The media confirmed that Wang was "Wang Sicong". According to the report, on June 65438+ 10/day, Wang Sicong and three other men were waiting at the gate of a commercial building on Nanjing West Road.
Chen Mou, a man near the machete, mistakenly thought he was taking pictures, so he told him not to take pictures. Chen Mou denied taking pictures, and then the two sides had an argument.
Then "Wang Sicong" and one of the men hit Chen Mou in the face, Chen Mou fell to the ground with a nose injury, and then the other two men also hit Chen Mou.
Chen Mou's left nasal bone fracture, multiple contusions and bruises on his face were assessed as minor injuries. The police detained "Wang Sicong" and the man who beat him first for seven days and fined 500 yuan; Two other men were detained for five days and fined 500 yuan. However, Wang Sicong and others filed an administrative reconsideration on the administrative penalty, and the police suspended the administrative detention.
1, the last "big melon" years ago, President Wang was arrested for hitting people. "Wang Sicong" is not a celebrity, but he is also a public figure, so he should not be so rude.
2. "Wang Sicong" punched each other just because he suspected that the other party was taking pictures, which caused many contusions and constituted minor injuries. Therefore, the behavior of Wang and others belongs to beating others and intentionally hurting others.
Because the injury does not reach the criminal filing standard of "minor injury" or above, the behavior of several people should be dealt with according to the Law on Public Security Administration Punishment.
Article 43 of the law stipulates that: whoever beats another person or intentionally hurts another person's body shall be detained for more than 5 days 10 days and fined for more than 200 yuan and less than 500 yuan; Those who gang up and beat others shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan.
In fact, Wang and other four people have constituted the crime of gang injury and should be detained for more than 10 days and less than 15 days. But in the end, it was only detained for seven or five days, and there may be other mitigating circumstances.
3. There is a legal basis for the public security organ to suspend execution.
Generally speaking, if you refuse to accept the administrative punishment and file an administrative reconsideration, the punishment will not stop. However, if it involves the punishment of restricting personal freedom, if a reconsideration is filed, an application for suspension of execution may be filed.
Because once the administrative punishment that restricts personal freedom is implemented, if the reconsideration finds that the punishment is wrong and the detention has been executed and cannot be revoked, it will lead to misjudged cases. Therefore, the administrative punishment that restricts personal freedom is suspended.
Article 73 of the Administrative Punishment Law stipulates that if a party refuses to accept the decision on administrative punishment that restricts personal freedom and applies for administrative reconsideration or brings an administrative lawsuit, he may apply to the organ that made the decision for suspension of execution. In accordance with the law, the execution shall be suspended.
Therefore, Wang Sicong has filed an administrative reconsideration on the punishment of administrative detention, and if it complies with the law, the detention shall be suspended.
4. Suspension of execution is not non-execution. Once the administrative reconsideration maintains the punishment decision, the detention will still be executed.
However, we don't want the reconsideration process to become a delay of "illegal transactions". Once the reconsideration decision is upheld, it should be resolutely implemented and cannot be illegally changed because of his identity.
The time limit for reconsideration shall be in accordance with Article 9 of the Administrative Reconsideration Law, and a decision shall be made within 60 days from the date of accepting the reconsideration.
6. Since President Wang chose to be a "celebrity", he should actually understand that he has certain publicity. Moderate acceptance of mass media is also inevitable.