Lawyer Wang Jinfu, a member of Chengdu: What is the nature of the character in the Tangshan beating case?

Editor's note: After the "Tangshan Hitter Incident" occurred, it caused national attention. Although all the people involved in the case have been brought to justice, the topics of the case around this case are still the most concerned by netizens and the public. Member of the Chengdu CPPCC, Deputy Director of the Law Working Committee of the Chengdu Municipal Committee of the Democratic League, Lawyer Wang Jinfu and other lawyers of Sichuan Rongcheng Law Firm, and other lawyers were interviewed by Jianguan journalists, and the nature of people, how to quantify, and correct Defense and off -site investigations have put forward their own opinions and opinions. The following is the full text of the interview:

*What is the nature of playing behavior?

Attorney Zhang Hailiang, a law firm of Beijing Yingke (Chengdu) Law Firm, said that the Tangshan barbecue restaurant has been disseminated from the Internet. The procedure will naturally be fast, and the final examination of the criticism will be further clarified according to the investigation of the public security organs.

From the perspective of the video, many people blatantly provoked and beat others in public places have constituted a crime of provoking trouble. As for whether to investigate criminal responsibility for intentional injury, it will eventually depend on the results of injuries. Will choose a felony crime and punishment.

Lawyer Wang Jinfu, member of the Chengdu CPPCC member, Deputy Director of the Legal Working Committee of the Chengdu Municipal Committee of the Chengdu Municipal Committee, and the executive director of the senior partner of the Sichuan Rongcheng Law Firm, said that according to the current network information, it may be suspected of provoking trouble and intentional injury. Combined, felony is the intention of intentional injury. Of course, the specific characteristics of the public security organs shall prevail.

Wang Yingzhan, a lawyer of the Sichuan Law Firm, said that Article 293 of the Criminal Law has one of the following provocations and destroying social order. 2) Chasing, intercepting, and abusing others, the circumstances are harsh; (3) Forced hard or arbitrarily damaged and occupied public and private property, the circumstances are serious; (4) to make trouble in public places, causing serious chaos in public places. In this incident, the man involved suspected that he could not gather his associates to beat the woman. The circumstances were bad and had been suspected of provoking a crime. Specifically, the men involved in the case could not be provoked after drinking. They randomly beat the victims and their companions, grabbed the victim's hair in public places, dragged from the room to the outdoors, many people participated in violent beating, and some also adopted a beer bottle attack. It causes harm to the physical health of the victims, severely disrupts social order, and is suspected of constituting the crime of provocation.

*How is the sentencing?

Attorney Zhang Hailiang said that from the perspective of torture, the maximum crime of provocation is 5 years, and the crime of intentional injury is determined according to the different results of minor injuries and serious injuries based on the injury identification. year. The suspect constituted a crime of provoking trouble, which is no problem, that is, this would be a charges of pocket. If the event was eventually injured, it would be seriously injured. Comprehensive evaluation is likely to be more than 5 years.

Lawyer Wang Yingzhan stated that according to the criminal law, at the same time, it is in line with the constituent elements of crimes such as provocation and intentional injury. The above ten years of imprisonment, the crime of provocation is generally sentenced to five years in prison.

Lawyer Wang Jinfu said that if it is qualitatively provoked, in accordance with Article 293 of the Criminal Law, it will be sentenced to five years in prison, detention or control; In prison, life, etc.

*Stop violent injury is a legitimate defense

After the "Tangshan Hitter Incident", many netizens questioned: There are so many people at the scene, why are there very few people who help them? If the companion who shot on the scene, would have legal responsibilities if he injured people? What behaviors are the victims legitimate defense?

Lawyer Wang Jinfu, member of the Chengdu CPPCC member, Deputy Director of the Legal Working Committee of the Chengdu Municipal Committee of the Chengdu Municipal Committee, and the senior partner of the Sichuan Rongcheng Law Firm, said that the defense is a act of preventing illegal violations that are stopped by those who are undergoing illegal acts. In order to cause damage to illegal infringement, in order to prevent the public interest, the personal and other rights of others or others from being exempted from being undergoing illegal violations, it is also a legitimate defense to take reasonable defense behaviors and protect the rights of others.

Our public is undergoing violence, killing, robbery, rape, kidnapping, and other severe crimes that seriously endangers personal safety, and adopt defense behaviors to cause illegal injury to casualties.

In the incident, the woman in black in the video was a legitimate defense before being smashed by a beer bottle before being violated. The victim suffered a severe crime of personal safety, and met special defense conditions. When being violent, the victim would not be criminal responsibility if the victim used weapons to kill the perpetrators.

Implementation of legitimate defense is only when illegal infringement is ongoing, can defense behavior be reduced and illegal, and defense behavior is legitimate. According to Article 20 of the Criminal Law of the People's Republic of China: In order to prevent the illegal violations of the country, the public interest, the personal, or other rights of the country, or the personal, property, and other rights of others. What causes damage to illegal infringement is a legitimate defense and is not responsible for criminal responsibility. If it causes damage due to legitimate defense, it will not bear civil liability. According to the law, legitimate defense is neither criminal liability nor civil liability. Therefore, the law cannot be given to illegal. The law encourages citizens to dare to properly defense against illegal behaviors. defensive.

*The case of Tangshan's beating case is why Langfang Public Security Surveys avoids the territory of humanity.

Why occur in Tangshan City, why is the Langfang Public Security Bureau conducting investigations? How is the law stipulated? How does the public security organs consider?

Lawyer Wang Jinfu, member of the Chengdu CPPCC member, Deputy Director of the Legal Working Committee of the Chengdu Municipal Committee of the Chengdu Municipal Committee, and the executive director of the senior partner of the Sichuan Rongcheng Law Firm, stated that the designated case of designated public security investigations should be to avoid the interference of territorial people, and more reflect the case of fairness and justice. Essence According to Article 22 of the Public Security Organization of the Ministry of Public Security of the People's Republic of China No. 159, "Regulations on the Procedure of Criminal Cases of Public Security Organs" "Criminal cases with special circumstances may be assigned jurisdictions by common superior public security organs." In order to more reflect the public and fair treatment of the case, the Hebei Provincial Public Security Department designated by the Langfang Public Security Bureau to investigate the law and respond to public concerns.

Zhang Hailiang, Beijing Yingke (Chengdu) Law Firm, said that in criminal proceedings, the jurisdiction will usually be determined in accordance with factors such as the location and nature of the case. In terms of consideration and adopting the designated jurisdiction, the "Regulations on the Procedure of Criminal Cases in Public Security Organs" have been made in the corresponding institutional arrangements for the designated jurisdiction of the public security organs to handle criminal cases. In order to facilitate investigations and trials, follow -up cases of subsequent cases and court trials can be handled in accordance with relevant judicial regulations.

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