1. Guo Moumou's attack on the police (Yinan Procuratorate And Punishment No. 26 [2021])
Brief introduction of the case: At about 2 o'clock on June 6, 2021, guo Moumou, who was not prosecuted, had a dispute with the taxi driver after drinking, and after the driver called the police, the police took the two sides to the Jiudushan police station. Because Guo XX was in a drunken state, the police officers on duty, He XX, Chen XX and others were ready to take him to the case-handling area to sober up, and Guo XX could not afford to rely on the ground in the process, and scratched the left wrist of the police officer Chen XX. Subsequently, Guo Moumou stood up from the ground and punched the police officer He Moumou with his right hand. After identification, Chen X's blunt instrument caused skin abrasions on the left wrist did not constitute a minor injury; He X's blunt instrument caused the left clavicle soft tissue injury, which did not constitute a minor injury. According to the appraisal of the Forensic Evaluation Center of the Second Xiangya Hospital, Guo Moumou was diagnosed with bipolar disorder and had full criminal responsibility capacity when committing harmful acts in this case.
Reasons for non-prosecution: Guo X, the person not prosecuted, has committed the acts provided for in paragraph 5 of article 277 of the Criminal Law of the People's Republic of China, the circumstances of the crime are minor, there are circumstances of confession, admission of guilt and acceptance of punishment, and there is no intentional criminal record within five years, according to the provisions of article 37 of the Criminal Law of the People's Republic of China, punishment may be waived. In accordance with the provisions of the second paragraph of article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Guo.
2. Tang Moumou's attack on the police (Hupu Procuratorate And Punishment No. 280 [2021])
Brief introduction of the case: At about 17:30 on April 20, 2021, when the non-indicted person Tang XX rode a shared bicycle to the intersection of ** Road ** Road in Pudong New Area, Shanghai, because he had crossed the highway and did not get off the car to carry out illegal acts, he was seized by the police officer Li XX and auxiliary police officer Zhao XX of the ** police station who carried out traffic rectification at the place. In the process of punishment, the person who was not prosecuted, Tang XX, was anxious to leave with an incorrect understanding of the instructions of the police officer Li XX, Li XX grabbed Tang's arm to block it, and Tang XX kicked Li XX's leg several times, causing soft tissue damage to Li XX's legs. After forensic identification, the assessee Li Moumou caused bilateral thigh injuries due to external force, which did not constitute minor injuries. On the afternoon of April 20, 2021, Tang Moumou, the person who was not prosecuted, took the initiative to call the police and waited for the police at the scene, and truthfully confessed the above criminal facts after arriving at the case.
Reasons for non-prosecution: Tang X, the person not prosecuted, has committed the acts provided for in paragraph 5 of article 277 of the Criminal Law of the People's Republic of China, but the circumstances of the crime are minor, and the provisions of article 15 of the Criminal Procedure Law of the People's Republic of China are applicable; if there is a voluntary surrender, the provisions of the first paragraph of article 67 of the Criminal Law of the People's Republic of China are applied; there is no previous criminal record, he is a first-time offender or an occasional offender, he has a good attitude of admitting guilt and repentance, and according to the provisions of article 37 of the Criminal Law of the People's Republic of China, there is no need to impose a criminal punishment. In accordance with the provisions of the second paragraph of article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Mr. Tang.
3. Cao Moumou's attack on the police (Huyang Procuratorate And Punishment No. 133 [2021])
Brief introduction of the case: At about 9:15 on August 1, 2021, when the non-prosecuted person Cao XX was driving an electric bicycle near ** Road and ** Road in Yangpu District, yangpu District, the city, he was investigated and punished by the police officer On Duty Zhang XX for not wearing a safety helmet in accordance with the regulations, and Cao XX wanted to accelerate his escape and was stopped by Zhang XX, and then refused to cooperate, biting the right arm of the police officer Zhang XX and scratching the index finger of his right hand. After appraisal, Zhang Moumou's injury did not constitute a minor injury. Cao Moumou, who was not prosecuted, was arrested on the spot, confessed to the facts of the crime after arriving at the case, and has now compensated the murdered police and obtained forgiveness.
Reasons for non-prosecution: Cao X, the person who was not prosecuted, violently attacked the people's police who was lawfully performing their duties, and committed the acts provided for in paragraph 5 of article 277 of the Criminal Law of the People's Republic of China, but the circumstances of the crime were minor. The person not prosecuted, Cao X, who admits guilt and accepts punishment, may be given a lenient treatment in accordance with article 15 of the Criminal Procedure Law of the People's Republic of China. If Cao X, the person who is not prosecuted, can truthfully confess his crime after arriving at the case, he may be given a lenient punishment in accordance with the third paragraph of article 67 of the Criminal Law of the People's Republic of China. The person not prosecuted, Cao XX, is a first-time offender or an occasional offender, and the circumstances of the crime in this case are minor, and according to article 37 of the Criminal Law of the People's Republic of China, the person who is not prosecuted, Cao XX, does not need to be sentenced to criminal punishment. In accordance with the second paragraph of article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Cao.
