On October 31, 2022, Liu Hanbo, a history teacher at Xinzheng No. 3 Middle School in Henan Province, collapsed at home and was found without vital signs. In his death report, the cause of death was "sudden death".
The online class on the evening of October 28 of that year became the last class of Liu Hanbo, who had been teaching for 20 years. According to the video recording of the class that night, several netizens who did not belong to the class poured into the online conference room to interfere with the class by playing music and insulting the teacher. According to media reports, the same farce has happened repeatedly in her online classes before.
This group of people is known as the "online class blasters" for the purpose of watching the confused teachers and disordered classes. On November 2 of the same year, the Xinzheng Municipal Education Bureau issued an announcement saying, "The public security organs have filed a case for investigation, and the results of the investigation will be announced to the public as soon as possible." ”
Recently, the family learned from the prosecution that the court gave an opinion that it could not be prosecuted, and recommended that the public security should impose a public security administrative punishment. A staff member of the Xinzheng Municipal Procuratorate Office told Red Star News: "We will announce the results and progress of this case in due course." ”
The teacher died suddenly, and was "blasted by online classes" before his death
The daughter wants to invite the classmates of the "Demoman" to apologize
On the third day after his mother's accident, Xiao Wang rushed back home. When she returned home, she saw lesson plans on her mother's desk, a brief history of Chinese philosophy, and National Geographic. There was a pen in the magazine, "as if she had just finished reading the previous page, put the pen in the book, and then got up to cook." ”
From his mother's accident in October 2022 to his return to school in March 2023, this is Xiao Wang's most difficult time. Everything in the family fell on her father alone, and she also followed the funeral, went to school to pack her mother's things, and communicated with the school authorities, which was physically and mentally exhausted. "The county seat is still the same county, the third middle school is still the third middle school, I am no longer the same me, I have lost the most important person. ”
▲ When Teacher Liu celebrated her birthday, Xiao Wang bought her a cake
Xiao Wang's life did not stand still because of his mother's departure. She made an appointment with her mother to take the postgraduate examination at Nanjing University, and in March 2023, she returned to school and focused on preparing for the exam. She thought that if she could really get in, she would have to wear the shirt and skirt left by her mother to report on the first day of school, "It can be regarded as taking my mother to see the campus together." ”
After the graduate school entrance examination, she has been contacting the teacher of Xinzheng No. 3 Middle School, and has also called the police officer who investigated the case, hoping to contact the classmate in the class who invited the "blaster" into the online class conference room, and she hopes that the other party can go to her mother's grave to apologize. But a year and a half later, she still hasn't waited.
Family: Police say the "online class blasters" group is a repeat offender
There have been six or seven "blasts"
At the end of January 2024, Xiao Wang went to the Xinzheng Municipal Public Security Bureau New District Police Station twice to meet with the police officers investigating and handling the case, and the police reported on the investigation of the case.
Xiao Wang learned that in May 2023, the police filed the case as a criminal case, and the investigation has been completed, and the file has been submitted to the Xinzheng People's Procuratorate and entered the procuratorate review stage. Xiao Wang told reporters that she learned from the police that these "online class blasters" groups were already "habitual offenders" and had done six or seven "blasts", and their behavior reached the charge of picking quarrels and provoking trouble.
On February 5 this year, Xiao Wang, his sister, and his father went to the procuratorate one after another, but the procuratorate staff told her that the case had not been entered into the system, and there was no case undertaker, that is, it had not been accepted. She learned from the police that the case file had been submitted to the Xinzheng People's Procuratorate several times, but the procuratorate had not yet accepted it, but had only orally suggested that the case be closed with a public security administrative punishment.
However, this claim has not been confirmed. On April 22, Red Star News tried to contact the Publicity Department of the Xinzheng New District Police Station to understand the situation regarding the investigation and transfer of the case, but no one answered the phone as of press time.
According to Xiao Wang, after being contacted by relevant case-handling personnel, Xiao Wang and the staff of the Letters and Visits Section of the Xinzheng Municipal People's Procuratorate met on February 26.
