A case that occurred on March 31, why did it continue to appear on the hot search list and cause a storm of public opinion?
The root causes are:
- Netizens felt "incomprehensible" about the "criminal detention" issued by the police, obviously the boy was justified defense, how did it become criminal detention?
- Some lawyers also expressed their opinions: I think there are indeed two points worth discussing in the handling of the incident, and some of them do not make sense, who is right and who is wrong?
Let's take a look at the report given by "Red Star News", the causes and consequences of the incident have also begun to unfold slowly
There are three main people involved in this case:
First, the girl who was verbally molested at the school for ordering takeout;
the second, a male student who fought with the school for the girl, and then beat each other together but was criminally detained by the police;
The third is a drunk who verbally harasses a girl.
What is it about these three characters that they are connected together, and what is the fuse?
March 31 at 8 p.m
The three drunken men who were full of wine and food ran to the entrance of Jinan Electronic and Mechanical Engineering School, and there was a girl waiting for takeaway at the fence of the school, and they happened to be met by these three drunk men.
I don't know if it's because the wine is strong, or because the girl is too beautiful, the man began to flirt with the female classmate, and after being scolded by the female classmate, the three men began to speak disrespectfully.
After witnessing the incident and hearing the drunk's unsightly verbal abuse, a male classmate at the scene couldn't hold back anymore.
They are all students of the same school, and if they scold the girls, don't they scold the whole school? Moreover, these three people from outside the school were so disrespectful that the boys with a strong sense of justice immediately came out to stop them and scolded them back.
Seeing the boy scolding himself, the three drunks outside the school couldn't swallow this breath, and then forcibly entered the school, and when they came in, they choked their necks, and when they felt suffocated, the boy threw two punches in a row and knocked them to the ground.
The police then arrived at the scene, and the result of the night's handling was determined to be "mutual assault", and the two sides also signed a settlement.
But on April 1, Xiaochao's father received another unexpected detention notice to the effect that his son was criminally detained and that he was responsible for signing it.
The case of mutual assault, which was only mediated last night, became the next day that the son was going to be criminally detained, and the son was still studying, and once he was criminally detained, this would be written into the file.
The father couldn't figure it out and refused to sign.
After the incident, my father also saw the surveillance, and he restored to the reporter what happened that night
The girl did order takeout and waited there, and the school has a clear rule that "students are not allowed to order takeout", so we won't delve into the reasons for this.
His son Xiaochao and 2 boys were checking the violation of "ordering takeout" at the time, and happened to encounter 3 people abusing the girls, and then Xiaochao went to stop it and had a verbal altercation with the drunk man outside the fence.
This also brought the case to a climax.
The three men wanted to climb the fence at that time, but they drank too much, and their legs and feet were not successful, and they ran to the gate of the campus in a rage, although they were blocked by security guards, but they still forced their way in.
Then there was a conflict, who knew that the accident still came: the drunk man was hospitalized for surgery after he went back, and the diagnosis was brain herniation!
This may be the reason why the police changed the punishment decision the next day.
Some readers may wonder, why don't the 3 students in the school run?
The author boldly guesses:
- These 3 students were inspecting the work that night, presumably members of the student council;
- The campus is their base camp, and they don't believe that these three outsiders can still "turn the sky" upside down;
- Besides, there is a security guard at the door;
- The most important point is that there is nothing wrong with the three students, let alone a provocative element.
It was for these reasons that the six of them met at the school gate.
The police arrived at the scene and also looked at the surveillance, what Xiaochao's father didn't understand was:
- The son is justified defense, how did it become criminal detention, is it because the other party had brain surgery?
- Can the previous day's punishment be changed at will?
- What is the legal significance of the signature of both parties that night?
The reporter then interviewed the parties at the scene of the crime:
The drunk man first teased the girl verbally, and then the girl replied with a foul language and left, perhaps this made the drunk man "can't hang on his face", and began to spit fragrant outside the fence, and then Xiaochao and the three of them began to stop.
After breaking into the campus, he immediately acted rudely to the three students, and after the students were beaten, they must have "subconsciously fought back......
The two classmates who were with Xiaochao also confirmed this experience.
The reporter then called the police and the school, but both refused the reporter's call on the grounds that it was inconvenient to conduct interviews.
- Obviously, she was the trigger of the whole incident, and the 3 boys couldn't see the drunkard's insults to her before replying, and it stands to reason that she was the most aware of the cause of the incident, but refused to respond to the incident.
Is this related to the school, or is it related to her buying takeout without permission and being afraid of being affected?
It's not clear, but everything is because of her, and it should be reasonable to support Xiaochao's classmates who stand out for her, if the girl is bullied outside, and the people around her are indifferent, then that's the real sadness.
There are as many as 60,000 comments on the official account of Jinan Public Security:
(1) Drunks deliberately molesting girls at school;
(2) 3 people insisted on forcibly breaking into the school despite the security guards;
(3) Obviously, the drunk man did it first, but Xiaochao was choked by the neck first, and then counterattacked.
These three illegal violations, molesting girls, breaking into schools, and attacking boys, can be said to be worse and worse each time!
Xiao Chao's response was "legitimate defense", but it turned out to be found to be intentional injury and was criminally detained, and the reason for the change was nothing more than the other party's brain herniation.
Seeing this, do you feel a little familiar?
- It is consequentialism: whoever is injured is justified, and whoever makes trouble is justified, these are the best summaries left by many previous cases.
Have you forgotten the Supreme People's Procuratorate's statement that "the law cannot yield to the lawless"?
Let's look at the two conditions for excessive defense:
- One is to exceed the necessary limit and excessively cause injury to the other party;
- the second is to cause significant damage,
And Xiao Chao's two punches were short, and although they caused damage, they did not exceed the necessary limit.
Hopefully, this case can give the public an explanation!