On the evening of June 11, the Guangyang Branch of the Public Security Bureau of Langfang City, Hebei Province issued a notice saying that the case of violent beating by a barbecue restaurant in Tangshan City was investigated and handled by the Guangyang Police in Langfang City. The lawyer said that for major and complex cases, the higher-level public security organs can directly handle or designate different jurisdictions.
Upstream News found through keyword searches that different localities often use the method of off-site investigation when dealing with some criminal cases.
Off-site investigations are often used in criminal cases
On August 30, 2020, the Shuozhou City Public Security Bureau of Shanxi Province designated Zhang Pu and other 23 people from the off-site inspection and investigation office of the Huairen City Public Security Bureau to organize, lead, and participate in a triad organization case, and the Shuozhou Intermediate People’s Court held a public hearing in accordance with the law. The case involved 7 crimes including organizing, leading, participating in underworld organizations, gathering a crowd to fight, picking quarrels and provoking trouble, illegal detention, illegal mining, organizing prostitution, and illegal occupation of agricultural land. There were 11 criminal cases, including 10 defendants are involved in organized crime of underworld nature.
Surveillance screenshot of Tangshan barbecue shop violent assault case
In 2018, according to the work deployment of the Guangdong Provincial Public Security Department and the Foshan Public Security Bureau, Chen Kai was in charge of investigating the case of Xie Mouzhong’s extraordinarily large gang-related gang in Shantou. , criminal facts involving private affairs and manipulation of grassroots regimes, and destroying Shantou, a super-large underworld organization that “uses the black to protect the private and the private to support the black” in one fell swoop. His work experience in using the police to destroy gangs and gangs in different places was published by the Anti-gangland Office of the Ministry of Public Security in the form of “experience” and promoted to the whole country.
Since the launch of the special campaign against gangsters and evil, the Public Security Bureau of Hangjinhou Banner, Bayannaoer City, Inner Mongolia Autonomous Region has successfully investigated and handled a number of cases involving gangsters and gangsters, and destroyed a number of gangster-related criminal groups and gangs. Among them, the Hangjinhouqi Public Security Bureau used police from different places to successfully destroy the gangs involved in the crime of Yao Jingyi and others who had been entrenched in Qingshan District, Baotou City for more than ten years.
“Avoidance” indicates the seriousness of the case
Lawyer Chai Xin of Beijing Dacheng (Wuhan) Law Firm said that under normal circumstances, criminal cases are generally under the jurisdiction of the public security organ where the crime occurred, that is, the place where the illegal act occurred. Article 15 stipulates that for major and complex cases, the higher-level public security organs may directly handle or designate jurisdiction. Lawyer Chai Xin said that this case is a major case with social influence. The higher-level public security organ is considering the level of “evading” the public security organ in the place where the incident occurred, and can directly designate jurisdiction. This decision of the Hebei Provincial Public Security Department also shows that the department The case is very concerned and taken seriously.
Xu Hao, a lawyer from Beijing Jingshi Law Firm, introduced that in judicial practice, the system of designating different jurisdictions for criminal investigations is important for the investigation organs to correctly, timely and impartially handle special cases (such as gang-related cases, major duty-related crime cases, etc.), improve litigation efficiency, and improve litigation efficiency. It has played a positive role in increasing the intensity of the fight against crime, protecting the legitimate rights and interests of citizens, realizing judicial justice, and maintaining social harmony.
According to the “Procedural Regulations for the Handling of Criminal Cases by Public Security Organs”, for a case under designated jurisdiction that requires the arrest of a criminal suspect, the public security organ with the designated jurisdiction shall submit it to the people’s procuratorate at the same level for review and approval; The people’s procuratorate at the same level made a review decision. That is to say, after the Tangshan beating case is investigated by the Langfang police, the local procuratorate in Langfang will decide whether to initiate a public prosecution, and the local court in Langfang will accept it.
