"Since they were beating each other up, why did they only detain me and not him?" Xiao Zhao, who drives a truck, and Xiao Qiang, who rides an electric car, have a verbal altercation due to robbery, which then develops into a mutual beating, Xiao Zhao was detained for 15 days and fined 1,000 yuan, and Xiao Qiang was not detained. Xiao Zhao was not satisfied and sued the court, demanding that Xiao Qiang be detained.
(Source: Jinzhou Intermediate People's Court)
On the day of the incident, Xiao Zhao drove a van through the non-motorized road, almost colliding with Xiao Qiang, who was riding an electric vehicle normally, and Xiao Qiang, who was frightened, muttered a few words.
Xiao Zhao and his father Lao Zhao, who was sitting in the co-pilot, were not good stubble, and the two also began to insult Xiao Qiang.
Xiao Qianglu was angry and directly parked the electric car in front of the truck and stopped Xiao Zhao's truck.
Then, Xiao Qiang jumped out of the car and walked to the passenger door of the truck, scolding Xiao Zhao's father and son while slapping the body of the car with his hand.
Immediately after, Xiao Zhao's father and son also got out of the car, and the three of them had a physical conflict, during which Xiao Zhao kicked Xiao Qiang, and Old Zhao also kicked Xiao Qiang's abdomen.
After Xiao Qiang was injured and fell to the ground, he was sent to the hospital for hospitalization, according to hospital data, Xiao Qiang's head injury, chest injury, CT examination report showed that the right side of the 4th rib fracture, judicial appraisal confirmed that the degree of Xiao Qiang's injury was a minor injury.
The public security organs determined that Xiao Zhao and Xiao Qiang were fighting each other that day, Xiao Zhao was detained for 15 days and fined 1,000 yuan by the public security organs for intentionally injuring others, and Xiao Qiang was fined 200 yuan for obstructing the normal operation of the vehicle.
Unsatisfied, Xiao Zhao sued the court, demanding that the punishment decision made against him be revoked and Xiao Qiang detained in accordance with the law.
Xiao Zhao's reasons are twofold:
1. Xiao Zhao believes that on that day, Xiao Qiang first stopped his own truck and slapped his own car, and his father and son got out of the car and had a tearing with Xiao Qiang, in order to protect the car he was being infringed on, to protect his legitimate interests, it was legitimate defense, and he should not be punished.
2. Since the facts identified in the punishment decision are that his father and son and Xiao Qiang beat each other, Xiao Qiang should also be punished by detention. However, the public security organs only fined Xiao Qiang 200 yuan for obstructing traffic, and did not detain him, and the law was applied incorrectly.
So, legally speaking, do you think Xiao Zhao is right?
The Law on Punishment for Administration of Public Security stipulates that whoever beats another person or intentionally injures the body of another person shall be detained for not less than five days but not more than ten days, and shall also be fined between 200 and 500 yuan;
Where the circumstances are less serious, they shall be detained for not more than five days or fined not more than 500 yuan;
Those who gang up and beat or injure others shall be detained for not less than 10 days but not more than 15 days, and shall also be fined not less than 500 yuan but not more than 1,000 yuan.
In this case, Xiao Zhao's father and son beat Xiao Qiang, which belonged to the gang that provided for in this article to beat and injure others, and Xiao Qiang's injury reached the severity of a minor injury, and a minor injury was a minor injury of grade 2, and once it reached a minor injury of grade 2, it constituted the crime of intentional injury.
Therefore, Xiao Zhao beat Xiao Qiang into a slight injury, only one step away from the crime, or gang beating, the police believe that the circumstances are more serious, giving him 15 days of detention and a fine of 1,000 yuan is not inappropriate.
Does Xiao Zhao's actions constitute legitimate defense as he says he does?
The Interpretation of Relevant Issues of the Public Security Administration Punishment Law (II) stipulates that acts of provoking and deliberately provoking others to infringe on themselves in advance, and then infringing on others in the name of stopping illegal infringements, as well as acts of fighting with each other, shall be punished by public security administration.
Specific to this case, although Xiao Qiang had the act of slapping Xiao Zhao's car, from the cognition of ordinary people, the act of slapping the car with bare hands obviously did not have the urgency of using violence to stop it, and Xiao Zhao's father and son and Xiao Qiang were mutually beaten, which obviously did not meet the conditions for legitimate defense.
As mentioned above, the public security organs have determined that the two sides are beating each other, why didn't They detain Xiao Qiang for beating others, but fined him 200 yuan for obstructing traffic?
According to the provisions of the Public Security Administration Punishment Law, as long as the act of beating or intentionally injuring others is committed, even if the circumstances are light, they must be detained for at least five days or fined not more than 500 yuan, and Xiao Qiang should indeed be detained.
However, the Administrative Punishment Law also stipulates that where the first violation of the law and the harmful consequences are minor and the correction is made in a timely manner, administrative punishment may not be granted.
Specific to this case, the reason why Xiao Qiang and Xiao Zhao's father and son quarreled, and then triggered mutual beatings, was because when Xiao Zhao drove a motor vehicle to a non-motor vehicle, he did not avoid it in accordance with the regulations and almost collided with Xiao Qiang, which was a cause.
At the same time, Xiao Qiang's act of slapping the truck did not damage the truck, and Xiao Zhao's father and son were not injured, and it was not wrong to identify it as a minor harm.
Obviously, the police handling the case believed that Xiao Qiang's behavior was in line with the situation of breaking the law for the first time and the harmful consequences were minor, so xiao Qiang was not detained.
So, why was Xiao Qiang fined 200 yuan?
The Law on Public Security Administration Penalties stipulates that whoever illegally intercepts a motor vehicle and affects the normal operation of the means of transport shall be given a warning or a fine of not more than 200 yuan; if the circumstances are more serious, he shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan.
Although Xiao Qiang's behavior of beating others was relatively minor, his act of driving an electric vehicle to block Xiao Zhao's normal driving truck obviously hindered the normal operation of the truck, and should be regarded as illegal interception of the motor vehicle, so the police fined him 200 yuan on the grounds of obstructing traffic.
After the trial, the court held that through the video recording, it can be found that Xiao Zhao did not calmly handle the road dispute, and his act of taking the initiative to meet and crack down on it was not out of defensive intent.
The public security organ considers the degree of fault of the two parties, and there is no improper treatment of the punishment of the parties differently.
In the end, the court ruled to dismiss all of Xiao Zhao's claims. Xiao Zhao appealed, and the second instance upheld the original judgment.
It was originally a small traffic travel contradiction, and finally it was a fine and detention, so why bother?
This case once again reminds us that we must travel in a civilized manner, mutual understanding and mutual accommodation, and road rage should not be tolerated!
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