A family of five used an electric vehicle to send their daughter to the county seat for medical treatment, not only the electric vehicle was detained, but the father and son were detained by the police for obstructing public service. A few days ago, a 25-year-old female college student in Gansu Tianshui posted online.
On January 19, Zhu Xiaoding, a well-known lawyer, confirmed to the Huashang Daily reporter, "She asked me for help and sent me to the hospital for rescue, this is a relatively urgent situation, you should first let people see a doctor, but the result was to take people to the police station for one night, and the next day the little sister of the family was aggravated." ”
A reporter from huashang bao learned from the Zhangjiachuan County Public Security Bureau that the case had been transferred to the criminal police brigade of the county public security bureau for handling.
>>> medical conflicts
Sister suffers from acute urticaria Traffic police at the entrance of the hospital buckled an electric car
On January 19, a reporter from Huashang Daily contacted a female college student who posted for help through Lawyer Zhu Xiaoding confirmed that their family is from Zhangjiachuan, Tianshui, Gansu Province, and that her father and sophomore brother are currently detained on suspicion of obstructing the execution of official duties.
At about 1 p.m. on January 13, the sisters and brothers and their parents took their own small electric vehicles to send their sister, who was suffering from acute urticaria, to the county hospital for medical treatment, and was stopped by the traffic police after getting off at the entrance of the hospital.
Although the family has repeatedly explained that they are in a hurry to send their sister for treatment, the traffic police said that they would detain the car on the grounds that the electric car could not enter the city. The sisters and brothers asked the law enforcement traffic police to show written (legal) regulations, the traffic police said that it was verbal notice, it was her brother driving at the time, and the traffic police detained the car on the grounds that her brother was "driving without a license".
The female college student said that although this kind of electric vehicle similar to the old age step has 4 wheels, there is currently no driver's license for electric vehicles at the national level. Traffic police to forcibly tow away the electric car, the family stopped to prevent it from taking away, the two sides in the process of the conflict, her father and brother fell to the ground, "my brother's hand that had surgery hurt so much that he could not get up on the ground, we called for help in the process of turning the alarm to the police." ”
Because the place of the incident was near the intersection of the county square, there were onlookers who spoke out, but they were asked not to shoot, and the family of five was then forcibly taken to the county public security bureau by the police.
The Zhangjiachuan County Public Security Bureau issued a criminal arrest notice, and the father and son were detained in the county detention center
>>> almost went into shock
"Sent to the rescue room was delayed into a serious danger"
At about 9 a.m. the next day, the mother and daughter were released after signing one after another. The female university student said: "During the investigation, my sister kept shouting uncomfortable! cold! But they were indifferent. Coming out of the county public security bureau, my mother and I took my sister straight to the Chinese medicine hospital, the Chinese medicine hospital is next to the county public security bureau, but it is too late to register for medical treatment, my sister was sent to the rescue room, at that time there were almost no vital signs, the doctor said that if you come later, people will go into shock, my sister was an ordinary urticaria at the beginning, and was delayed into a serious danger. ”
The 25-year-old female college student said she could not face it, "My father and brother are now detained in the county detention center, and on January 15, at 12 noon, they informed me to go through the formalities and asked me to sign the Criminal Arrest Notice, which is a crime of obstructing public service, and I refused to sign it." ”
>>> seek help from a lawyer
People who are not in charge are worried about affecting the education of the three brothers and sisters
"Our mother and daughter are helpless, I am still a student, my mother is illiterate, my sister is still lying in the hospital and needs my care, I can't do without people, I really feel cornered, what should I do?"
The female college student said that two men in the family have been arrested, there is no one in charge, she is also worried about affecting the studies of her and her 24-year-old brother and 22-year-old sister, and under all difficulties, she thought of asking Zhu Xiaoding for help.
>>> emergency avoidance
The traffic police forced the car to detain the suspected abuse of administrative coercive power
"As soon as I saw the three college students in my family, I wanted to help appeal." On January 19, Zhu Xiaoding confirmed to the Huashang Daily reporter that he did receive a request for help message from her two days ago, "Yesterday (January 18) evening, I contacted her again. ”
"Her brother is a sophomore in college, and if he is criminally detained and then sentenced, he will ruin the life of other people's children."
