The young man robbed with a knife and wanted to go to jail to deal with "social terrorism", and the Shanghai procuratorial organs made a decision not to approve the arrest

The Paper's senior reporter Li Jing correspondent Jiang Yunfen

"I went to rob just to come in and go to jail and heal." Wang Xin, a young man sitting across the interrogation table, spoke surprisingly, but the procurator who had learned about the case in advance knew that behind Wang Xin's words was the confusion and struggle of suffering from mental illness.

"Social terror" guys rob convenience stores just to be able to "go to jail"

During the interrogation, Wang Xin said that he had serious "social fears."

"I'm always thinking wildly, I can't stop thinking, thinking about things is very complicated, my brain is very chaotic, and I am also disgusted with people around me, I feel very noisy..." Wang Xin described his condition. Previously, Wang Xin was an apprentice in a barbershop, and he could learn technology and eat and live. However, because of his illness, Wang Xin was always unable to concentrate on studying, his progress in work was very slow, and he could not make money. This undoubtedly made him, who was already troubled by his illness, even more depressed and wanted to flee. "So I wanted to go to jail so I could temporarily escape everything from the outside world, from the crowd," he said. ”

On the evening of the day before the Spring Festival in 2021, Wang Xin began to implement his plan to go to prison. He carried a fruit knife with him, found a small convenience store that few people visited, and prepared to start "robbing". Surveillance video shows that after taking a cigarette handed to him by the convenience store owner, he timidly took two steps back before taking the knife in his pocket and waving it casually next to him as a "threat." After doing this set of actions, Wang Xin said to the boss: "I rob, you quickly call the police." The boss thought he was joking and ignored him. Wang Xin had no way, simply took a cigarette and walked outside the door, the boss saw the situation and beckoned him to come back to pay, he "obediently" walked back to the store, and once again said to the boss: "I robbed, you call the police!" The boss still ignored it, and casually took the cigarette in Wang Xin's hand and put it back on the shelf. In desperation, Wang Xin could only call the police at the door of the store and surrender himself.

After Wang Xin was arrested, the judicial organs asked a professional appraisal agency to conduct a psychiatric examination of him. The results of the examination are consistent with the results of Wang Xin's self-examination in early 2019, he suffers from "mixed anxiety disorder", and often thinks wildly and feels irritable.

The appraisal results found that Wang Xin had the capacity to limit criminal responsibility for the case and also had the ability to be tried, and in March 2021, the public security organs requested the Songjiang District People's Procuratorate to approve Wang Xin's arrest.

Based on the opinions of many parties, the procuratorial organs made a decision not to approve the arrest

According to the evidence in the case, Wang Xin's actions were indeed enough to constitute the crime of robbery. But locking it up in a high wall will really solve the problem?

The procurator in charge consulted the experts who conducted the psychiatric evaluation for Wang Xin. Experts said that in the communication with Wang Xin, it was found that Wang Xin had clear consciousness, concentrated attention, answered questions to the point, thought coherently, was emotionally stable, and had appropriate emotional responses. Although Wang Xin's control ability was weakened by the influence of psychiatric symptoms, no psychotic symptoms such as hallucinations and delusions were found, and there was no abnormality in intelligence, which was still mild. Experts believe that in Wang Xin's current situation, it is unlikely to make extreme behaviors that harm others or hurt himself, and for such patients, social care, family care and targeted scientific treatment are more conducive to the improvement of the disease.

With the approval of experts, prosecutors are more confident about Wang Xin's decision not to approve the arrest, but to avoid the self-harm or injury they fear, wang Xin's father, Wang Cheng, is needed.

Wang Cheng said that his son Wang Xin has been resisting dealing with people since his illness, and the same is true for his family. Previously, he thought that Wang Xin had been taking medicine and tried to minimize meetings to disturb him, so he failed to stop Wang Xin's wrong behavior in time. Wang Cheng further said that if the procuratorial organs make a decision not to approve Wang Xin's arrest, he will definitely spend energy to take good care of Wang Xin and perform his father's duties well.

