In Jinan, Shandong, the incident of "students and drunks clashing and being detained" continues to ferment. On the morning of April 16, the father of Meng Moumou, a student involved, told a reporter from Nandu that Meng Moumou had returned home in the early morning of that day. On the same day, the staff of the school involved told the reporter that the school implements closed management. Insiders have revealed that the three drunks "directly pushed the iron door open with brute force and rushed in".
The student was detained for a conflict with a drunk. Photo courtesy of the interviewee
Insiders said another student was punched in the chest
On April 15, Zhou Ping (pseudonym), a person familiar with the matter, told reporters from Nandu about the incident. At around 20:30 p.m. on March 31, three drunken men pretended to be takeaway brothers outside the fence at the school gate and tricked a female student inside the school gate into picking up takeaways. During this period, 3 drunks verbally provoked the girl, and the girl fired back with a foul language, which angered the other party.
"At that time, there were four or five students inside the school gate, and a few drunks outside probably didn't hear who was scolding, so they shouted and intimidated the people inside, and wanted to climb over the fence to come in and beat people, and their attitude was extremely arrogant. Zhou Ping said that the other party didn't turn in for the first time and left. Some students inside the school gate were angry and scolded each other, but the three drunks returned again, "They directly pushed the iron gate open with brute force and rushed in."
Zhou Ping introduced that one of the male students tried to use the anti-riot steel fork of the security booth to push the other party, but accidentally got the fork and was worried about causing too much damage, so he had to throw it. However, the male student was relatively strong, and several dodges did not cause obvious damage.
Another person familiar with the matter, Yu Mo (pseudonym), revealed to reporters from Nandu that another male student was punched in the right chest by a drunk.
After the chaotic fight, two drunks next to Meng Moumou fell to the ground, one of them quickly stood up, and the other fell to the ground. Subsequently, a drunk man called the police. Yu Mo introduced that the 120 ambulance took away the drunk man who fell to the ground, and the remaining few people were taken away by the police. Later, under the witness of the police, Meng Moumou signed a settlement letter with the other party, and several people left separately.
Zhou Ping told the reporter that after returning to the dormitory that night, Meng Moumou told his classmates that he was choked by a drunken man, and he could see red fingerprints on Meng Moumou's neck at that time.
The school said that it was a closed management
Zhou Ping introduced that the daily closed management of the school involved did not allow students to go out, and no one from outside the school was allowed to come in.
On the 16th, in response to the campus security, the staff of Jinan Electronic and Mechanical Engineering School involved told the reporter that "we have done a good job in all aspects, and we are also actively cooperating with the management of the police and higher departments", and the school is closed management. On the 15th, another staff member of the school told a reporter from Nandu that the school was cooperating with the police investigation.
Jinan Electronic and Mechanical Engineering School.
Nandu previously reported that on April 1, Meng Moumou was criminally detained on suspicion of intentional injury. On the 15th, the Jinan Municipal Public Security Bureau said that the public security organs attached great importance to the online rumor that "students were criminally detained for conflicts with drunks", and on the 12th, a special case team composed of legal system, criminal investigation and other police departments was stationed in the Jinan High-tech Zone Public Security Bureau, and the case was upgraded to a higher level, and the Jinan Municipal Procuratorate was invited to intervene in the case at the same time to give guidance and supervision.
Mr. Meng, Meng's father, once told a reporter from Nandu that after reviewing the surveillance video, he found that the child was "punched twice in the face" after being choked by the drunk, and then the drunk fell to the ground and was sent to the hospital, the doctor said that it was "brain herniation", and "the drunk has been transferred from the ICU to the general ward".
Mr. Meng said that after the child was detained, the police told him that he could be released on bail pending trial, and then he submitted his materials. In the early morning of the 16th, Meng Moumou went home. "The child is in okay condition, let him rest well, I don't want to stimulate him anymore".
Mr. Meng also told the reporter that he had always hoped to get in touch with the injured drunk man and give him some compensation, "after all, for the sake of the child."
The lawyer said that the criminal responsibility of juveniles should be lenient
At present, there is endless discussion in the outside world about whether Meng Moumou's behavior constitutes legitimate defense. It is worth noting that Mr. Meng and two people familiar with the matter both revealed to reporters from Nandu that Meng Moumou is currently under the age of 18, and Mr. Meng said that he only turned 18 at the end of August.
Zhou Ping introduced that Meng Moumou and other 3 students are currently in the third year of secondary school, and they are about to take the transfer exam to enter the junior college.
Yin Qingli, defense lawyer of Tang Xue, the defendant in the Lijiang anti-homicide case and director of Beijing R&F Law Firm, analyzed to reporters from Nandu, based on the monitoring situation described by Meng Moumou's father, and in accordance with the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security's "Guiding Opinions on the Application of the Legitimate Defense System in Accordance with Law" Article 9 stipulates that in the event of a dispute between the two parties over trivial matters, and neither party can exercise restraint and a fight is triggered, the act of the party at fault who strikes back first and the means are obviously excessive, shall generally be deemed to be an act of defense, and the conduct of the two parties shall not be deemed to be a mutual assault.
"In the Jinan case, criminal detention was carried out first, but it was said that the coercive measures could be changed. This also reveals that in such cases, the investigating authorities did not promptly verify and make accurate determinations of the cases from the source, nor did they fully foresee the social concerns that the cases might arouse. Yin Qingli said.
In response to the fact that Meng Moumou is under the age of 18, Yin Qingli said that if he has reached the age of 16 and is under the age of 18, and the judicial organs have not determined that his behavior is justified defense in accordance with the law, but found the crime of intentional injury, he shall be punished lightly or commuted according to the provisions of paragraph 4 of Article 17 of the Criminal Law.
At present, the official evaluation results of the victim's injuries have not been disclosed, and Yin Qingli said that if the victim's injuries do not reach serious injuries, there is no problem of excessive defense in this case, and it may only involve the issue of legitimate defense or the crime of intentional injury. If it is found that the defense is excessive, plus it is a minor, both of these are mitigating circumstances and are considered in sentencing.
Zheng Ziyin, vice president of the Guangdong Provincial Juvenile Delinquency Prevention Research Association and senior partner of Guangdong Nuochen Law Firm, pointed out to the reporter that for the legitimate defense of minors, their identity itself does not affect whether it constitutes legitimate defense. In determining whether justifiable defense is constituted, it is necessary to consider whether there is an unlawful infringement and whether the defensive act is within the necessary and reasonable scope.
In addition, according to paragraph 2 of article 20 of the Criminal Law, punishment for excessive self-defense shall be mitigated or waived. At the same time, the Criminal Law stipulates that when a person under the age of 18 is investigated for criminal responsibility, the punishment shall be mitigated or commuted. "This is because minors' minds are not yet fully mature, and their behavior may be influenced by a variety of factors such as environment, education, family, etc. Zheng Ziyin said.
Zheng Ziyin said that when handling cases involving minors, factors such as the nature and circumstances of the act, the age of the minors, attitudes and the degree of social harm should be comprehensively considered, and a fair, humane and reasonable judgment should be made. "If it is ultimately determined that the minor student in Jinan has committed the crime of intentional injury by excessive defense, it is even more necessary to consider that there are obvious illegal infringement factors of the drunk, and the punishment shall be mitigated, mitigated, or even waived in accordance with the law. ”
Source: Southern Metropolis Daily, N Video Report
Release: Publicity and Education Department of the Political and Legal Committee of the Gansu Provincial Party Committee