Is not a crime that occurred twice a month to other people's cups?

On June 30, some netizens posted the news that a man of a man in the Shanghai Institute of Organicity of the Chinese Academy of Sciences put body liquid to the Girls Cup, which aroused widespread attention. On July 4, according to media reports, the man had been detained by the Shanghai police for suspected provocation.

However, just half a month ago, a girl's coffee cup in Shanghai Foreign Language University was put on the Internet for hot search. Police issued a notice saying that the school's student Yin Moumou admitted to putting taurine pornographic tablets in the Girls Cup. In the end, due to the serious circumstances of Yin Moumou and the influence, the school gave Yin Moumou expelled from school status.

Two times in a month, why is the water cup repeatedly put on foreign bodies? Are you afraid of being punished by law? Yesterday (6), the reporter interviewed Zeng Wenzhong, the director of the Provincial People's Congress and the director of the Management Committee of the Sichuan Ling Linghe Law Firm. What legal consequences would he thoroughly analyze what would be?

The incident reviews two water cups in a month to be invested in foreign objects

On June 30, a netizen posted the news that a man from the Shanghai Institute of Organicity of the Chinese Academy of Sciences after a girl was obscene and put the body fluid in the water cup. According to netizens, this is not the first time the man has made such a move. Prior to this, the man was transferred to the research group where the victim's female classmate was located and conducted some experimental tests. In the meantime, many students found that there were passive traces of things, and the victims found that there were dirty things in the cup. As a result, the classmates of the group installed monitoring in the laboratory.

Once, a girl applied for surveillance after finding a foreign body in her cup. The monitoring clearly photographed the whole process of the man's crime, and he put his body fluid in the girl's cup.

On July 4, according to media reports, the man had been detained by the Shanghai police for suspected provocation. The Chinese Academy of Sciences Shanghai Organic Institute said: "This incident is dealing with seriously, and it will definitely deal with it seriously."

Just half a month ago, a girl's coffee cup in Shanghai Foreign Language University was put on a hot search for foreign objects related topics. The Songjiang Branch of the Shanghai Public Security Bureau issued a police report saying that in response to the unknown thing of others in a girl drink of a girl from Shanghai Foreign Studies University, the Songjiang Public Security Branch immediately set up a special work class to conduct public videos, extract physical certificates, and visited visit. Inquiry and other investigations. After a preliminary investigation, at 12 noon on June 12, the school student Yin Moumou (male, 21 years old) put a foreign body in the school library while the girl left the seat. After the girl drank a sip, she noticed the strange coffee, dumped the remaining coffee, and reported to the school's security department. After inspection by the hospital, no girl's body was abnormal. Police then found Yin Moumou, who admitted to putting half a piece of taurine foaming tablets in the girl coffee cup, which was purchased from the Internet. In the end, due to the serious circumstances of Yin Moumou and the influence, the school gave Yin Moumou expelled from school status, and at the same time, he canceled his qualifications for reserve party members in accordance with party rules and disciplines.

Lawyer

Putting foreign bodies for stimulation or suspected coercive obscenity

"Whether the behavior of putting a foreign body constitutes a crime and what kind of charges that may constitute, to convicted it according to the attributes of the puts and the active pursuit of the actor. Wen Zhong said that although people will unconsciously exclude stools, rogers, semen, and saliva, these substances are actually not threatened to be a threat to personal safety or public safety in most cases. Unless the above substances are contagious or toxic, and under specific environmental conditions, specific people or public safety constitute a potential danger or actual damage. At this time, specific analysis is required.

Zeng Wenzhong told reporters that a man from the University of Foreign Languages ​​from Shanghai Foreign Language puts a taurine fillet in a girl's drink, which is similar to that of the men's cup in the Girls' Cup. It is found that there is no necessary relationship between the improvement or suppression of taurine pads in sexual function. However, if the boy wants to make aphrodisiac drugs, it has the subjective intention of making girls aphrodisiac, but in fact, the drug does not have this function, that is, the merchant false publicity, the actor is deceived by the seller. The behavior of boys' behavior constitutes an attempted crime of rape; if the boy was not for rape at first, but to make the girls ugly in public to achieve the purpose of harming the reputation of the girls, the boy was suspected of forced obscenity and insult.

Zeng Wenzhong said that according to the existing conditions, the low -level and immoral behavior of the men's low -level and immorality of the Chinese Academy of Sciences belongs to a masterpiece, or seeking excitement, excitement, and satisfying his perverted desire. If it is the former, the circumstances will seriously constitute a crime of provocation; if it is the latter, it may constitute the crime of compulsory obscenity and insult.

