It was learned from the attorney of Ms. Wu (a pseudonym) and the lawyer of Zhejiang Jingheng Law Firm that the police had finished the investigation of the case of "Hangzhou women being cheated by rumors", and the case was transferred to the Yuhang District People's Procuratorate of Hangzhou on June 20 with 65438.
Zheng Jingjing said that they will apply to the procuratorate for arrest in the near future.
Earlier, the Supreme People's Procuratorate instructed the Yuhang District People's Procuratorate to issue a procuratorial proposal: suggest that public security organs put on record for investigation and promote the conversion of criminal private prosecution cases into public prosecution.
According to previous reports, Ms. Wu of Hangzhou was photographed when she picked up the courier in the community. The sneak shot video was accompanied by a screenshot of the fabricated WeChat chat conversation and sent to the WeChat group. Ms. Wu was pinched into a "slut" of "derailed courier brother". On August 7, 2020, Ms. Wu called the police.
On August 13, 2020, Yuhang Branch of Hangzhou Public Security Bureau issued a police report saying that after investigation, criminal suspects Lang and He (male, 24 years old) fabricated ambiguous WeChat chat content and sent screenshots of Ms. Wu's video and chat content to WeChat group, which caused adverse social impact. According to the provisions of Article 42 of the Law on Public Security Administration Punishment, Lang and He have been given administrative detention punishment for libel.
According to the official WeChat account of Yuhang District People's Court, 10 On June 26th, the victim's agent ad litem went to the court to submit criminal private prosecution and evidence materials, claiming that Lang Moumou and He Moumou fabricated facts and slandered the private prosecutor Gu Moumou through the Internet. The circumstances were serious, and it was required to investigate the criminal responsibility of Lang Moumou and He Moumou for libel.
According to the official WeChat account of the People's Procuratorate of Zhejiang Province, on February 25, 2020, upon the suggestion of the Yuhang District People's Procuratorate of Hangzhou, Yuhang Branch of Hangzhou Public Security Bureau filed an investigation on the case of suspected defamation of Lang and He.
65438+ 10/2, Xinhua News Agency announced that the People's Procuratorate of Yuhang District, the Supreme People's Procuratorate issued a procuratorial suggestion on the case of "a woman was rumoured with a courier" in Hangzhou: private prosecution should be transferred to public prosecution, and the public security organ should file a case for investigation. This fully reflects the attitude of justice for the people: supporting citizens' rights protection and reducing the cost of citizens' rights protection.
At the press conference of 65438125, Zheng Xinjian, member of the the Supreme People's Procuratorate Municipal Procuratorate and director of the Office of the Fourth People's Procuratorate, suggested that the public security organs put on record the case of a woman in Hangzhou who was rumoured to get a courier, so as to push the criminal private prosecution case into public prosecution and send a strong signal to the society that "cyberspace is not a place outside the law".
According to the official WeChat account of the People's Procuratorate of Zhejiang Province, on June 26th, 10, the victim filed a criminal private prosecution with the Yuhang District People's Court of Hangzhou, and the Yuhang District People's Court of Hangzhou decided to file a case on February 26th, 18, requesting Yuhang Branch of Hangzhou Public Security Bureau to provide assistance according to law.
In the meantime, the relevant video materials were further spread and fermented on the Internet, and the case changed. The behavior of Lang and He not only damaged the victim's personality right, but also spread rapidly through the specific social field and region of network society, seriously disrupting the public order of network society, causing insecurity to the general public and seriously endangering social order. According to the second paragraph of Article 246th of the Criminal Law of People's Republic of China (PRC), it should be held accountable.
What does it mean to turn private prosecution into public prosecution?
What does it mean to turn private prosecution into public prosecution? This means that the nature of the case has changed. Earlier, Wu Shuzhen's attorney, Zheng Jingjing, said in an interview that the crime of libel belongs to private prosecution in principle and is not directly investigated by public security organs.
The crime of insult stipulated in Article 246 of the Criminal Law clearly states that "anyone who publicly insults others by violence or other means or fabricates facts to slander others" and demands that "only words and no deeds are done, except those that seriously endanger social order and national interests". This is a typical case of private prosecution.
"However, the Criminal Procedure Law also stipulates that if the crime of defamation seriously endangers social order and national interests, it can be filed as a public prosecution case." Zheng Jingjing said that in essence, in a case of private prosecution, it is the private prosecutor's own obligation to collect and collect evidence. After the case is turned into a public prosecution case, the public security organ will intervene on behalf of the state public power, and the investigation power is far greater than that of the private prosecutor, so the case will progress more smoothly.