June in Beijing ushered in the heat, but it was also the beginning of the rainy season. Although rain can be a blessing to all things, the air is also moist and boring. On the evening of the 10th, after busy work, I was shocked to hear that the Tangshan barbecue restaurant publicly gathered people to beat women. After a preliminary understanding, my heart was filled with indignation. As a criminal lawyer, it is my duty to safeguard the legitimate rights and interests of the parties in specific cases handled in accordance with the law. In the face of the ugliness of the world, I should also be responsible for emergency justice. How to view the right and wrong, crime and punishment in this incident, whether as a professional legal person or the general public, can share and discuss together.

Screenshot of network video

Playing crazy after drinking, openly provocative, gathering people to beat up. Judging from the current understanding, it is needless to say that the severity of the incident is egregious. As the People's Daily's "People's Micro Review" stated, "The group beating of women in Tangshan is shocking. It not only challenges the law, but also challenges social order, and challenges the public's sense of security. The beaten women are still being treated in hospitals, and they need justice in their beds, and the entire society needs an explanation."

1、 The perpetrator is suspected of provoking and causing trouble, openly and arbitrarily beating others, and the circumstances are flagrant. He is suspected of provoking and causing trouble

The crime of causing trouble refers to acts of wanton provocation, beating or harassing others at will, or arbitrarily damaging or occupying public or private property, or rioting in public places, causing serious damage to social order. The behavior of seeking stimulation, venting emotions, and acting presumptuously is also considered provocative and troublemaking.

According to Article 293 of the Criminal Law of China and the provisions of judicial interpretation, anyone who arbitrarily assaults another person, destroys social order, and causes one or more minor injuries or two or more minor injuries, constitutes a crime of provoking provocation. At the same time, rioting in public places, causing serious disorder in public places, also constitutes the crime of causing trouble.

According to the surveillance video disclosed on the internet, the cause of the incident was that a man approached a woman at a neighboring table and was turned down and started a fight. In this case, four women were victims, two of whom were hospitalized for treatment due to severe injuries. Although there was no immediate danger to their lives, they also clearly belonged to "one or more minor injuries or two or more minor injuries.". In addition, the street barbecue shop belongs to a public place. The behavior of multiple men rioting and gathering to beat others not only causes unexpected disasters to the victims, but also affects the dining of other customers, which of course causes serious chaos in the public place.

Therefore, the perpetrator in this case constitutes a crime of provoking provocation and causing trouble, and there is basically no suspense. For this crime, they will face criminal liability of up to five years of imprisonment, detention, or public surveillance.

2、 "In the course of provoking quarrels and causing trouble, anyone who arbitrarily assaults and causes serious injury to a person also constitutes the crime of intentional injury."

According to the provisions of judicial interpretation, those who commit provocative and troublemaking acts and meet the constitutive requirements of the crimes of provocative and troublemaking, intentional homicide, intentional injury, intentional destruction of property, extortion, robbery, etc., shall be convicted and punished in accordance with the heavier punishment for the crime.

According to the provisions of the Criminal Law of China, anyone who intentionally harms another person and causes serious injury to the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and the statutory punishment is significantly heavier than the crime of provoking provocation. In the act of provoking provocation and causing trouble, the perpetrator randomly assaults others, of course, is also a manifestation of intentionally harming others. If the consequences above serious injury are caused, the perpetrator simultaneously commits the crime of provoking provocation and causing trouble and the crime of intentionally harming others, which belongs to imaginative joinder of offenses. Due to the fact that the statutory punishment for intentional injury causing serious injury to a person is heavier than the crime of causing provocation and causing trouble, it is determined to constitute the crime of intentional injury based on the principle of selecting a felony punishment.

3、 If you are a rogue or bully, you should be severely punished

"Combating and eliminating evil has become a norm, and crimes committed by criminals should be severely punished in accordance with the law. Black bullies and ruffians are among the key targets of rectification. This is a consistent attitude adopted by the Party Central Committee and judicial organs at all levels in recent years, and it is also a manifestation of the spirit of the" Anti Organized Crime Law "implemented on May 1.".

Take Tangshan City as an example. Just two days ago, on June 8th, a meeting of the leading group of the city's fight against crime and evil was held, calling for strengthening key remediation and strengthening governance at the source. On May 30 immediately before, the Tangshan procuratorial organ was also working hard to deploy a regular crackdown on criminal gangs and vicious fights, emphasizing the determination to thoroughly investigate, crack down on small ones early, and prevent and control the source. Gang forces that disrupt the order of one party, such as gang formation, provocation, fighting, and hegemony, and those with the nature of evil forces, naturally fall within the scope of attack.

Of course, legally speaking, "evil forces" have relatively strict grasp criteria, which need to be examined from a comprehensive perspective such as the number of people, previous convictions, and past social performance. Therefore, from this perspective, whether the perpetrators of this case can be identified as evil forces remains to be further investigated by the public security organs.

4、 Murdering after drinking does not affect the determination of criminal responsibility

The Criminal Law of China stipulates three factors that affect criminal liability: failing to reach the age of responsibility stipulated in the Criminal Law, defective mental state (mentally ill), and defective physiological state (blind, deaf, mute, etc.).

From the surveillance video, it can be seen that the men and their group should have been drinking and eating at the barbecue restaurant at that time, but from the behavior of the surveillance camera and the subsequent flight, it is not yet to the extent of drunkenness, which does not affect their ability to recognize and control their behavior. Of course, even when intoxicated, China's Criminal Law clearly stipulates that it does not affect the determination of criminal responsibility and requires full responsibility.

5、 The construction of a peaceful China requires the common strength of the whole society, and the legitimate defense right should be fully exercised

China's Criminal Law stipulates the system of justifiable defense, which presupposes the existence of unlawful infringement. Illegal infringement includes both violations of the rights to life and health, as well as violations of personal freedom, public and private property, and other rights; It includes both criminal and illegal acts. The scope of this object is very broad. It should also be noted that illegal infringement includes both illegal infringement against oneself, as well as illegal infringement that endangers the national and public interests, or against others. In other words, even a third person can fight back against the perpetrators of atrocities, commonly known as "acting bravely for righteousness.".

Think about it. The place where this case occurred is not a sparsely populated and secluded place, and the victim is not alone, but in full view of everyone. In this scenario, letting violence be wanton and no one come forward to resist or forcefully prevent it is a question that has to be reflected upon.

Peace is the eternal expectation of the common people. The construction of peace in China requires the common strength of all citizens, as well as the wisdom and courage of everyone. Facing the evil deeds before us, standing idly by and persistently enduring them is not the state that a country should be governed by law, nor is it the appearance that a civilized society should have. The spirit of rule of law that "law cannot yield to illegality" needs to be established. The construction of a social governance community that everyone has a responsibility, everyone is responsible, and everyone enjoys needs to be vigorously promoted. "The advantage of" rule of China "should be to take a clear stand in legitimate defense, act boldly and justly, promote social integrity, eliminate social grievances, and enhance social harmony.".

6、 Write at the end

The Tangshan BBQ attack not only challenges the public's sense of security, but also subverts people's three outlooks. It is a nightmare for all kind-hearted people. Whether it is moral decay or human distortion, evil deeds must be severely punished in accordance with the law, social scum must be eliminated, the legitimate rights and interests of all people, including women, must be safeguarded in accordance with the law, and a social environment for living and working in peace and contentment must be constructed.