If you carry the virus with the virus, it will constitute intentional damage

If the men of the Chinese Academy of Sciences suffer from infectious diseases, and clearly know that the body fluids they put in front of the Girls Cup may carry some known viruses that are known through blood, saliva, or other methods, such as Lhasa heat Viruses, mump viruses, chickenpox virus, hepatitis virus, human immune defect virus (HIV) and other viruses. Is the man's behavior that the man placing body fluids in the girl cup is illegal, and what legal liability will he bear?

Zeng Wenzhong believes that the behavior of the man put a foreign body in the water cup of a specific object is not put in a public water container that most people such as water dispensers and drinking pools. The evaluation is inappropriate. "Personally, the man's behavior is suspected of constituting intentional injuries. According to Article 234 of the Criminal Law, those who deliberately hurt others will be sentenced to imprisonment, detention or control of less than 3 years. I don't know if the puts are toxic or constitute a crime of negligence

So, is the dealer's toxic and harmful substance placed on the water cup, and whether the dealers know, will this affect the legal qualitative of the launch behavior?

Zeng Wenzhong explained that in the judicial practice, the determination of crime needs to be comprehensively considered and objective factors, and determined in accordance with the principles of subjective and objective consistency. The so -called principle of consistent and consistent consistent refers to a person who wants to commit a sin subjectively, and objectively implements A crime in order to constitute A crime.

He said that in reality, not all crimes are pure, and often subject objectives will be disturbed by multiple factors, showing inconsistent conditions. If someone wants to commit a sin A subjectively, but objectively implements the crime of B, it is necessary to analyze specific problems and not to generalize that it constitutes B crime. If the perpetrator does not know that the launch is toxic and harmful substances, but it has implemented the launching behavior, which will cause the legal and benefits to be criminal; if there is no adverse consequences, it will not constitute a crime.

related case

In recent years, there have been similar water cups to foreign objects (drugs) incidents.

In early March 2021, the small army (pseudonym) of Fangshan in Beijing purchased hypnotic drugs through QQ and purchased a syringe online. One night in mid -March, Xiaojun went to the residence of the neighbor Xiaoqiang (a pseudonym) to trick Xiaoqiang to drink yogurt injected into the hypnotic drugs, causing his coma. In the case of Xiaoqiang unable to resist, Xiao Jun implemented obscenity against Xiaoqiang by touching his chest and lower body. In the end, the small army was sentenced to 10 months in prison for compulsory obscenity.

In January 2021, Chen Moumei, who had just joined the job, was taken by his boss Peng Mou. After that, Peng Mou used the drug to cause Chen Moumei to be unconscious and wanted to implement rape. As a result, Chen Moumein died of seven fluoride poisoning. In the end, Peng was sentenced to life imprisonment.

In July 2020, when Xiaoxue (pseudonym) dinner with male companion Zhao in a buffet restaurant in Shenzhen, Zhao leaned the table while Xiaoxue left the table and put white powder in the water cup that he was drinking, trying to make him drink and seek excitement. After being discovered by the restaurant employee, he replaced the water cup away in time and informed Xiaoxue, and Xiaoxue immediately called the police. After investigation, the police took criminal detention to Zhao, who were suspected of rape.

Law link

Article 234 of the Criminal Law who deliberately hurts others will be sentenced to imprisonment, detention or control of less than three years.

If the crime of committing the previous paragraph is seriously injured, it will be sentenced to imprisonment of less than three years and less than ten years; if a person dies or causes severe injuries to severe injuries or cause severe disability, it will be sentenced to more than ten years in prison, life imprisonment or death sentence. If there are other regulations in this law, in accordance with regulations.

Article 237 of the Criminal Law who enforces others or insults women with violence, coercion or other methods, shall be sentenced to imprisonment or detention of less than five years.

If you are in public or have a crime in public in public places, or other harsh circumstances will be sentenced to more than five years in prison.

Those who are obscene of children will be imprisoned for less than five years; one of the following circumstances shall be sentenced to more than five years in prison:

(1) There are many people or many times for children;

(2) If you gather children, or have children in public in public places, the circumstances are bad;

(3) What causes children to harm children or other serious consequences;

(4) Wild obscenity means or other harsh plots. Article 293 of the Criminal Law has one of the following provocations and destroying social order, and it will be sentenced to imprisonment, detention or control of less than five years:

(1) Beating others randomly, the circumstances are bad;

(2) Chasing, interception, abuse, and intimidation of others, the plot is bad;

(3) Forcing hard or arbitrarily damage or occupy public and private property, the circumstances are serious;

(4) Caring troubles in public places will cause the order of public places to be seriously chaotic.

If others have implemented the preceding paragraph many times, if they seriously destroy social order, they are imprisoned for five years and less than ten years, and they can be fined.

Sichuan rule of law reporter Zhou Jing

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