Yang Xiaohong said that after giving birth to her daughter, she was abused, beaten, threatened and even disabled by her husband's family, and was once illegally detained for more than 80 hours. I called the police myself, but I sent them out, so I decided not to punish them because there was no illegal fact. She took the police station to court, and the court finally revoked the decision not to be punished. However, the husband claimed that the beatings were all made up by Yang Xiaohong and did not exist.
What is the truth of the matter? Yang Xiaohong and her husband hold different opinions, but judging from the attitude of netizens, they seem to believe Yang Xiaohong's words more. If the husband's family is really paralyzed by beating and detaining Yang Xiaohong because of son preference, then this is not just a family matter, but a criminal offence!
In this case, the police station decided not to punish her husband because there was no evidence to prove the existence of illegal facts such as beatings, which was extremely irregular in the process of injury identification. This is the basis for the court to revoke the decision not to be punished. The court held that in the case of unclear injuries, the branch made a decision not to punish, the facts were unclear and the main evidence was insufficient.
The court's decision only concerns whether Yang Xiaohong's injury identification conforms to legal procedures, not whether her husband was beaten. Even if the court decides to ask the public security bureau to cancel the decision not to punish, the power to punish or not still lies with the public security bureau, and the court cannot directly decide to ask the public security bureau to make a punishment decision on her husband's family.
If the facts are really as Yang Xiaohong said, then the husband and his parents-in-law may be suspected of intentional injury and illegal detention. Whether Yang Xiaohong was paralyzed because he preferred sons to daughters does not legally affect his conviction. The husband's family took hurting Yang Xiaohong as a subjective intention, and beat and hurt her, resulting in physical disability, which exceeded the degree of minor injuries. According to the provisions of the criminal law, anyone who intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If it is a serious injury, the sentence will be heavier!
Yang Xiaohong also mentioned that he was illegally detained by her husband's family for more than 80 hours. Legally, illegal detention is an act that restricts the personal freedom of others. As long as the actual personal freedom of others is illegally restricted for more than 24 hours, or even if it is not more than 24 hours, it has other serious circumstances, which also constitutes this crime.
Yang Xiaohong was illegally detained by her husband's family. Generally, he should be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment. Coupled with the above-mentioned intentional injury, several crimes are combined.