In addition, China Judgment Document Network shows that Zhi once provided detention centers for those involved in the crime of intentional injury. In the ruling of the second instance dated 2065438+March 2009, Chen Mou was marked as a fugitive in criminal detention, but the subsequent details were not disclosed on the document online. The above-mentioned person named Liu was sentenced to two years and one month in prison. His name is the same as Liu, another main suspect in this case identified by local citizens. The news was not confirmed by the police.
As for the laws that several men involved in the case may touch, Ding Jinkun, a lawyer of Shanghai Dabang Law Firm, said, first, they should be punished by public security, and they can be detained for up to 15 days as the case may be; Second, those who stir up trouble should be investigated for criminal responsibility and sentenced to fixed-term imprisonment of not more than five years. According to the provisions of the criminal law, those who gather people for many times to stir up trouble and seriously disrupt social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and may also be fined; Crime of intentional injury. If a woman in white is seriously injured, the perpetrator constitutes a serious crime of intentional injury, with a maximum sentence of ten years.
Some people think that if the injury of the woman in white does not constitute a minor injury above the second level, the suspect will only face administrative detention from 10 to 15. A 25-year-old girl in Taizhou, Zhejiang Province was harassed and beaten by several men while eating supper. She was hospitalized 15 days. However, due to minor injuries, several men do not need to bear criminal responsibility. According to Fan Chen, a lawyer of Beijing Shi Jing Law Firm, if this matter does not ferment, someone may act as an "umbrella". "These people make much ado about nothing and beat people in broad daylight. Even if the victim is slightly injured, their behavior may constitute a crime of seeking trouble."
Judging from the current disclosure, many people involved in the case are suspected of making trouble after drinking. However, from the legal point of view, drunkenness is not a statutory circumstance to lighten or mitigate punishment. Xiao Zhie, director of the criminal department of Beijing Huatian Law Firm, said that drunkenness has little effect on sentencing and will not be lightened or lightened or aggravated because of drinking. Specific sentencing should consider whether to plead guilty, whether to compensate for understanding, consistent performance and so on.