Experts interpret Tangshan's beating incident: Once the violence is established, the violence i

21st Century Business Herald Reporter Wang Wei Beijing report

In the past few days, Tangshan barbecue restaurants have continued to attract social attention. According to the latest news, since June 12, Tangshan City has launched a special operation of "Thunder Storm" in summer social security rectification in the city. The masses can report on many illegal and criminal acts such as fighting, provocative trouble, intentional injury, insulting women. The 21st Century Economic Herald invites Li Nan, the head of the Criminal Business Department of the Beijing Space Law Firm and a member of the Criminal Law Committee of the Beijing Lawyer Association to hold the liability and sentencing of the violence in this incident, how the victimized women rescue themselves, and the police began special operations against local camps against local camps. What role will the business environment play.

Persons may involve a number of criminal crimes

According to Li Nan, from the current reporting case, first of all, the suspect of the Tangshan beating case is a harassment of the victim after drinking, and he also fights with his companions. Article 293 of the Criminal Law, paragraph 1, "suspected of provoking trouble".

Secondly, the violent beatings of the suspect have the subjective intentional intentional intentional intentional intentional intentional intentional intention, which also objectively causes the results of the damage. Crime.

Lawyer Li Nan said that there is a combination of provocation and intentional injuries. Specifically, the guilty sentence is based on the results of the forensic identification of the victim's injury, and will eventually "choose one to reinstate" and punish.

Finally, according to the clues provided on the Internet, the suspect has the background of "involving blacks and evils". The required organizational characteristics, economic characteristics, behavioral characteristics, and harmful characteristics are likely to be identified as a triad -organized crime. In this case, the crime of crime of crime of crime and crime of crime of triads will be faced with the crime of crime and triad. If you do not have the characteristics of the crime of organizing the crime of the underworld and have the characteristics of evil forces, it will also face the consequences of severe punishment.

According to reports, the criminal suspect had escaped after performing the beatings. Will the behavior cause it to be severely punished? Li Nan said that whether it is a crime of provoking trouble or intentional injury, the escape behavior after the implementation of crime is not the plot of severe punishment.

If there is a beam or involved in the black and involved in evil, it will be punished from heavy punishment

According to Article 65 of the Criminal Law: "Criminals who have been sentenced to punishment above a sentence or above in prison, after the punishment is completed or forgive, the crime of punishment of more than five years shall be sentenced to more than five years. Except for heavy punishment, except for negligent crimes and people under the age of eighteen years old. "Li Nan said, so if the suspect was sentenced to more than a sentence of imprisonment for intentional crimes, he should be sentenced to a term within five years of the punishment. For the crime of punishment above the imprisonment, the court will be punished in accordance with the regulations of the offenders during this sentence.

In addition, Article 66 of the Criminal Law stipulates: "Criminals who endanger national security crimes, terrorist crimes, and underworld organizational crimes, after the punishment is executed or forgive, will commit the above -mentioned type of crime at any time, at any time, at any time. They are all in charge of criminal theory. "Therefore, if the suspect had previously violated the crime of underworld organization, after the punishment was completed, once the criminal act was verified, the crime was suspected of the triads again, then the criminals were not subject to the aforementioned five. Restrictions of the annual period.

Sentencing about crimes involving the nature of the underworld, according to Article 294 of the Criminal Law: "Organization and Leading Organization of the Nagitarian, which is sentenced to more than seven years in prison and confiscated property; actively participating in the participation; actively participating in the participation; , Institute for imprisonment for more than three years, or less than seven years, can be punished or confiscated of property; other participants will be sentenced to three years in prison, detention, control or deprivation of political rights, and can be fined. "Li Nan said that if the criminal suspicion is suspected If people are suspected of criminal crimes of triads, in addition to organizing, leadership, and participation in the underworld in the nature of the triads, they must also be evaluated separately in accordance with the specific criminal acts they implemented, that is, the suspect will bear the punishment of penalties and penalties. result.

It is determined whether to constitute the crime of crime of underworld organization that requires extremely strict conditions. Even if the relevant criminal suspect does not constitute a crime of underworld organizational organization, once it is identified as a crime of evil forces, it will also follow the two highs and two highs. The relevant provisions of the Opinion "Related penalties.

Sentencers may face several crimes and punishment

Since the Tangshan case has happened, it has continued to attract social attention. Many of them are concerned about what kind of criminal liability will these perpetrators face?

Li Nan said that there is a relationship between the crime of provoking trouble and the crime of intentional injuries. The crime of provoking trouble can be applied to the bottom. Specific sentence is determined by the crime of intentional injury or provocation. If the victim's injury is identified as minor injuries or below, then in accordance with relevant laws and regulations, the crime of intentional injury is to face the sentence of less than three years, detention or control. The principle of choosing one emphasis is that the criminal suspect will be punished in accordance with the crime of provoking trouble, and will be sentenced to less than five years of imprisonment. If the victim's injury is identified as a serious injury, according to the principle of choosing a serious choice, the suspect will be convicted and punished in accordance with the crime of intentional injury, and will face a term of imprisonment for more than three years. Once the victim's death occurs, the suspect will face a term of imprisonment, life imprisonment or death sentence of more than ten years. If the suspects have gathered other people to carry out provocative troubles many times and have not been dealt with, the provisions of Article 6 of the "Explanation of Several Issues on Criminal Cases of Provoked Nourishing Criminal Cases" will be faced in accordance with the "Explanation of Criminal Criminal Cases". imprisonment.

In addition, if the suspect constitutes a crime of underworld organization, the punishment of several crimes and punishment will be faced. The specific sentence is below the total sentence and the highest sentence period in the number of punishments. The final execution period is decided as appropriate.

The victim can raise criminal compensation for civil compensation

Li Nan said that in addition to criminal punishment, the perpetrators must also bear the corresponding civil liability for the victims. The victims can file a criminal attachment civil lawsuit, and the suspect compensates for economic losses caused by personal damage caused by criminal behavior, including but not limited to reasonable expenses such as medical expenses, nursing expenses, and transportation expenses. In addition, the victims including women, including women, should call the police in time when they encounter illegal infringement to avoid positive conflicts; when they encounter illegal violations and cannot directly alarm, they must call for help loudly and seek help from others; Reserve evidence and report the case in time.

Beginning on June 12, Tangshan established a special group, and Tangshan City launched a special operation of "Thunder Storm" in summer social security rectification in the city. The masses can report on a number of illegal and criminal acts such as fighting, provocation, intentional injury, insulting women, and insulting women. In this regard, Li Nan said that the special action of anti -crime and eliminating evils is conducive to social stability, the long -term stability of the country, and the "" The special action of "Thunder Storm" is conducive to clearing the local evil forces, creating a safe and stable social environment for Tangshan, attracting investment promotion, conducive to the development of local enterprises, and also conducive to improving people's livelihood and ensuring sustainable development.

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