In Yongzhou, Hunan, a woman fell in love with a farmer's duck, and sneaked in when no adult was at home and caught the duck. The farmer's child happened to see this scene and stepped forward to stop the woman. Unexpectedly, the woman failed to steal the duck, and took revenge, called her husband and son over, cleaned up the child, first stunned with a kitchen knife, and then grabbed her hair and slapped her wildly. What is speechless is that the victim was only detained for a few days afterwards. The child's family was not convinced by this result. (Case source: Sharpness News)
In the video, two tall men wearing big cotton clothes have beaten a skinny child Xiaodong (pseudonym) wildly, Xiaodong has no power to fight back, let him be beaten, the scene is distressing.
According to Xiaodong's uncle Wang, Xiaodong's family kept several ducks in captivity and was targeted by a woman Chen (pseudonym). On the day of the incident, Chen thought that there was no one in Xiaodong's house, so he sneaked into Xiaodong's house and caught ducks wantonly, but as everyone knows, Xiaodong is still at home to watch the house.
Chen stole the duck and made a big move, which attracted Xiaodong's attention. Xiaodong realized that the duck had been stolen and immediately stepped forward to stop Chen. Under Xiaodong's efforts to stop him, Chen had no choice but to return.
I thought the matter was over, but Chen returned home and told her husband and son about it. Chen's husband Da Zhang (pseudonym) and son Xiao Zhang are obviously impulsive people, and after hearing about it, they didn't have time to change their clothes, so they rushed to the small owner's house in cotton clothes.
Da Zhang and Xiao Zhang rushed into Xiao Dong's house, found Xiao Dong, and without asking the reason, they first took out a kitchen knife and slapped Xiao Dong on the head until he was knocked unconscious. After Xiaodong fainted, Da Zhang and Xiao Zhang took turns grabbing Xiao Dong's hair and slapping him.
After the incident, the small owner reported to the police, and there was no specific report on how Chen dealt with it, but for Da Zhang and Xiao Zhang, the police only punished him by detaining him for 10 days.
For such a result, Xiaodong's uncle Wang felt that it was too light and completely unexpected, but the result was so helpless.
After the video broke out, it sparked heated discussions among netizens. Some netizens said: "Chen's family is not a simple theft, they committed murder with a knife, they committed a crime together, they are suspected of robbery, and they must be severely punished!"
Some netizens also said: "Stealing things and beating people with their hands is ignoring the law, simple detention cannot have a punitive effect at all, and I hope to see a fair and just result." ”
So, from a legal point of view, how should this matter be judged?
1. Chen stole the ducks of Xiaodong's family, and Chen's husband and son committed violence against Xiaodong afterwards, did Chen's theft turn into robbery?
First, according to article 269 of the Penal Code, theft is transformed into robbery, requiring the use of violence or the threat of violence on the spot in order to conceal stolen goods, resist arrest or destroy criminal evidence.
As far as this case is concerned, if Chen conspired with her husband and son to steal, and after Chen was stopped by Xiaodong, Dazhang Xiaozhang committed violent acts against Xiaodong for the purpose of helping Chen escape, which of course belongs to the transformation of the crime of robbery, and all three of them constitute the crime of robbery.
However, judging from the facts of the case, after Chen was stopped by Xiaodong, he did not succeed in stealing, and was beaten by Chen's family afterwards, which should not be in line with the crime of transformational robbery.
Secondly, since it is not a transformative crime of robbery, Chen's behavior is theft. But not as many netizens said, the duck stolen by Chen is of little value and does not constitute a crime. On the contrary, although the value of the duck stolen by Chen did not reach a large amount, his behavior had also constituted the crime of theft.
According to article 264 of the Criminal Law, the crime of theft includes burglary, in addition to the theft of other people's public or private property and the amount is relatively large.
Specific to this case, Chen sneaked into the small owner's house to steal the captive ducks, usually the captive ducks are in the small courtyard, and the small courtyard also belongs to the category of "household", which is also in line with the household theft. It can be seen that Chen may still be held criminally responsible.
2. Does Chen's husband and son's act of beating Xiaodong constitute the crime of intentional injury, and how should Da Zhang and Xiao Zhang be punished?
First of all, whether Dazhang Xiaozhang constitutes the crime of intentional injury depends on whether the degree of Xiaodong's physical injury meets the standard of minor injury or above. According to the "Standards for the Appraisal of Human Body Injuries", if the degree of injury to each part is still relatively high if the injury is more than minor, whether the standard is met must also be confirmed by the judicial appraisal institution.
Specific to this case, Xiao Zhang's behavior must have been bad for Xiao Dong by stunning, slapping him, and grabbing his hair with a kitchen knife, but it is still impossible to determine that Xiao Dong's physical injuries meet the standard of minor injuries.
Judging from the results of the police's handling, the extent of Xiaodong's physical injuries either did not meet the standard of minor injuries, or the results of Xiaodong's physical injuries had not yet been identified, and the fact that Xiaozhang was detained does not mean that he escaped criminal punishment. Once the results of the appraisal show that Xiaodong's physical injuries reach minor injuries, Xiao Zhang should still be held criminally responsible.
Secondly, if Xiaodong's physical injury assessment results are minor or less, then Zhang's behavior has not yet met the criterion for criminalization, and he will be investigated for public security punishment.
According to article 43 of the Law on Administrative Penalties for Public Security, a person who beats or injures a person in a group, or beats a person under the age of 14, may be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 1,000 yuan.
It can be seen that in this case, Zhang's behavior is still relatively bad, and he can be detained for 15 days and fined up to 1,000 yuan.
3. Finally, no matter how Chen and Zhang are punished, they are still inevitably subject to civil liability. Combined with the provisions of the Civil Code, if Chen and Xiao Zhang cause losses to Xiaodong and Xiaodong due to theft or assault, etc., it is a tortious act, and they shall bear tort liabilities such as making a formal apology and compensating for losses in accordance with the law.
What do you think about this case? Welcome to discuss and pay attention!
