The police responded to gambling-related personnel that "there is no penalty for providing false testimony": the illegal behavior is minor

The Paper's reporter Yue Huairang

On March 29, Anhui Published a social news item entitled "Gambling in the Box of a Tea House in Tongling, the Police Arrested the Present During Patrols." The article said that in the "ban on gambling" operation, when the police inspected a tea house in Shun'an, the Ngee An Branch of the Tongling City Public Security Bureau found that a "ding-dong" sound of dice and bowls colliding was heard in a box of the tea house, which attracted the attention of the police, and it was suspected that the box was carrying out the gown gambling activities. The police immediately opened the door of the box, and nearly a dozen people in the box were playing poker nine gambling around a table. The police immediately organized police forces to guard the doors and windows, and none of the 9 gambling personnel in the box escaped, and the gambling equipment was collected, and the gambling funds were more than 10,000 yuan.

After questioning, nine people involved in gambling, including Fang xx, Ruan xx, She xx, and Tao xx, confessed to their illegal acts. Fang xx, Ruan xx, She xx, and Tao xxx were originally playing mahjong, and after feeling that mahjong was boring, they used Pai Gow to gamble one by one. Attracted by the gambling of Pai Gow, the friends of the four people, Chen X 1, Chen X 2, Lu X, Zhou X, and Yao X, came to watch the "battle" and were all captured. During the interrogation, Fang xxx, Ruan xx, She xx, and Tao xx's friends Chen xx1, Chen xx2, Lu xx, Zhou xx, and Yao xx provided false testimony to help Fang xxx, Ruan xx, She xx, and Tao xxx escape the sanctions of the law.

The report mentioned: "On March 26, Four gambling offenders, Fang X, Ruan X, She X and Tao X, were sentenced to administrative detention by the Shun'an Police Station; Chen X 1, Chen X 2, Lu X, Zhou X, and Yao X were given a decision not to punish them for providing false testimony. ”

The surging news reporter noted that after the above-mentioned Anhui media report was published, some netizens immediately questioned why the five gambling personnel "gave a decision not to punish for providing false testimony".

On the morning of March 30, the surging news reporter interviewed the relevant staff of the Shun'an police station of the Ngee An Branch of the Tongling Municipal Public Security Bureau by telephone. The other party said that the actual situation in this statement in the report is that "providing false testimony" is a minor violation of the law, so the parties are "not punished", rather than "exempted from punishment".

The relevant staff of the Shun'an police station explained that this expression in the news report is a legal term, which may be misunderstood for readers who are not familiar with the relevant field.

In this regard, the surging news reporter consulted lawyer Li Yuxia, who has long been engaged in legal work in Changsha, Hunan Province. Lawyer Li Yuxia explained that the second paragraph of article 27 of the current Administrative Punishment Law stipulates: "Where the illegal act is minor and promptly corrected, and no harmful consequences are caused, administrative punishment shall not be given." Item 2 of the first paragraph of Article 38 stipulates: "Where the illegal conduct is minor and administrative punishment may be given in accordance with law, administrative punishment shall not be given." Therefore, a decision not to impose an administrative punishment may be made for acts that are minor in violation of the law and can not be punished according to law.

Editor-in-Charge: Jiang Chenrui