The case involved minors and cyberspace, which was a tricky one. "Even if these people's actions can be regarded as picking quarrels and provoking trouble, it is difficult to say whether the serious circumstances of the acts are enough to criminalize. Xiao Wang learned from the staff of the procuratorate that the procuratorate was waiting for the court's opinion. Xiao Wang told Red Star News that it has been 11 months since the case was completed by the police in May 2023 and returned for supplementary investigation to the Xinzheng People's Procuratorate for review and decision.
▲ Xiao Wang's letter to his mother
In this regard, Lin Xiaoming, a lawyer from Sichuan Yishang Law Firm, said that in accordance with the provisions that "the people's procuratorate shall make a decision within one month on cases transferred for prosecution by the supervision organs and public security organs, and may extend the period by 15 days for major and complicated cases", the procuratorate shall make a decision within one month and 15 days in accordance with the regulations. "In cases of supplemental investigation, the supplemental investigation shall be completed within one month. Supplementary investigations are limited to two times. After the supplementary investigation is completed and transferred to the people's procuratorate, the people's procuratorate shall recalculate the time limit for review for prosecution." Therefore, the period of the review for prosecution phase shall not exceed six months and 15 days in accordance with the law, and if it is not entered into the procuratorate system, it may not have been transferred for review and prosecution.
Court: The case has not been transferred to the court, and the progress cannot be queried
The family members claimed that the court opinion was that they could not prosecute, and that they were punished for violating the administration of public security
After waiting for two months, Xiao Wang finally heard a result.
On April 19 this year, Xiao Wang's father again contacted the reception director of the Letters and Visits Section of the Procuratorate, who verbally informed him that the Procuratorate had obtained the court's opinion. Xiao Wang's father learned from the procuratorate, "The opinions given by the Xinzheng Municipal People's Court and the Zhengzhou Municipal Procuratorate are that there is no way to prosecute, or let the public security punish them." ”
The reporter contacted the Xinzheng Municipal People's Court, and the staff of the court's petition department said that there was no specific case undertaker in the case, that is, the case had not been transferred to the court, and there was no way to inquire about the progress of the case.
Red Star News contacted the office of the Xinzheng Municipal People's Procuratorate, and the staff said: "We will announce the results and progress of this case in due course." For more detailed details and whether it is necessary for the public security to impose public security administrative penalties, the other party said that it was necessary to contact the Publicity Department of the Xinzheng People's Procuratorate, but did not receive a reply as of press time.
Xiao Wang couldn't accept this result. She still hopes to win a criminal prosecution, "Criminal collateral is definitely a more just outcome that we hope for the most." If he can't do it in the end, Xiao Wang said that he will also consider civil private prosecution.
Lawyer Lin Xiaoming believes that in this case, it is somewhat difficult to pursue criminal responsibility. According to the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving the Use of Information Networks to Commit Defamation, etc.", "Where information networks are used to insult or intimidate others, and the circumstances are heinous and disrupt social order, it shall be convicted and punished as the crime of picking quarrels and provoking troubles in accordance with the provisions of Article 293, Paragraph 1 (2) of the Criminal Law", and if the conduct of the "blaster" meets the above-mentioned criteria for filing a case, a case shall be filed and pursued, but it must be proved that the teacher's death is related to the "blaster" It is difficult for the conduct to have a direct causal relationship, and unless the evidence can reach a truly sufficient level, the conduct of the corresponding actor may be regulated in accordance with the Public Security Administration Punishment Law.
Fu Jian, director of Henan Zejin Law Firm, believes that the difficulty in prosecuting the case lies in whether it can be determined to seriously endanger social order and national interests, but the online class blasting is aimed at a specific live broadcast room, which will have a bad impact, but whether it can reach the level of "seriously endangering social order" remains to be considered. In Fu Jian's view, this is also the main reason why the procuratorate has not been converted into a public prosecution case for a long time.
Now, Xiao Wang failed to be admitted to Nanjing University as he wished, and successfully "went ashore" after adjustment. As for whether his mother's wish has been fulfilled, Xiao Wang said, "In fact, it has not been completed, and it is a pity that I have always felt very uncomfortable when I think of this." For the future, Xiao Wang told reporters that she plans to take a year off from graduate school and continue to complete her studies after dealing with her mother's affairs, "It's really a little unbearable." ”
Source: Red Star News