Case Summary of the Case of Yuan X's Attack on the Police (Hubao Procuratorate Punishment No. [2021] No. 202) Case Brief: At about 14:00 on June 7, 2021, the non-prosecuted person Yuan X drove an unlicensed electric three-wheeled vehicle with a passenger to the intersection of ** Road ** Road, ran a red light from north to south, and was stopped by Zhang XX of the Songnan Police Station who was driving a motorcycle patrol for investigation and punishment. In order to evade punishment, Yuan xxx forcibly crashed into Zhang xxx's motorcycle, disregarded Zhang xxx's interception action of grabbing the side railing of his vehicle and issued a parking command, drove an electric tricycle tow Zhang xxx for more than 100 meters and then caused him to fall to the ground, causing Zhang xxx's body surface skin abrasions, gumbed bleeding, etc., which were identified as constituting minor injuries. Yuan Moumou, who was not prosecuted, was arrested by public security personnel on June 7, 2021, and truthfully confessed the above criminal facts after arriving at the case. On June 23, 2021, the person not sued compensated the victim Zhang X with RMB 15,000 and obtained an understanding.
Reasons for non-prosecution: The person not prosecuted, Yuan X, has committed the acts provided for in paragraph 5 of article 277 of the Criminal Law of the People's Republic of China, but the circumstances of the crime are minor, he has reached the age of 75, admits guilt and accepts punishment, confesses, is a first-time offender or an occasional offender, has made compensation and obtained forgiveness, and does not need to be sentenced to criminal punishment in accordance with the provisions of articles 17-1, 37, and 67, paragraph 3 of the Criminal Law of the People's Republic of China. In accordance with the provisions of Article 15 and Paragraph 2 of Article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Mr. Yuan.
5. Yan X's attack on the police (Huhuang Procuratorate Punishment No. 116 [2021])
Brief introduction of the case: Yan Moumou, the person who was not prosecuted (Editor's Note: a college student), had a dinner party with friends at the Infinitus Club Shopping Center, No. 168 Hubin Road in the city on the evening of June 26, 2021, during which he drank a lot of alcohol to the point of drunkenness. At 20:00 that night, Xu Yan went to the B1 floor of the mall, insulted and shoved the mall security for no reason, and the security guard asked zhao xx and Wu xx, who were on duty, and asked for help from the police officers of the Shanghai Municipal Public Security Bureau SPECIAL Police Corps. After the police arrived at the scene, the person who was not prosecuted, Yan XX, was dissuaded, Yan did not listen to the dissuasion, punched the police officer Wu XX's arm, and ignored the police warning, tried to attack the police again, the two policemen then went forward to control Yan XX, in the process, Yan XX bit the thigh of the policeman Zhao XX, scratched the hands of the police Zhao XX and Wu XX, and was subdued by the police. After the Shanghai Municipal Public Security Bureau's forensic evidence appraisal center issued an appraisal confirmation: the injuries of police officers Zhao XX and Wu XX do not constitute minor injuries. After the incident, Yan Moumou apologized to the two policemen with the help of his family and obtained the understanding of the two policemen.
Reasons for non-prosecution: Yan X has committed the act of paragraph 5 of article 277 of the Criminal Law of the People's Republic of China, but the circumstances of the crime are minor and there are truthful confessions, and according to the provisions of article 37 of the Criminal Law of the People's Republic of China, the criminal punishment may be waived and reprimanded. In accordance with the provisions of the second paragraph of article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Yan X.
6. Chen XX's attack on the police (Huyang Procuratorate And Punishment Non-Prosecution [2021] No. 59) Case Summary: At about 9 o'clock on March 10, 2021, the non-prosecuted person Chen XX was about 120 meters west of ** Road in Yangpu District, Yangpu District, this city, and was stopped and punished by the police officer Feng XX who was performing his duties there for violating traffic lights, and was punished by the non-prosecution person Chen XX who did not obey the punishment and punched and kicked the policeman Feng XX. After appraisal, the degree of injury of the victim, Feng X, did not constitute minor injuries. After appraisal, the appraised person, Mr. Chen, suffers from undifferentiated schizophrenia, and the disease at the time of the case and the current illness is in a period of incomplete remission; the case should be assessed as a capacity to limit criminal responsibility; and has the ability to be tried. Chen Moumou, who was not prosecuted, was arrested by the police on the spot at the scene of the crime, and after he arrived at the case, he truthfully confessed the above criminal facts. After the incident, the person who was not prosecuted, Chen XX, had compensated the murdered policeman Feng XX through his family and had obtained forgiveness.
