"My mother can't read, so why did the village chief lie to her?" Shaanxi Yulin, Guo Mou and his mother in the village director election meeting, saw the mother holding the staff to help write the ballot, asked the mother who to choose, the mother said that the election is Li Mou, but the optional vote is written on the Bai. Guo went to question why the staff did not choose according to his mother's wishes and coaxed the illiterate old man. The village accountant immediately snatched the ballot in the old man's hand and threw it into the ballot box.
Guo was very annoyed and pulled the ghostwriting staff away and strangled his neck, pushed down the election box placed, and tore it still on the ground, and smashed the window of a house in the village department with a wooden plank on the table to abort the election. In the end, Guo was sentenced to 1 year and 6 months in prison for suspected election sabotage. (Source Judgment Documents Network)
#Dharma Ritual Statement#
To tell the truth, Guo Mou really suffered a loss this time on the impulse. Originally, he was the most reasonable party, his mother was coaxed by the staff to choose the village director who should not be elected, in the face of such a problematic election, he could take a legal and reasonable way to protect his mother's right to vote, but he was too impulsive to smash the ballot box and beat the electors. One yard to one yard, he goes from reasonable to unreasonable, and he must be punished if he should be punished.
The Criminal Law stipulates that when electing deputies to people's congresses at all levels and leaders of state organs, they use violence, threats, deception, bribery, falsification of election documents, false declaration of electoral votes, etc., to sabotage elections or obstruct voters and deputies from freely exercising their right to vote and to be elected, if the circumstances are serious, constitute the crime of sabotage of elections, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights.
Although Guo mou in this case questioned the existence of a shady scene in the election of the village chief, from the objective constituent elements of the crime of sabotage of the election, he did constitute a crime. Because the law clearly stipulates that it is a crime to use violence and other means to obstruct the conduct of elections.
Guo violently destroyed election equipment and beat election workers, which were evidenced by witnesses at the scene and the destroyed equipment, and the court found that he constituted the crime of sabotage of elections.
Some people have questioned whether the provisions of this crime are for the election of people's congress deputies, while Guo mou only destroyed the meeting of the village chief.
However, judging from the content of the judgment, the election of villagers' committees was carried out under the organization of the higher level on the re-determination of the number of people's congress deputies, that is to say, the election of village chairmen is likely to be a link in the entire election activities, so this is in line with the law.
In this case, I think that one yard to one code, Guo mou was found guilty of a crime for sabotaging the election, but his mother was tricked into choosing the wrong person, and the election that was not carried out according to the voters' will must also be ascertained, whether there are a large number of acts such as forging ballots, once verified as true, not only is the re-election of the village director invalid, but the relevant personnel must also pursue the criminal responsibility for sabotaging the election according to law. #普法行动 #
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