"It is human nature to seek advantage and avoid harm, I can't be as kind as you, am I just bad?"
"Kindness is not a cheap virtue, it has to be matched with ability, or it is to add to the chaos."
"Everyone will only judge others in their own cognitive scope and moral standards."
……
The recent fire web drama "Beginning" unfolds the story of a bus bombing case in the form of a "time loop" through the perspective of the protagonists Li Shiqing and Xiao Heyun.
"Infinite loop" is actually not new, like "Horror Cruise", "Happy Death Day", "Groundhog Day", "The Night the Comet Came", "Source Code" and many other movies have used the "infinite loop" setting.
Similar to these movies, the web drama "Beginning" entered the fast pace of the cycle explosion after the second episode, but the difference is that "Beginning" continues to expand the story branch line of ordinary people on the bus in a cycle after cycle, carefully portraying the bitterness and difficulty behind each ordinary person, and also making the protagonists realize that they are not strangers who meet in Pingshui, but a living life struggling to live in the bottom. In the cycle after cycle, I also peeled back the cocoon and gradually found the source and truth of the explosion...
If we put aside the plot details of "The Beginning" for the time being, and analyze it from a legal point of view, what new discoveries will be made? What is the crime of carrying a bomb on a bus that endangers public safety? Is The interrogation of Li Shiqing and Xiao Heyun by the Xiaojiang police legal and compliant? What legal provisions do "preparing for drug testing" come from?
(Some spoilers are included below!) ）
Opening the Beginning from the Perspective of the Penal Code
First of all, article 115 of the Criminal Law stipulates the crime of explosion, and whoever causes serious injury or death by means of explosion or causes serious damage to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. In "The Beginning", the woman who takes the bomb to the bus in an attempt to retaliate against society by blowing up the bus is enough to endanger public safety and endanger the lives of unspecified or majority people.
In addition, for the crime of explosion, as long as the perpetrator commits the explosion, endangers public safety, and has not yet caused serious consequences, all the elements of the crime of explosion are met, that is, it is completed. If it causes serious injury, death or causes significant damage to public or private property, the penalty shall be aggravated by article 115 of the Penal Code as a result of the offence of explosion. Therefore, in "The Beginning" regardless of whether the bomb exploded or not, the woman and the driver of the end pot constituted the completion of the crime of explosion; in the final cycle, Li Shiqing and Xiao Heyun successfully rescued all the passengers in the car, but the police officer Lao Zhang unfortunately died, which belonged to the explosion caused death, and the driver and the end pot woman constituted an aggravated crime of explosion, and should be given a heavier punishment.
Secondly, there is a conspiracy between the driver and the woman in the pot, and there is a subjective intention connection between the two. In fact, in the first few episodes, Li Shiqing exhausted various methods but could not get out of the car, and he could also glimpse that there was a certain problem with the driver. Buses can generally only get off at the stop, but special treatment can be carried out in emergency situations, but Li Shiqing tried various ways to prevent it, and was only allowed to get off when he framed Xiao Heyun as a sex wolf, which is also related to the driver's past experience and the subjective purpose of the explosion. The two men's common crime deliberately makes their actions related to each other, tacit understanding, and combine to become a unified explosion crime, which together lead to the occurrence of the explosion result.
Opening the Beginning from the Perspective of the Code of Criminal Procedure
First of all, the public security organs may detain current criminals or major suspects if there is a possibility of destroying or fabricating evidence or colluding in confessions, or if there is a serious suspicion of ganging up to commit a crime. In "The Beginning", the two protagonists are caught in a mysterious cycle, telling the truth but unable to gain the trust of the police, but are "preparing for drug tests" over and over again. From the police's point of view, the testimony of the two is strange and chaotic, and there is a great possibility of collusion, which can lead to the detention of the two.
After criminal detention, the investigative organ will review the case, if the facts of the crime have been clarified, the evidence in the case is credible and sufficient, the public security organ will transfer it to the procuratorate at the same level together with the case file materials and evidence to decide whether to prosecute, and if it is found that the criminal suspect should not be held criminally responsible, the case will be withdrawn, immediately released, and a release certificate will be issued.
The maximum period of detention is 37 days. After the expiration of the period, the relevant organs will decide what compulsory measures to take (arrest, release on guarantee pending further investigation, residential surveillance) according to the circumstances.
Where public security organs find it necessary to arrest a detained person, they shall submit it to the people's procuratorate for review and approval within 3 days of their detention. The people's procuratorate shall make a decision to approve the arrest or not to approve the arrest within 7 days of receiving the public security organ's request for approval of the arrest.
Second, the interrogation of criminal suspects must be carried out by investigators from the people's procuratorate or public security organs. At the time of interrogation, there shall be no fewer than two investigators. We also see in the play that both Li Shiqing and Xiao Heyun were interrogated by two people.
The duration of the summons or custodial summons must not exceed 12 hours; where the circumstances of the case are particularly serious or complex, and it is necessary to employ detention or arrest measures, the duration of the summons or custodial summons must not exceed 24 hours. Criminal suspects must not be detained in disguised form in the form of continuous summonses or custodial summonses. Summoning or detaining a criminal suspect shall ensure the criminal suspect's diet and necessary rest time. Therefore, the "fierce" interrogation method of the Xiaojiang police is actually not illegal, but on the contrary, it is an effective means.
Finally, "preparing for drug testing" has become a hot stem, in fact, from the provisions of article 130 of the Criminal Procedure Law, in order to determine some characteristics, injuries or physiological states of victims and criminal suspects, the person can be examined, fingerprint information can be extracted, and biological samples such as blood and urine can be collected. Therefore, when the police questioned the mental condition of Li Shiqing and Xiao Heyun, they would take the form of drug tests to check them.
Returning to the title, "The ultimate love is a shared crime", this sentence comes from the Japanese drama "For N", in which the heroine Sugishita told Nishizaki that she believes that the ultimate love is a common crime - not a joint crime, but to share his crime with the other party. Don't ask anything, don't say anything, as long as you need help, I will rush to your side and reach out to you. Whether it is Xiao Heyun's wrong hand to kill people in order to protect Li Shiqing at the end of the eighth episode, or the driver and his wife conspired to commit crimes for their daughter, it is actually a facet reflection of love in human nature.