Wang Sicong's beating intensified.
The incident arose from a notification dated 12 January. According to the news of the "police-citizen through train", at 4:40 on January 11, four people, Wang Moumou, Sun Moumou, Wei Moumou and Yu Moumou, mistakenly thought that Chen Moumou, who was waiting on the side of the road, took pictures of him, and the two sides quarreled because of this, and then Wang Moumou and Sun Moumou punched Chen Moumou in the face, causing Chen Moumou to be injured and fall to the ground.
Originally, according to relevant laws and regulations, Wang Moumou and Sun Moumou were to be administratively detained for 7 days and fined 500 yuan, but because Wang Moumou and four others submitted an administrative reconsideration of the punishment decision, the four people were suspended from administrative detention, and the subsequent implementation will be carried out according to law according to the results of the administrative reconsideration.
After the release of the report, some netizens soon speculated that "Wang Moumou" was Wang Sicong, because Wang Sicong was born in 1988 and is just 34 years old this year, the right age. At noon on January 12, the new media "Emergency Call" under the Beijing News published an article saying that through authoritative information, it was learned that Wang Moumou, who confirmed that the beating was Wang Sicong.
After that, various rumors about Wang Sicong continued, some people said that they lost 2 million to the beaten and settled, and some people said that they lost 2.09 million, and even similar to the previous situation, Wang Sicong's circle of friends appeared again, the text was "New Year and 209W Reconciliation", there are many likes below, it looks very fake.
So looking at this incident, is it possible to settle the matter and how much money will be lost, and what kind of punishment will Wang Sicong accept? We consulted lawyer Zhang, who specializes in civil cases at a law firm in Shenzhen, and asked him to interpret them one by one for your reference.
1. The case has been determined, and Wang Sicong does not need to bear much responsibility
Lawyer Zhang said that judging from the circular, the facts are clear, the case is simple, and there is no dispute, that is, a very simple incident of beating and injury, a common civil dispute.
Because the beaten person only had a nasal bone fracture, facial contusion and contusion, and was assessed as a minor injury, it was not listed as a criminal case, but was punished according to the Public Security Administration Punishment Law, and it was "administrative detention", which is different from ordinary criminal acts, even if administrative detention is carried out, Wang Sicong will not leave a record of the case. And applying for administrative reconsideration is also a normal judicial process, there is nothing to question. Lawyer Zhang also stressed that in general, such simple civil disputes will generally not be changed or further resentenced after characterization, so the most they can be administrative detention.
2. The compensation of 2.09 million is basically a rumor, and it is of little significance to lose money and settle
The reason why there are rumors that Wang Sicong will compensate 2 million or 2.09 million yuan and is believed by netizens is because in everyone's cognition, as long as the two sides reconcile, the beaten party "does not sue", and the beating party has nothing to do and can not be detained.
But Mr. Zhang gave a professional legal interpretation. He said that if after the beating, the two sides can negotiate and settle before the public security organ clarifies the administrative detention punishment.
But this time Wang Sicong, the police have given the results of the administrative detention punishment, and announced through social platforms that in this case, even if the two parties settle, they cannot withdraw the case and not be detained, but they can file administrative reconsideration and administrative litigation (so Wang Sicong filed an administrative reconsideration). Follow the prompts at the end of the decision, apply for administrative reconsideration to the administrative organ at the level above or the people's government at the same level within 60 days of receiving the decision, or file an administrative lawsuit with the people's court within 6 months.
At the same time, lawyer Zhang believes that since the settlement can no longer change the result of the administrative detention punishment, then Wang Sicong is unlikely to be the "wronged leader" to compensate such a high amount of more than 2 million, and if the two parties fail to settle before the punishment result comes out, then the amount of compensation that may eventually be paid will not be too much, generally medical expenses, mental damage expenses and lost work expenses, which will definitely not reach 2 million.
3. It is very likely that they will be administratively detained
Lawyer Zhang said that because the facts of the beating are clear and the public security organs have already characterized and given corresponding punishments, although Wang Sicong applies for administrative reconsideration, it is generally difficult to change the final result, and it is very likely that Wang Sicong will still be administratively detained after the administrative reconsideration period. Moreover, after the beating was publicly reported, it has set off public opinion and been hotly discussed by netizens, and under such circumstances, the relevant departments will more strictly enforce the punishment results, so it is difficult for Wang Sicong to escape administrative detention.
4. Where is the detention?
If Wang Sicong is really detained, he will be in the detention center of the public security organ that issued the verdict, and will not be sent to the detention center. At present, Wang Sicong applies for administrative reconsideration, he needs to put forward a guarantor with the specified conditions, or pay a deposit according to the standard of 200 yuan per day of administrative detention, and the punishment decision of administrative detention is suspended, so that if Wang Sicong's administrative reconsideration lasts for 60 days, he will have to pay 12,000 yuan, but for him, it may be the cost of opening a bottle of wine!