“Strong hugging, forcibly kissing a minor girl social workers, at large, and my son, and play hooligans such illegal criminal behavior to fight, see the righteousness, was forced to fight back after self-defense, return a punch, kicked a mere 17 years old, but the crime of intentional injury was held criminally responsible, and now execute the arrest, detained in custody, but also forced us to pay. In the sense of reason and law, there is justice to speak of?”
The afternoon of December 26, to reporters on this matter, Jiaozuo citizens Wang Hengbo couple can not suppress the excitement, and sometimes sobbing. This “counter-attack on the molestation of young girls is intentional injury or self-defense” case, the reporter conducted an investigation interview in the past few days.
In the media reports sparked social concern, December 30, Jiaozuo City People’s Liberation District Procuratorate responded that: the case has now formed a task force to review, and will promptly announce the results of the review to the community.
Narrative.
17-year-old girl was continuously molested, 17-year-old boy to the rescue
This year, 62-year-old Wang Hengbo in Jiaozuo City, Jiefang District, operating a snack store, his son Wang Yong (a pseudonym) was born in February 2003, this year, only 17 years old, in Jiaozuo City, a school.
According to him, at about 2:30 a.m. on December 10, 2019, his 17-year-old son Wang Yong received a phone call from two female classmates about going to a bar called Twenty-Five Points in Yang Shu Street, Jiaozuo City’s Jiefang District to party.
“In the middle of their meal, two more boys came, one of them, later learned the name and a certain ho, sat next to Wang Chao’s female classmate Jia Jia (a pseudonym), the two of them never knew each other. The two of them never knew each other. After drinking for a while, He Mouhao began to forcefully neck and kiss Jia Jia, who resisted and pushed away, asking my child to take her away.” Wang Hengbo said.
Holding the child’s arrest notice, Wang Hengbo pain from the heart.
Subsequently, Wang Yong pulled Jia Jia towards the downstairs. What the two did not expect was that and a certain ho caught up, and began to forcefully hug Jia Jia, Jia Jia was very resistant.
“My child looked back, and went up to pull the girl away, and walked to the roadside ready to take a taxi to send the girl home. At this time, and a certain ho from a store across the road after shopping and chased over, stood in front of my child, questioned ‘what do you mean’, the words did not land, fist on my child’s face. My child subconsciously returned a punch, and a certain ho fell to the ground, my child and kicked him in the ass, and sent the girl home.” Wang Hengbo said.
For the above incident process, December 26 afternoon, born in January 2003, 17 years old, is in high school, and Wang Yong for junior high school classmates Jia Jia in the father accompanied by an interview, to be recognized.
The company’s main business is to provide a wide range of products and services to its customers. In the and a certain ho forced hug and kiss, very scared, also very disgusted, and kept avoiding. For themselves and Wang Yong has gone downstairs and a certain ho still chased out again forced hugging behavior, Jia Jia is even more angry.
“It is said, and a certain ho is also 17 years old, is also a minor, but his behavior, is typical of hooliganism, is molestation, is a criminal act, I heard the child said after more angry!” Jia Jia’s father said.
This case, the afternoon of December 28, the reporter called and a certain ho father. The other side at first denied that he had sexually harassed and molested Jia Jia, but then said that he was not clear about the case.
The case of Wang Hengbo’s claim that “and a certain how to play hooliganism and hit first”, Jiaozuo City Public Security Bureau Jiefang Branch Xinhua Street Police Station police officer Guo Canqin recognized, and that “the case is clear and not complicated.
The case.
“The molestation of young girls at large, to rescue the arrested”
Wang Hengbo said he learned of the case, is December 10, 2019 at 5 pm.
At that time, he received a call from the police at Xinhua Police Station of Jiaozuo City Public Security Bureau, saying that Wang Yong had injured someone and told him to go to the police station. In the police station, he was informed by the police officer handling the case, and a certain ho nose crushed fracture, “estimated 90% will constitute a minor injury, Wang Yong estimated to be criminally liable, but before the identification results, the two sides can coordinate a solution.”
However, even if the other side will be compensation from 80,000 yuan down to 60,000 yuan, but Wang Hengbo couple still can not take out, negotiated settlement failed to reach agreement.
“The child heard of this consequence, crying, has been crying ‘heart aggrieved’ ‘wronged ah wronged’, we are also feeling the heart is not taste.” Wang Hengbo said, in the process of handling the case, the police also retrieved the surveillance video, including the investigation to understand the relevant witness testimony, the process of the incident and his understanding to the child exactly match. In particular, and a certain ho first hit Wang Yong this episode, let the family heart depressed to the extreme.
Although not convinced, but the police case is still continuing to advance.