At the same time, the Prosecutor consulted the victims. He said that he did not regard the incident as a robbery at all, and did not feel threatened from the beginning. The victims therefore agreed to issue a letter of understanding.

In response to such a complex case, the procurator undertaking the case invited people's supervisors to participate in public hearings and reviews in accordance with legal procedures to hear the opinions of the public. The people's supervisors unanimously held that with Wang Xin's current mental condition, social and family help is necessary, and it is more appropriate to take non-custodial compulsory measures against Wang Xin.

In March 2021, the procuratorial organs made a decision not to approve Wang Xin's arrest after considering various considerations, and the public security organs changed Wang Xin to a compulsory measure for release on guarantee pending further investigation.

The guy hopes to have a chance to reform himself

During the public hearing, the procurator also worked with the people's supervisors to study and discuss the issue of Wang Xin's whereabouts after he was released on guarantee pending further investigation. One of them, a people's supervisor from the Shanghai Association of Social Workers, said that he could introduce Wang Xin to volunteer work in a hospital and ask him to provide volunteer help for medical personnel to use smart phones to make appointments and register in the hospital.

The procurator also contacted a special psychology expert to conduct psychological counseling for Wang Xin many times to help him correctly face his illness and receive scientific treatment.

After communicating with Wang Xin, he accepted psychological help from work and profession.

In order to ensure the effect, procurators, professional psychologists, medical personnel, and volunteers set up a "Wang Xin Case Work WeChat Group" to keep abreast of Wang Xin's work performance and mental condition, and dynamically adjust the measures for Wang Xin's help and education according to the situation.

In June 2021, the case was transferred for review for prosecution. The procurator in charge of the case interrogated Wang Xin again. In this interrogation, Wang Xin's performance was the same as that of the previous sentence. He said he was fully aware of his absurdity and mistakes and hoped that the procuratorate would give him a chance to reform himself.

Wang Xin's criminal conduct is a "minor criminal circumstance" in a felony case, and the procurator conducts a comprehensive assessment of Wang Xin's criminal conduct from the aspects of the motive for committing the crime, the means of committing the crime, and the harmful consequences, and finds that Wang Xin's subjective malignancy is not large, the social harm of the criminal act is relatively small, and there are statutory and discretionary mitigating circumstances such as voluntary surrender, plea circumstances, and obtaining the victim's forgiveness, also because a person with limited criminal responsibility capacity may be given a mitigated or mitigated punishment in accordance with law, and meets the conditions for not arresting or not prosecuting, and intends to make a decision not to prosecute Wang Xin.

After another public hearing and review, the procurator undertook the case to hear the opinions of people's supervisors, investigative organs, and other parties to ensure that the decision not to arrest or prosecute a felony case conforms to the social cognition of ordinary people and is generally recognized by society. In the end, the people's supervisors, investigative organs, victims, and other parties all agreed to make a decision not to prosecute Wang Xin.

After a decision not to prosecute has been taken

After wang xin made the decision not to prosecute, the procurator in charge of the case talked with Wang Xin again and gave him full legal explanation and reasoning and legal education, so that he realized the seriousness of the law and avoided taking chances in the law because of the decision not to arrest and not prosecute.

Wang Xin said that he has fully realized the harm of his actions and sincerely confessed and repented. The procurator also fully communicated with his father, Wang Cheng, who promised that he would do his best to perform his guardianship duties and accompany Wang Xin back to normal life.

At this point, the social relations damaged by Wang Xin's criminal behavior have been effectively repaired, and this absurd robbery case has finally been settled. Up to now, the procurator in charge of the work group continues to pay attention to Wang Xin's growth through the WeChat work group, and provides advice and necessary help for his study, employment and treatment. Volunteers and caring people in the work group also continued to find a way out for Wang Xin's subsequent life, applying for relevant subsidies for him, taking him to the Open University to consult the majors that could be applied for, and contacting him to learn technology and crafts.

(The characters in this article are pseudonyms)

Responsible Editor: Gao Wen Photo Editor: Hu Mengxi

Proofreader: Liu Wei