The neighbor suspected that the upstairs was noisy and beat his family violently, and the victim was detained for 10 days for counterattack

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 The neighbor suspected that the upstairs was noisy and beat his family violently, and the victim was detained for 10 days for counterattack


An 8-year-old girl upstairs was injured by a neighbor downstairs

Police said: because the man upstairs also hit each other, so to detain.

Is it the self-defense of the host upstairs or the polices illegal punishment? The reporter made a visit.

What happened

A bloody case caused by a ball: Auntie, please dont hit my grandmother

On August 31, the reporter received a complaint from Mr. Yang that the 8-year-old girl in her family was intruded into by her neighbors downstairs without permission and was beaten maliciously. Her brother in her 30s and her mother in her late 60s were beaten together. Her 3-year-old child was scared out of epilepsy. After 50 days of the incident, the second police Middle School of Erligang in Guancheng District detained his brother for 10 days.

At that time, there was a loud knock on the door. The uncle who was going to the toilet was carrying his pants and came out to open the door. As soon as he opened the door, he punched my uncle and knocked him to the ground. I called my grandmother for help, and they knocked her down when she came in. At that time, I was so scared that I made a video. The aunt came to grab my mobile phone and beat me with high heels. Later, I knelt on the ground and kowtowed and said, Auntie, I wont record it. Please dont beat my grandmother! Yang told reporters that her 3-year-old sister was so scared that she hid in a corner of the refrigerator and cried. The fight lasted about an hour.

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The man upstairs was chiseled with high heels by Mrs. Zheng downstairs

The diagnosis certificate issued by the hospital showed that the 3-year-old girl developed convulsion and other focal epilepsy after being frightened; Li Shuxian, an old man with malignant tumor, was diagnosed as being beaten, kicked, twisted, bitten or scratched; there was an irregular fissure on the lateral side of Yang Jennies left arm, accompanied by obvious local congestion and swelling. Mr. Yangs brother (the host upstairs) was injured in stomach, head and arm.

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Suspected building shaker site (source: surging News)

Qu Bo, a police officer from the second squadron of Erligang, Guancheng District, said two people upstairs were identified as slightly injured by medical examination, while only Mrs. Zheng was slightly injured among the three people downstairs.

On August 23, after the mediation failed, the squadron detained Mrs. Zheng downstairs and one of her sons for 15 days (the other son disappeared), and detained Mr. Yangs brother for 10 days. So far, it has been 50 days since the incident. Before that, my family went to the police station many times and asked to be dealt with as soon as possible, Mr. Yang said

race back to

The noise dispute between upstairs and downstairs has been a long-standing complaint

Reporter then to downstairs male host Mr. Zheng to verify this matter. It was the ball Deng Deng Deng upstairs. My family was having dinner. They couldnt stand it, so they went up to inform them twice. There was a fight the second time Mr. Zheng said that the two families had a long history of resentment because of the loud voice upstairs. We usually go to bed at 22:30, but sometimes we dont sleep until 1:00 a.m. upstairs, and we always make some noises.

On the day of the incident, Mr. Zheng was away on a business trip. He quoted Mrs. Zheng as saying that it was the upstairs who locked the three girls downstairs in the house and refused to let them out, so he started fighting. When the reporter asked the video showed that both the old man and the man were pressed to the ground by Niang San, what happened to the old mans desperate call for help? Mr. Zheng hung up the reporters phone for something will happen here.

Xiaofang, the hostess upstairs, told reporters that the two families had communicated for many times due to sound problems. There are two children in my family, one of whom is 3 years old. At the request of downstairs, we put thick climbing pads in the bedroom to avoid the sound from affecting others. In order to reduce the noise, Xiaofang also moved most of the childrens toys, and replaced all slippers with soft soled slippers. Even so, downstairs can often find a response to the sound of the water in the bath upstairs, the sound of flushing the toilet can be heard downstairs.

During the interview, Xiao Fang showed several videos of the earthquake building to the reporter. She said it was a revenge from the neighbors downstairs. They had bought a shaker and often intended to shake the building. The property also came forward to mediate. But Mr. Zheng denied to reporters that the earthquake floor, said: we are high-quality people, I do not know that thing.

question

Break into the private house and beat my family. Why detain me

On the one hand, the Niang San downstairs broke into the upstairs without authorization to commit violence, while the other was the male master upstairs who fought back in self-defense. This made Xiaofangs family very confused: cant we fight back in the face of a familys being beaten in the room?

On September 1, the reporter interviewed Cui Jianping, the main person in charge of the case and the instructor of the second public security squadron of Erligang in Guancheng district. He said that the case is being handled, and the reporter will be contacted after handling it. Then he said that the police should be called and hung up the phone.

Xiao Fang argues that her husbands self-defense is justifiable, and Mrs. Zheng downstairs was only slightly injured. Obviously, her husband is the most serious one, and there is no problem of excessive defense. Cant my husband resist when others Group intrude into my house and beat me up? Qu Bo said, its meaningless for you to make such a fuss. You always talk about this problem every time! If you dont accept it, you can apply for administrative reconsideration.

However, article 94 also stipulates that the perpetrator has the right to state and defend. The public security organ must fully listen to the opinions of the person who violates the administration of public security, and shall review the facts, reasons and evidence put forward by the offender; if the fact, reason or evidence put forward by the offender is tenable, the public security organ shall adopt it. Mr. Yang said that in the face of his brothers justifiable defense reasons, the police neither review nor accept, and did not give reasons.

Xiao Fang told reporters that on September 1, Mr. Zheng downstairs twice apologized to him, but did not come up with a substantive compensation plan. She hopes that the missing son at large can be brought to justice as soon as possible. Mr. Zheng has told the police officer in charge Cui Jianping that his missing son is working in Xian. Why hasnt the police taken action to arrest him? Xiaofang asked.

lawyer

The man in the upper room is in self-defense, and the police punished wrongly

Shi Chuang, a lawyer from Meixi (Zhengzhou) law firm in Henan, said that the man upstairs belonged to self-defense. The behavior of the third mother and son downstairs belongs to illegal invasion of the house and affray, which belongs to illegal infringement. The party who has no intention of fighting can conduct self-defense. As long as the defense upstairs does not exceed the necessary limit, causing serious consequences of serious injury or death of people downstairs, they can not bear legal responsibility. Therefore, it is a mistake to detain Mr. Yangs elder brother upstairs by the public security organ. Mr. Yangs brother can apply for administrative reconsideration, or file an administrative lawsuit, and finally apply for state compensation.

In addition, the third mother and son illegally intruded into other peoples houses and beat others at will, causing slight injuries to two of them. They are suspected of the crime of provocation and illegal invasion of the house. Article 37 of the supplementary provisions of the provisions of the Supreme Peoples Procuratorate and the Ministry of public security on the filing and prosecution standards of criminal cases under the jurisdiction of public security organs (I) issued in 2017 stipulates that those who beat others at will, disrupt social order and cause more than one minor injury or two or more minor injuries shall be filed for prosecution.

According to the second paragraph of article 245 of the criminal law, the crime of illegal invasion of residence refers to the act of entering a citizens residence against the wishes of the members of the residence or without legal basis, or refusing to quit after entering the residence upon request. This crime is an act crime. As long as the perpetrator illegally intrudes into another persons house without the consent of the owner of the house or refuses to quit without reason after being asked to quit, it constitutes this crime in principle and should be investigated.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Source: Li Chao, editor in charge of Dahe news_ NB12814