The crime occurred in Jiaozuo City twenty-five point bar
On May 6, 2020, the Jiaozuo City Public Security Bureau Jiao Nan Branch (now incorporated into the Liberation Branch) issued a notice to Wang Hengbo, the legal representative of the minor, to appear for questioning of Wang Chao. The following day, the bureau issued a decision on bail pending trial, saying that the bureau is investigating the case of “2019.12.10” Jiaozuo City Jionan and a certain ho was intentionally injured, because “the suspect may be sentenced to a fixed-term sentence or more, take bail pending trial, not to occur Social dangerous” provisions, decided to Wang Yong bail pending trial, the period from May 7, 2020 onwards.
On December 14, 2020, Jiaozuo City Public Security Bureau Jiefang Branch issued a notice of arrest that the Bureau was approved by the People’s Procuratorate of Jiaozuo City Jiefang District to execute the arrest of Wang Yong suspected of intentional injury at 9:00 p.m. on December 15, detained in Jiaozuo City Detention Center.
Previously, on December 8, 2020, the Jiaozuo Jiefang District People’s Procuratorate had conducted remote interrogation/questioning of Wang Yong according to the notice of presence of the legal representative of the minor issued.
At present, Wang Yong has been detained in Jiaozuo City Detention Center for nearly half a month, Wang Yong’s parents sleep and eat every day, the heart is like a knife, but according to their understanding from the police in the case, as a social worker and a certain ho is now working in Suzhou, has not been any treatment, even though Wang Yong orbital upper part of the orbit was also bruised, despite Jia Jia’s father repeatedly accused.
Concern.
The three main focus of the case in question, the spirit of the rule of law, fairness and justice
①What is the intentional injury, or self-defense?
Wang Hengbo believes that, in the face of female classmates being hooligans, being threatened, Wang Yong to rescue, is the righteousness of courage. After being struck by the other side first, return a punch, kick on, are very normal self-defense, should not be held criminally liable for intentional injury at all.
“If the child does not fight back, showed weakness, Jia Jia will certainly be the other side of the street molestation, this consequence who can afford?” Wang Hengbo said.
“What’s more, my child and Jiajia downstairs, and a certain ho and his male companion went across the street to buy something from the kiosk and returned to threaten, who knows if they bought a knife, or other murder weapon?” Wang Hengbo said, in the other two boys, and a certain ho active attack and Wang Yong has been hit in the eye socket, can not be demanding Wang Yong not to fight back, but also can not be demanding Wang Yong in the counterattack can be as appropriate as usual to master the strength of the counterattack.
“Counterattack a punch, but also the face, and then kicked, which is very basic self-defense, or self-defense, not likely to be fatal, the strength is appropriate to ensure that the molested girls have the opportunity to leave.” He said.
To Wang Yong’s rescue, Jia Jia and Jia Jia’s father both expressed their gratitude. They also both believe that Wang Yong’s behavior belongs to the courage of the righteous, and the counterattack is also self-defense, should not be held criminally liable for intentional injury at all.
Jia Jia, accompanied by his father, was interviewed by reporters.
“If this is held criminally liable, who will dare to come forward and rescue the molested person? The law does not punish those who molest underage girls, but those who fight against those who molest underage girls, where is the fairness and justice?” Jia Jia’s father and Mr. said.
However, the police Guo Canqin said in an interview on December 28, whether intentional injury, or self-defense, according to law is determined by the People’s Procuratorate of Jiaozuo City Liberation District, including the late whether the public prosecution, they are only investigating the case, “now the Procuratorate approved the arrest, that the Procuratorate does not consider self-defense.
② underage students, whether the application of mandatory detention?
For the handling of the case, Wang Hengbo believes that Wang Yong is now only 17 years old, and is a school student, the social danger is not great, but was detained in the detention center, completely unnecessary, even if the crime, should also be released on bail pending trial.
Wang Hengbo also consulted a number of laws and regulations to support their own such claims.
For example, Article 15 of the “Regulations on Handling of Juvenile Delinquency Cases by Public Security Organs” clearly states that the use of coercive measures should be strictly limited and minimized in handling juvenile delinquency cases; Article 20 states that in handling juvenile delinquency cases, the investigation and interrogation of juvenile school students shall not affect their normal studies; and Article 25 states that the treatment of juvenile delinquents shall be lighter, less severe or exempt from punishment compared to adult delinquency.
Once a good boy in the eyes of his parents, now protect girls but was arrested, so parents chilled.
Wang Yong’s criminal coercive measures to deal with, Guo Canqin said, before the impact of the epidemic is indeed based on a number of reasons to take bail measures, but because of the unsuccessful negotiation solution, and a ho family objections, so they were submitted to the Procuratorate, change the criminal coercive measures, take custody.
③ molestation of underage girls, when the law punished?
