Trampling and indecent male case reception hospital: the fracture of the injured was a new injury, and he had self mutilation during hospitalization

category:Hot
 Trampling and indecent male case reception hospital: the fracture of the injured was a new injury, and he had self mutilation during hospitalization


Previously reported:

Yongzhou boys kick and hurt indecent men incident: two girls were molested on that day, the indecent man had twice self mutilation

After being detained for five days, Hu, an 18-year-old boy, left the detention center and returned home.

Nearly three months ago, at about 18:00 on June 1, Hunan Province, at the monitoring room of Bubugao shopping mall in Lengshuitan District, Yongzhou City, Hunan Province, the 54 year old man who molested his girlfriend suddenly ran away. Hu caught up and hurt each other with his foot.

The monitoring showed that Lei deliberately hit the girls chest with his arm

Red Star News reporters learned that after the police arrived, they took both sides to the police station. Lei admitted indecency, under the mediation of the police, the two sides reached a settlement, Lei Mou compensated 300 yuan, both sides agreed that future matters would not be investigated.

The incident changed on August 21, when Hu, a boy who was suspected of intentional injury, kicked and injured an indecent boy, was detained by the police. After being reported by the media, there has been a wide discussion on law and emotion in the public opinion field: whether the boys behavior is a brave act for a just cause, whether it is a seizure or not, whether it is a crime, and whether it is necessary for the police to detain a boy by torture?

On August 26, Yongzhou Municipal Public Security Bureau ordered Lengshuitan branch to cancel the case and release Hus criminal detention. Yongzhou Public Security Bureau was promoted to investigate again. Leimou indecent acts of others, Lengshuitan branch of its administrative detention for 15 days.

Yongzhou City Public Security Bureau officials told Red Star News reporters that the promotion of the investigation means that the police will start from scratch.. The person in charge said frankly that the previous detention of male students showed that the grass-roots law enforcement was relatively mechanical, but it does not mean that the police made a mistake, different understanding and understanding of the law.

Obscene man kicked

After the police arrived at the scene, they helped to get on the police car

Bubugao shopping mall is located in the downtown area of Yongzhou. The attack on the chest occurred on the first floor of the shopping mall.

According to the cold water beach Public Security Bureau on August 25, the 54 Lei Mou Mou deliberately hit Xiao AIs chest with his arm, so Hu had a dispute with Lei.

On the morning of August 27, the Red Star News reporter came to the first floor of Bubugao shopping mall. Xia Rongjian, a security guard at the mall, said he was on duty in the mall when the incident happened. After a dispute over chest attack between the two sides, Xiao AI and Hu reported the situation to him. Subsequently, Xia Rongjian called the police and suggested that they go to the monitoring room to check the monitoring video.

Market monitoring room

Both sides went to the monitoring room by themselves. Xiao Jianwen, another security guard, recalled to the Red Star News reporter that there was no quarrel between the two sides at the beginning, but only in negotiation. Before the transfer of the surveillance, Lei always denied attacking the chest. After the transfer of the surveillance, he saw that there was indeed a chest collision in the video, and Lei said that it was not a big deal.

During this period, Xiao AI received a call from the police and was told that the police will arrive immediately. Lei pretended to go to the garbage can spit at the door of the monitoring room, and suddenly opened the door and rushed out.

The little boy ran after him. After I followed him out, I saw the little boy jump up and Lei fell to the ground Xiao Jianwen said that after Lei fell to the ground, his mouth called out that he had a little pain and wanted to go. Hu stopped him and refused to let him go, and then he didnt hit him again..

According to the case report of Lengshuitan Public Security Bureau, after Lei ran out of the monitoring room, Hu kicked Lei twice, but failed to hit him. The third time, he fell down and was injured.

After judicial identification, Lei Mou right humeral head comminuted fracture, right intertrochanteric comminuted fracture. The two injuries were grade I of slight injury.

[treatment

Lengshuitan Public Security Bureau sub related staff said that at about 23 PM that night, Lei admitted to indecency, and both sides reached a settlement, and Lei Mou compensated Xiao AI for relevant expenses of 300 yuan. The two sides also agreed not to investigate each others future affairs.

His fracture should be fresh. In medicine, old fracture refers to injury more than three weeks Xie Xiaoan said that when Lei came, limb swelling was serious, if it is an old fracture, the degree of limb swelling will not be so obvious.

Xie Xiaoan said that when he was in the hospital, Lei once had a self mutilation behavior. He cut his wrist and neck with a sharp weapon, and was stopped by the nurse when he was found out, he may feel lonely and helpless, and no one cares about him. From the second day of hospitalization, a brother came to accompany him. He was hospitalized for one month and was discharged on July 2.

According to the discharge record of Lei, he was injured by himself in the hospital

Xie Xiaoan also said that Lei did not communicate with people much when he was in the hospital. He felt that he was very introverted. He was admitted to the hospital in the early morning of June 2, and the operation was carried out on June 11, because he has not paid the medical expenses.

