"The boy hero saved the United States and fought back against the drunk, but was detained", the whole network "denounced" the Jinan Public Security, and the lawyer popularized the law online, saying: "There are too many legal blindness, and I am led by the nose by the media."
On March 31 this year, in Jinan Electronic and Mechanical Engineering School, a boy counterattacked three drunks who molested female classmates, but was criminally detained.
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It's the first time I've seen a scene where the comments in the comment area have exceeded one million overnight, and this is still an official account, which is really an eye-opener!
Countless netizens are condemning the sentence made by the Jinan Public Security in the incident of "the boy hero saves the beauty and counterattacks the drunk, but was detained", and it is obvious that this punishment has caused strong dissatisfaction among everyone.
The comments in the video comment area of an official media have exceeded 450,000, and the indignation of netizens has continued one after another.
Netizen: I haven't seen anyone who drank too much and broke into the army, the public security bureau, or the fire brigade.
Netizen: I thought I was wrong, so I watched it three more times.
However, as more and more details were missing, a lawyer made relevant answers, and netizens realized that the Jinan Public Security was to blame.
Editor: I also sorted out the relevant news fragments spread on the Internet and pieced together the timeline of this case.
Schoolgirl "molested"
At 8 p.m. on March 31, a female student at the school was verbally teasing by three drunk people outside the school through the fence when she went to pick up takeaway at the school gate
The source network has nothing to do with this incident
Insiders said that at the time of the incident, the drunk man pretended to be a takeaway staff to greet him by the fence, and lied to the girl that "this is a takeaway at 11 o'clock".
A verbal altercation broke out between the two sides, and people from outside the school stormed the school
Xiao Chao (i.e., the detained party) and two other people inspected the situation on campus prohibiting students from ordering takeout, and found the situation, and then the two sides got into a verbal altercation.
Outside the school climbed over the guardrail to no avail, and then rushed into the campus and got into a physical altercation with the students, despite the guards' obstruction.
Image source network
醉酒男先动手，小超挥拳反击
One of the men stepped forward and grabbed Xiao Chao's neck, and Xiao Chao fought back with a fist, knocking the man to the ground. The moment the man fell to the ground, his head hit the ground.
That night, the man who fell to the ground was taken to the hospital for treatment, and was diagnosed with cerebral herniation (that is, cerebral hemorrhage).
The man who was sent to the hospital for craniotomy treatment, and Xiaochao was criminally detained
The remaining two drunk men and the students at the scene entered the police station to make a record, and due to their improper behavior, they knew that they were wrong, and the representatives of the off-campus personnel and Xiaochao were willing to sign a settlement agreement.
The man who was sent to the hospital was in an emergency situation in the hospital, and underwent a craniotomy that night, and was transferred from the ICU to the general ward after the operation, and is now conscious.
One party entered the ICU, which was a cause of disability, and the police station felt that there was no way to fulfill the previous settlement agreement in accordance with the Public Security Administration Punishment Law.
Therefore, in accordance with the process, with the approval of the higher-level public security organs, the criminal case was filed and investigated, and the party Xiaochao was criminally detained.
The school did not shelter her, and the female classmate who was "molested" refused to be interviewed
According to Xiaoguang's father, the school has not yet shown up, and only the security guard and classmates have been called to make a record.
The female classmate who was "molested" refused the reporter's request for an interview, so only the parties and the police knew about the more detailed conflict at that time, which also caused netizens to express dissatisfaction with the classmate's approach, saying: People are brave enough to help you, but you refuse to stand up and speak up for your classmates, which is chilling!
There are even more extreme netizens who call it "boiling sheep".
This is the ins and outs of the whole thing, judging from the current information, it is indeed the behavior of the three drunk men who are out of line, and they did it first, Xiaochao's side is forced to fight back, and the accident unfortunately happened.
So why did the public security detain the party Xiaochao criminally?
A criminal law lawyer gave an answer, and through the lawyer's interpretation of the relevant legal provisions, many netizens realized that the Jinan Public Security was to blame, and everything was legal and compliant.
In fact, whether or not justified defense is constituted is not determined by the public security organs, but by the procuratorate and the courts.
The public security organs may file and investigate a criminal case in accordance with the law, and the procuratorate may not prosecute, or the court may choose to pronounce a verdict that justified defense has been established and acquitted, but the public security organ cannot directly announce the establishment of justified defense and then close the case by acting on its behalf.
In this case, Xiao Chao's behavior caused the drunk man to be injured and craniotomy, and there was already an act of intentional injury, so it is also compliant to deal with it according to the standards of criminal detention.
Because in such cases, the public security organs are not the adjudication organs, and the final conviction and sentencing are still decided by the court.
After the investigation of the previous case is completed, it is up to the procuratorate to decide whether or not to continue to take compulsory measures.
Where the procuratorate finds that the harm to society is small, it may allow the parties to be released on bail pending further investigation and temporarily return to their freedom, or where the public security organs have completed their investigation, and all kinds of evidence are sufficient and sufficient, and there is no doubt about legitimate defense, they may also choose not to prosecute and return the parties' freedom.
However, the premise is that the procuratorate determines that the case is justified in self-defense.
If, after the investigation by the public security organs is completed, the procuratorate believes that it is still necessary to prosecute, and the court will make a final judgment, and if the court finds that the justified defense is established, it can also pronounce Xiaochao not guilty.
In this regard, it seems that the public security organs can only act according to the rules and procedures, so this can only be the case.
From this point of view, everyone attacked the Jinan Public Security, and the Jinan Public Security was indeed innocent.
In case the procuratorate later declares that Xiaoguang's behavior is acquittal, then the Jinan public security will not be rushed again!
After listening to the lawyer's answer, do you still think that the behavior of the Jinan Public Security is inappropriate?
Feel free to share your thoughts in the comments below!
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