Mr. Jia Jia father and said, after the case, he heard about it from his daughter, very angry, really can not swallow this anger, immediately wanted to find and a certain ho “beat up”, but after calming down, he decided to the public security organs and a certain ho molestation of underage girls legal responsibility.
However, Mr. He was disappointed that even though he repeatedly went to the police station to express his demand, but the police told him that the matter he sued and Wang Chao’s intentional injury case is the same thing, they will handle the case together.
Until now, and a certain ho still have not been any treatment, working in the field, which makes Mr. and Wang Hengbo nagging, the police case is also a great opinion.
In this regard, Guo Canqin said, and a certain ho is a violation of the Public Security Management Punishment Law, will be dealt with according to law.
Progress.
Family members have repeatedly charged to no avail.
Jiaozuo City Jiefang District People’s Procuratorate refused to be interviewed
Through this case, Wang Hengbo said he was exhausted, a stomach full of grievances, because he really can not think, the child is a good deed, is to fight against criminal behavior, but ended up in such a situation. For this reason, the couple went to Xinhua Street Police Station, Jiaozuo City People’s Procuratorate of Jiefang District many times to reflect the situation, but so far to no avail.
“The police on the case said that no matter what the reason, as long as it constitutes a minor injury, the case is fixed according to the crime of intentional injury, for criminal detention procedures, the case file has been handed over to the Procuratorate, the Procuratorate also did not support self-defense, approved the arrest!” Wang Hengbo said that the characterization of the case, he felt really unfair, because instead of promoting social justice, but is “aiding and abetting”.
The People’s Procuratorate of Jiaozuo Jiefang District is not supporting Wang Yong’s claim of self-defense
“The girl to my child for help, he helped the girl out of moral sense to leave, the other side continue to pester the girl, and even hit first, the child out of self-defense to return a punch, kicked a foot, what is wrong with this? If society appears similar cases again, who will help people in need of help out of moral values, now molesters are at large, but the protector was arrested, where is the dignity of the law of the country? He said.
Wang Hengbo said, this year, he consulted a lot of laws and regulations, especially the “two high one” issued in September this year, the application of legitimate defense system guidance, he saw the hope.
The guidance is clear, to accurately understand and grasp the legal provisions of self-defense and the spirit of legislation, for legitimate self-defense in line with the establishment of the conditions, determined by law, to effectively prevent “who can make who justified” “who died and injured who justified” the wrong approach, and firmly defend the “law can not give way to the lawless” spirit of the rule of law.
The above guidance requires that the precise demarcation of defensive behavior and mutual brawl. The two sides are unable to maintain restraint due to a dispute over trivial matters and the fight is triggered, for the fault of party B first and the means is clearly excessive, or party B first, in the case of the other party’s efforts to avoid conflict to continue to violate the act of fighting back party B should generally be recognized as an act of defense.
In this case, Wang Yong’s behavior was not found to be legitimate defense and the crime of intentional injury to pursue criminal responsibility and arrest?
December 28 morning, the reporter came to Jiaozuo City Liberation District People’s Procuratorate interview. In the hospital guard room, after checking the press card, the hospital a security guard contacted the hospital office surnamed Li in charge. The other side of the inquiry to the reporter said that the interview belongs to the political department, let contact the political department of the hospital.
Subsequently, a staff member of the political department and the director of the department Jiao Wen (sound) said that, in accordance with the requirements of the higher departments of the hospital internal reception interview, in addition to the press card, the reporter also needs to provide a unit letter of introduction, they can report to the Jiaozuo City People’s Procuratorate, after obtaining consent to receive interviews.
The reporter informed that according to the “Journalist Card Management Measures” (General Administration of Press and Publication of the People’s Republic of China Order No. 44), the journalist card is the only legal document for journalists to conduct news coverage activities, internal regulations must be subordinated to national regulations, but Jiao Wen insisted on their own views.
In the end, the reporter waited for nearly an hour in the gatehouse of the hospital, which also did not accept the interview.
Earlier, Xue Lihong (phonetic), head of the hospital’s juvenile prosecution section, said in a phone interview that she was aware of the case but was not available for a phone interview.
According to a recording of a phone call between Wang Hengbo and a person from the Jiaozuo Jiefang District People’s Procuratorate, the person in question replied that the procuratorate had its own basis for determining the characterization of the case, and would only inform the lawyers, not explain to both sides of the case. The person also said that the lawyer can only submit an application for revalidation.
However, because of the family situation and the epidemic affects the operation of small stores, Wang Hengbo couple now can not even afford to hire a lawyer.
On December 30, Jiaozuo City Jiefang District People’s Procuratorate WeChat public number issued a briefing that: in response to the situation reported in the news, Jiaozuo City Jiefang District People’s Procuratorate attaches great importance to the case has now formed a task force to review the case, and will promptly announce the results of the review to the community.
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