Law cant give way to illegality. The strong and powerful remark of the Supreme Procurator, Zhang Jun, can be said to have aroused a strong resonance in society. In recent years, there have been several cases of legitimate prevention of absolute prosecution in China, which also provide a vivid example.
Shenzhen also has a recent case, but the difference is that this case took place in regulatory sites.
The suspect, Zheng Mou, is a habitual theft offender and has been sentenced twice by the court. In September 2017, after Zheng Mous second release from prison, he was arrested and prosecuted according to law by his little partner who had been deeply inspected by the emperor. In July 2018, the court again sentenced Zheng Mou to one year and nine monthsimprisonment for theft.
Because of Zheng Mous infectious disease, he was detained in a special infectious disease warehouse in the detention center.
This infectious disease warehouse, the detainees are suffering from the same infectious diseases, of which, Lin Mou is the warehouse attendant.
Lin Mou was sentenced to three yearsimprisonment by the court for illegally absorbing public deposits. In this infectious disease warehouse, he should have stayed for the longest time.
Designated as a warehouse duty officer, Lin Mou has great power in this warehouse. He can register irregularities in the warehouse, report to the warehouse, stop fighting and notify the monitoring room according to the requirements of the warehouse. Gradually, around Lin Mou, there are some people who only look at him.
On the morning of July 6, 2018, there was a fight between Zheng Mou and Lin Mou, the same detainee. Zheng Mou bit Lin Mous thigh and knee joint, which was identified as the second grade of minor injury. The public security organ investigates the case of Zhengmou on suspicion of intentional injury and finds that the victim, Lin Mou, who is on duty in the warehouse, mediates because of disputes between Zhengmou and other detainees in the warehouse. Zhengmou refuses to accept mediation, insults and beats the victim, Lin Mou, then falls to the ground, bites Lin Mous right thigh and knee joint, and is suspected of intentional injury.
In September 2018, the public security organs transferred Zhengs suspected intentional injury case to the procuratorial organs for review and prosecution. The prosecutor of the Longgang District Procuratorate tried Zheng Mou and carefully checked the on-site surveillance video. He found that there were many doubts about the cause of the case and the course of the case, so he returned the case to the public security organ twice for supplementary investigation on the grounds of unclear facts and insufficient evidence.
After that, the public security organs still believe that Zheng established the crime of intentional injury and transferred the case to the procuratorial organs for review and prosecution.
This time, the case-handling prosecutor decided to exercise the supplementary investigative power granted by law and supplement the investigation by himself.
To this end, the prosecutor has tried 17 people, and went deep into the infectious disease ward. He talked to prisoners and prisoners many times to understand the background of the case and the scene of the conflict, and mobilized people with knowledge to write 11 certification materials. After a series of hard work, the prosecutor found that:
As a warehouse attendant, Lin Mou often beats and insults the same warehouse detainees with others. Because Zheng once accused Lin Mou, Lin Mou hated this, the day of the incident was called mediation, which was a lesson. Lin Mou intentionally beat Zheng Mou with slippers to intensify contradictions and provoke Zheng Mous resistance. Lin Mou again collaborated with eight other people to encircle Zheng Mou, and made great efforts. Zheng Mou shouted help unheeded, and there was no escape route. Personal safety has been seriously infringed. In this context, Zheng Mou, who was still besieged and beaten on the ground, had nowhere to hide, and had no way to avoid or stop the infringement, but rose up to resist and bite Lin Mous leg.
The case-handling prosecutor believes that Zheng Mous behavior fully conforms to the provisions of legitimate defense. After being submitted to the Procuratorial Committee for discussion, recently, the procuratorial committee unanimously agreed that Zheng Mous behavior constitutes legitimate defense, does not constitute a crime, and has made a decision not to prosecute him according to law.
In the process of handling the case, the prosecutor will also find clues such as prisoner bully and transfer them to relevant departments.
Justifiable defense system is being perfected and activated, we need to deal with cases through this kind of practical, judicial products, procuratorial products, to convey the concept oflaw can not give way to illegalityto the society, constantly highlighting fairness and justice. The prosecutor said, Whoever is, their legitimate rights and interests should be effectively safeguarded, as should the detainees. Prison hegemony should be severely cracked down on. We encourage prisoners to fight against prison hegemony bravely and identify Zheng Mou as a legitimate defense according to law. It is also conducive to conveying the firm position and strong signal of judicial organs to protect the legitimate rights and interests of detainees and standardize the management order of supervision places.
Source: Yang Yi_NBJ10647, Responsible Editor of Shenzhen Peoples Procuratorate