Your door is locked inside, and you can’t even get out.” “I don’t know what will happen later.” “I don’t know what measures to take.” “you can find a lawyer at will.” “you can report at 110” is to beat you once you see you. “

According to the man, although the police had been called, they had not been dealt with. This shows that the local black and evil forces are not generally rampant.

I believe that this case, which has aroused the indignation of the people throughout the country, will be severely punished. If the umbrella is involved, it will not escape legal sanctions this time. The whole people, men and women alike, share a common hatred for this case. They should pay attention to the black and evil forces and whether there is a protective umbrella. Don’t be led to other topics.

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