According to the discharge record obtained by the Red Star News reporter, Lei was admitted to hospital at 1:00 on June 2 and disabled himself on June 4. Yongzhou City Police related responsible person told Red Star News reporter that Leis self mutilation department had no money to pay for medical expenses.

After Lei appeared suicidal tendency, the police guarded him all night. Yongzhou City Police related responsible person introduced that on June 6, the police called Hus family members Lei was injured and hospitalized. On June 10, Hus father gave Lei a medical fee of 10000 yuan.

Negotiation

The man involved failed to claim 200000 yuan

He was injured again after discharge

Cold water beach Public Security Bureau, August 25

Lei Mou before and after treatment, both sides had many consultations. Hus father Hu Shijun said in an interview with the media that Lei filed a claim of 200000 yuan, but the two sides did not reach an agreement on the amount of compensation.

Huang Jijun, an attorney for Hu, said that the two sides had several consultations from July to August. Because Leis hospitalization expenses were 57000 yuan, Hus family members were willing to compensate 60000 yuan, but they were rejected by Lei. They asked for compensation for the loss of work expenses, food subsidies and other compensation in addition to hospitalization expenses, totaling 200000 yuan.

Red Star News reporter learned from Yongzhou City police that the hospitalization expenses of Lei Mou totaled 57411 yuan.

On August 21, Hu was detained by the police for kicking and injuring a male obscene man on suspicion of intentional injury. A detention notice has become a turning point in the incident of boys kicking and injuring indecent men, which has also thoroughly ignited public opinion.

Yongzhou City police officials said that after Lei was injured and admitted to hospital, considering that Hu was facing the college entrance examination, the police did not immediately take compulsory measures against him, but only after his college entrance examination results came out. The person in charge believes that the police have fully considered the temperature of law enforcement measures.

The police have been worried about the impact on his college entrance examination, so they have not taken compulsory measures. After he took the college entrance examination and before his score came out, he was also worried that his mood would fluctuate greatly The person in charge said.

[police

The understanding of law is different

Everything starts from scratch after promotion and investigation

The Red Star News reporter learned from authoritative channels that Lei, 54, is a five guarantee household, and has not been married so far and has no wife or children.

Monitoring video of Lei Mou molesting another girl

However, after the incident, the girl did not report to the security and police of the shopping mall that she was molested.

On August 26, Yongzhou Municipal Public Security Bureau ordered Lengshuitan branch to cancel the case, remove the criminal detention of Hu, and promote the investigation by Yongzhou Public Security Bureau. Leimou indecent acts of others, Lengshuitan branch of its administrative detention for 15 days.

The case of Hus injury was re investigated by Yongzhou Public Security Bureau

For the reasons for the cancellation of the case, the release of Hus detention, and the promotion of investigation, the relevant responsible person of Yongzhou public security bureau did not make clear to Red Star journalists. The relevant person in charge said that the promotion of the investigation meant that the police would start from scratch. At present, the investigation is in progress.

Police have contacted another girl who has been molested. She is now studying in Yunnan Province. Yongzhou City Police related responsible person said.

The relevant person in charge also said frankly that the previous detention of male students showed that the grass-roots law enforcement was relatively mechanical, but it does not mean that the police made a mistake, different understanding and understanding of the law.

In the view of the relevant responsible person of Yongzhou City police, the current public opinion controversy also shows that all sectors of the society, especially the legal circle, have different opinions on whether Hu should be detained. To be detained or not is a difficult yardstick to grasp. It can only be said that the grassroots police have their own consideration on the understanding of the law.

The relevant person in charge also said that the police have the obligation to investigate and handle the case. The previous detention of Hu is a compulsory measure taken by the police on the suspect during the investigation stage, which does not mean that the police think he is guilty. The controversy also shows that the public may not have enough understanding of such coercive measures.

Red Star journalist Liu Ping and Wang Jianqiang from Yongzhou, Hunan Province

If a teenager kicks and injures an obscene man, he will be jailed. If he is brave enough to do justice, he should not be hard to do so

#Boys kicking and molesting girls, man jailed#

On June 1, in a shopping mall in Lengshuitan, Yongzhou, Hunan Province, Xiao AI and her boyfriend Xiao Hu were dating. A middle-aged man, Lao Lei, came face-to-face and bumped AIs chest with his elbow. The young couple thinks that Lao Lei is playing rogue, but Lao Lei denies it. Both sides go to the monitoring room to watch the video, and Lao Lei takes the opportunity to leave. Young and vigorous, Xiao Hu chased after him and kicked over Lao Lei when he got to the parking lot. After that, Lao Lei was given administrative punishment for indecency. The two sides reached a settlement under the leadership of the police, and no other responsibilities were investigated.