Zhu Xiaoding said: "In addition to legitimate defense and emergency risk avoidance, they are in a hurry to send their children to see a doctor, which does not constitute legal punishment." In the process of administrative law enforcement by the police, what kind of intensity is it enforced? We also often see the rescue of the injured, there are drivers who continue to run red lights, send pregnant women or send patients to the hospital for first aid, these things are there, the traffic police are not punished. ”
Zhu Xiaoding pointed out: "Traffic police law enforcement is arbitrary, the reason for the car seizure has changed before and after, first it is forbidden to enter the city with an electric car, and when it is asked to show the basis for law enforcement, it is changed to unlicensed driving, knowing that a family of five sends their children to the county to see a doctor, and the forced detention of the car is suspected of abusing administrative compulsory power." In the process of law enforcement, the masses were refused to shoot and supervise, violating the ban of the Ministry of Public Security. Their family of five driving an electric car to send their children to medical treatment is an emergency risk avoidance in the legal sense, and there is no need to abuse criminal coercive measures. ”
Zhu Xiaoding believes that the local traffic police's practice lacks humane law enforcement, the female college student family is not illegal passenger operation, "their family uses such a surrogate electric car to pull people to see a doctor, and send medical rescue, this is a more urgent situation, the on-duty traffic police should first let them see a doctor, save people is important, turn back can be identified and punished, but the result is to take people to the public security bureau for a night, the next day people's little sisters are aggravated, she is urticaria this disease." ”
>>> traffic police responded
Wearing a helmet and driving a four-wheeled electric car can enter the city
The Huashang Daily reporter saw that the zhangjiachuan county public security bureau issued two "notices of criminal arrest" on January 14 showed that the father and brother of the female college student were detained at the county detention center on suspicion of obstructing public service and at 18:00 on the afternoon of the 14th.
On January 19, a reporter from Huashang Daily contacted the traffic police brigade of the Zhangjiachuan County Public Security Bureau and asked whether four-wheeled electric vehicles could enter the city? The staff replied: "Is it a four-wheeled electric vehicle?" Is there a helmet? You can go into town. ”
Regarding the law enforcement act of detaining a car outside the door of the county hospital on January 13, a reporter from Huashang Daily explained the intention of the interview, "I am not very clear about the situation you are talking about, wait a minute I will ask about the situation." "The staff said to contact later. The reporter then contacted several times, the phone was unanswered, and as of the time of the reporter's press release, no reply had been received.
On the afternoon of January 19, a reporter from Huashang Daily contacted the Chengguan Police Station of the Zhangjiachuan County Public Security Bureau and learned that after receiving an alarm on the day of the crime, the police of the station were dispatched.
"It was our police, and the case has been handed over to the criminal police brigade of the county public security bureau." As for how the father and son obstructed the execution of their official duties, the police said that the specific facts of the case need to be learned from the criminal police brigade.
>>> it is more important to detain the car and save people
Failure to treat in time can lead to death
The traffic police are afraid of criminal liability
"I am still seeing for the first time the practice of not using police cars to send patients to see a doctor, seizing the electric vehicles that people send patients to seek medical treatment, and criminally detaining the patient's family."
Lawyer Wang Yazhong believes that it is important to send medical treatment to save people or to detain the car? The touching point of this incident is not that the electric vehicle was seized when it entered the city, but that the electric vehicle sent college students to the city to see a doctor, the patient had not yet arrived at the hospital, and the electric vehicle was seized.
"It is reasonable to encounter patients who are in urgent need of medical treatment, if they cannot wait for an ambulance for a while, the traffic police should take the initiative to use the police car to send patients to the hospital for medical treatment, so as to show the true color of serving the people." If the official business is busy, it is enough to send a police car to send patients, where is the reason for the electric car that people send patients to the hospital to seize? If the patient is therefore unable to receive timely medical treatment and thus dies, the traffic police may bear criminal responsibility. At this point alone, the local traffic police handled it improperly, the law enforcement was too strict, and it lacked a trace of human warmth. ”
Wang Yazhong introduced that the question of whether electric vehicles can enter the city is the scope of local regulations and management, and the specific management regulations of each place are not exactly the same, but the general trend tends to be tightened, that is, medium and large electric vehicles are managed according to motor vehicles, requiring license plates and driving licenses.
Huashang Daily reporter Li Hua Editor Dong Lin
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