Reasons for non-prosecution: Chen X, the person who was not prosecuted, violently attacked the people's police who was performing his duties, and committed the acts provided for in paragraph 5 of article 277 of the Criminal Law of the People's Republic of China, but the circumstances of the crime were minor. Chen X, the person not prosecuted, who admits guilt and accepts punishment, may be given a lenient treatment in accordance with article 15 of the Criminal Procedure Law of the People's Republic of China. The person being not prosecuted, Chen X, is a mentally ill person who has not completely lost the ability to identify or control his own conduct, and according to the third paragraph of article 18 of the Criminal Law of the People's Republic of China, the punishment may be mitigated or mitigated. Chen X, who is not prosecuted, truthfully confesses his crime after arriving at the case, may be given a lenient punishment in accordance with the third paragraph of article 67 of the Criminal Law of the People's Republic of China. According to Article 37 of the Criminal Law of the People's Republic of China, punishment may be waived. In accordance with the provisions of the second paragraph of article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Mr. Chen.
7. Zhu X's attack on the police (Hupu Procuratorate And Punishment No. [2021] No. 530)
Brief introduction of the case: At about 21:00 on July 18, 2021, Lu X called the police and was beaten by Zhu X for no reason while driving the unindicted person Zhu X home, and was chased and beaten by Zhu after stopping at the intersection of ** Road ** Road in this city. In the process of receiving the report to the police at the scene of the Pudong Public Security Substation**, Ma XX, a police officer of the Pudong Public Security Substation, was slapped on the left side of the face by the non-prosecuted person Zhu XX, and after the police reinforcement, the non-prosecuted person was summoned to the ** police station for further investigation. After appraisal, the facial injury of the victim, Ma X, did not constitute a minor injury. After the person who was not prosecuted, Zhu X, confessed to the above-mentioned criminal facts after coming to the case. Compensation and forgiveness will be granted to victims on 29 July 2021.
Reasons for non-prosecution: Zhu xxx committed the act of paragraph 5 of article 277 of the Criminal Law of the People's Republic of China, and in view of the fact that Zhu xxx is a first-time offender or an occasional offender, has confessed the circumstances, has compensated and obtained the victim's forgiveness, and the circumstances of the crime are minor, according to article 37 of the Criminal Law of the People's Republic of China, there is no need to impose a criminal punishment, and in accordance with the provisions of article 15 and article 177, paragraph 2 of the Criminal Procedure Law of the People's Republic of China, it is decided not to prosecute Zhu xx.
8. Liu Moumou's attack on the police (Kun procuratorate no. 1 criminal non-prosecution [2021] Z4)
Brief introduction of the case: On the evening of December 14, 2020, after the non-prosecuted person Liu XX drove to the **** community in Kundulun District, Baotou City after drinking, due to drunken unconsciousness and a dispute with the taxi driver, the taxi driver called the police, and after the Kunming District Traffic Management Brigade police arrived at the scene, in accordance with the law, it was planned to take liu XX and the taxi driver back to the Kunqu District Traffic Management Brigade for investigation and handling, and during the process of the police driving, the non-prosecuted person Liu XX sat on the back seat of the police owner driving, With a kick, Ma Moumou, a police officer who was driving a police car, hit his head four or five times, causing the victim to suffer mild closed head injury. After the incident, the person not prosecuted actively compensated the victim and the taxi driver for their losses, and obtained the forgiveness of the victim and the taxi driver.
Reasons for non-prosecution: The conduct of the person not prosecuted, Liu X, has violated the provisions of the fifth paragraph of article 277 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and he shall be investigated for criminal responsibility for the crime of attacking the police. After being summoned to the case by telephone, Mr. Liu truthfully confesses the facts of the crime, and according to the provisions of article 67 of the Criminal Law of the People's Republic of China, he surrenders voluntarily and may be given a mitigated or mitigated punishment; Mr. Liu voluntarily admits guilt and accepts punishment and has a good attitude of repentance, and according to the provisions of article 15 of the Criminal Procedure Law of the People's Republic of China, he may be given a lenient treatment in accordance with law; Mr. Liu actively compensates the victim for losses and obtains the victim's forgiveness, and may be given a lenient punishment as appropriate. Combined with the illegal acts carried out by Liu X after getting drunk, its subjective malignancy is not large, it does not cause particularly serious harmful consequences, the social danger is small, and it is a first-time offender or an occasional offender, so it is decided not to prosecute Liu X according to relevant laws and regulations.
Source: 12309 China Prosecutor's Network
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