Originally, Xiao Hu thought the matter was over, but things were hard to predict. On August 21, Xiao Hu was detained by the local public security bureau for the crime of intentional injury. According to the police report, after judicial identification, Laoleis right humeral head comminuted fracture and right femoral intertrochanteric comminuted fracture were all fresh fractures. Laolei fell down and caused two minor injuries due to small Hu kick.

How to evaluate Xiao Hus behavior?

Talking about Xiao Hus behavior starts with reason and ends with the rule of law. First of all, its pursuit is not justifiable defense. One of the conditions of self-defense is that the criminal act is in progress, Lao Leis attack on the chest in public has been completed, and preventing the perpetrator from escaping after accomplished is not in line with the constitutive requirements of self-defense.

Secondly, the kicking behavior of Xiao Hu should be regarded as snatching. Chinas criminal procedure law endows citizens with the right to fight against crimes under specific conditions. Four kinds of people can be seized: those who are committing a crime or are discovered immediately after committing a crime; those who are wanted; those who escape from prison; those who are being pursued. As an active criminal, Lao Lei is obviously the first kind of person.

Finally, the police found the crime of intentional injury inappropriate. According to the existing news reports, the motive of Xiao Hu kicking Lao Lei is to prevent him from escaping. He only kicks with his foot when his hand is injured. If Xiao Hu is to revenge and vent his anger, he cant just kick Lao Lei and give up. This is unreasonable. Even if the act of abduction causes injury, it should be negligence, not intentional crime. In the case of subjective negligence, only serious injury and death can constitute a crime.

Netizens make complaints about it: it is too hard to act righteously.

For a long time after the founding of the peoples Republic of China, the government encouraged the masses to seize and deliver the existing criminals. In the old legal background, the attitude towards private relief was quite relaxed. Grassroots units generally set up joint defense teams, security offices and other auxiliary public power to maintain public order. When a thief is caught, the masses spontaneously chase and intercept them. If they catch a thief, they will beat them first and then send them to the Public Security Bureau. Later, with the gradual improvement of the legal system, private relief was strictly restricted, and those who acted bravely for justice would get into trouble.

Case 1 in Kunming, in 2015, uncle Yin picked up his granddaughter from school. The school security guards were catching the car thieves, so he quickly helped to catch the thieves. While waiting for the police to arrive, the thief struggled and yelled I know you. Worried that the thief would revenge himself and his granddaughter in the future, he put his coat on the thiefs head. Unexpectedly, this action smothered the thief to death.

At that time, the public security organs determined that the silver uncle was negligent and caused death. Three years later, the procuratorial organ finally recognized that he had acted bravely and decided not to prosecute.

In case 2, Tan, the owner of a fruit stall, is not as lucky as silver. In 2015, in Guangzhou, Xu stole a Durian from tan. After catching up with him, he slapped Xu in the face and pushed him again. Xu was sent to the hospital after he fell to the ground and died half a month later.

After identification, Xu died of cerebral hemorrhage disease is the internal cause, after drinking, emotional excitement, strenuous exercise is the external cause. Both Huadu District Court and Guangzhou intermediate court sentenced Tan to two years imprisonment for the crime of causing death through negligence. In 2018, the Guangdong Provincial Peoples court held that Xus walking speed with durian in his arms was slow after he was drunk, which was different from the theft of quickly transferring stolen goods after he got it. In Xu stopped escaping and did not pose a personal threat to tan, Tan still beat him. Xu left durian after being beaten, Tan can take a more moderate way to control the other side, there is no need to suddenly push it down from the back to the ground, causing casualties. Therefore, Tans violence against Xu is neither necessary nor appropriate, and has no legitimacy.

It is more necessary to act bravely and wisely. From many cases of chasing a thief to death, we can draw a conclusion that we should pay attention to the propriety of behavior, pay attention to the necessity and proportionality in the defense and avoidance of illegal activities, as well as the confrontation and seizure after the completion of the crime. In the case, the prevention of infringement shall prevail, and the control shall be implemented afterwards. If you exceed the limit, you will make mistakes, and you will be responsible for them.

Law should not be imposed on others. In the case of rapid change, the parties are required to calculate in a neutral and rational manner, and act exactly. From Liaocheng Yuhuan case, Kunshan anti homicide case to Fujian Zhaoyu case, the judicial organs determination of self-defense is obviously in the trend of loosening, and private relief and righteous action also need to be lenient. The judicial trial has the value pursuit of punishing the evil and promoting the good. The judicial organs should not neglect to treat those cases which have a subtle impact on the social atmosphere and the citizens morality, and must avoid the lessons learned from the experience of Peng Yus case. Only by eliminating concerns and letting good people dare to do good deeds, can we make brave acts for justice become a common practice.

Good news came on August 26 that Xiao Hus detention had been lifted, and Yongzhou Municipal Public Security Bureau raised the level to handle the case, saying it would re investigate.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }The trampled and indecent man had self mutilation in the hospital. Source: surging news editor: Kang Ruixin_ NB16727

The trampled obscene man had self mutilation in the hospital