1. How will the perpetrator be punished?
Lawyer Hu said: It can be seen from the public video that the man in the green jacket touched the girl’s back with his hands, which obviously caused the girl’s displeasure. This behavior alone can be defined as sexual harassment in public places. According to Article 42 of the Administrative Punishment Law, administrative detention of not more than 10 days and a fine of not more than 500 yuan may be imposed.
When the girls resisted after the flirting failed, the man in green took the lead in beating the girls, and the other men in the same group also used fists, wine bottles, stools, etc. to attack the girls indiscriminately without asking for the reason. minute. Then the behavior of the man involved has been suspected of the crime of picking quarrels and provoking trouble. According to Article 293 of the “Criminal Law” on the crime of picking quarrels and provoking trouble, the perpetrators may face criminal penalties of less than five years.
Judging from the information disclosed by the relevant media, the injured girl had several teeth knocked out. Lawyer Hu believes that according to the “Standards for the Assessment of the Degree of Human Injury”, if the girl has two or more teeth knocked out, it will constitute a minor injury, and if more than seven teeth are knocked out, it will constitute a serious injury. From the perspective of criminal law, among the crimes of intentional injury and the crime of picking quarrels and provoking trouble, a crime with a heavier punishment will be chosen to punish the perpetrator. If it is a minor injury, because the punishment for the crime of picking quarrels and provoking trouble is heavier, it will be identified as the crime of picking quarrels and provoking trouble; if it is a serious injury, since the maximum sentence for serious injury can reach the death penalty, the perpetrator may be convicted of the crime of intentional injury.
2. Will the 9 persons involved in the case be punished if they fail to act?
Some of the 9 people present did not do anything. Does it not constitute a crime if they did not do it?
Lawyer Hu said: This is not necessarily, it needs to be determined according to the actual situation. If there is evidence to prove that the relevant parties have frequently and long-term entangled together to commit related criminal acts, then as long as he did not actively prevent other people’s criminal acts in this incident, even if he did not act, he will be punished as a joint crime.
Lawyer Hu added: We also noticed that the beating incident has swept the entire Internet. In the face of the condemnation of the people across the country, the nine suspects showed no remorse, and no one chose to surrender. This also fully shows that the perpetrator’s subjective viciousness is deep, and it will become a heavier punishment in the specific sentencing. If the perpetrators of this incident are identified as evil forces with the further in-depth investigation of the public security organs, they will also be severely punished; if there are other criminal facts in the investigation, which constitute different crimes, they will be punished for several crimes together. .
3. Is the owner of the barbecue restaurant involved in Tangshan wronged?
On June 12, a video of “The Voice of the Owner of the Barbecue Shop involved” was circulated on social platforms. The woman who claimed to be the owner of the barbecue shop involved in Tangshan said in the video that when several women were beaten that day, she participated in the fight and asked others to call the police; the group of people who beat the people threatened her and ran away without paying the bill; she He is also a victim, but was attacked by netizens, “I’m going crazy.”
The full text of the woman’s statement in the video is as follows:
“I am the owner of Tangshan Old Seoul BBQ restaurant. The reason why I posted this video today is because I was attacked by the Internet. Many netizens attacked me, sent WeChat calls, and the phone was overrun, which affected me and could not operate. I have a good life, and now there are quite a few netizens sending flowers to my door. Some netizens say that I don’t have a frame. The woman in black in the video is me. I am an old lady in my 50s and 60s, and I don’t either. It was easy, I tried my best, and I went to fight. Netizens attacked me, and I can’t live anymore. He said that I didn’t call the police. At that time, I was protecting a person in the house. At that time, I didn’t have a mobile phone. I let him (she) ) I called the police. After I called the police and went out, the person who beat me threatened me: I would beat me when I went out. I left before the account was settled. I dared not let him ask for money. Where do I go to speak justice, I am also a victim. Where can I go to tell you the reason for this. Now the store is not open for business. Netizens scolded me and said everything, and the video is all there. I’m about to collapse now, I’m going crazy, I can’t live anymore , where should I go now to reason?”