Contemplation: A Case Of Assaulting Police Caused By A Shoe
< p > yesterday, Chaoyang Court heard such a thought-provoking criminal case.
Wang Li, 42 years old (a pseudonym), is a attending physician in An Zhen Hospital.
At 6 o'clock in the evening of October 22, 2012, Wang Li, who was invited to attend the consultation, flew back to Beijing from Taiwan and landed at the T3 terminal of the Capital International Airport.
When the baggage was picked up at the airport, an old lady pushed her luggage cart to her < a href= "http://www.91se91.com/news/index_x.asp > shoes < /a >.
< /p >
< p > the old lady hastened to apologize.
Wang Li didn't care, but she soon discovered that he had just bought a new shoe with no more than two days from Taipei for NT $4800 (1200 yuan), and was cut 3 cm long.
"I had a loud voice and I cried when I found it. I said," my shoes are thousands of bought. "
Wang Li said, the old lady has been apologizing, although she is very distressed, but at the beginning did not want the elderly to compensate.
< /p >
< p > at this point, if one person makes one step, there will be no disputes behind it.
But the old lady's 78 year old wife irritated Wang Li in words, and she decided to call the police for help.
< /p >
< p > "he came up and said," we have no money. You Beijing people are rich. Let the Beijing people pay for it, or else I will pay you.
This is too insulting! I said I didn't want you to pay for it. If so, you can't go! "Wang Li, who was angered by the words of the old man, called the police and demanded an apology and compensation.
Wang Li said, "I want the police to educate him, so old age is not respected!" < /p >
< p > then, a policeman surnamed song came to the scene first.
From the video footage shown in yesterday's trial, it can be seen that at that time, the old gentleman's emotion was a little excited, and he kept blaming Wang Li loudly, and the police tried hard to discourage the elderly.
The old lady kept apologizing to Wang Li.
< /p >
< p > < strong > a word leads to the confrontation between the police and the people < /strong > < /p >
The intervention of < p > a href= "http://www.91se91.com/news/index_x.asp" > civilian police < /a > failed to calm the incident.
On the contrary, because of a word in Police's voice, Wang Li, who made active call for help, pferred the contradiction to the police.
< /p >
< p > "he (Song Jingguan) pointed his finger in my face and said," I tell you, don't give me an inch.
I was surprised.
I said, young man, you can enforce the law, you don't want to talk like this. What size did I get into? I didn't even pay for him.
Yesterday, at the request of the defender, Wang Li imitated the song police officer's finger pointing at her in court.
But the video taken by song Sergeant using the law enforcement device later confirmed that Wang Li's description was somewhat exaggerated.
< /p >
< p > from the video we can see that song police officer has been trying to do mediation work, pressing the anger of both sides.
"First of all, because you are wrong, you should apologize to others."
Song police officer finished talking to the old two, and turned to Wang Li: "you have a little unreasonable."
< /p >
< p > "I haven't got a cent. We haven't been to the mall in more than ten years."
The old two said they had no money.
"No way! You can go to Canada. You haven't got any money yet?" the old man came back from Vancouver to Beijing for a pfer.
In the video, police officer song was repeatedly persuaded: "the age of the old is large."
And inform the two sides that the elderly should apologize, if the two sides can be private, and can not be selfish, then go to court to fight.
But because the old man refused to apologize, Wang Li was also reluctant to give up.
< /p >
< p > about 16 minutes, song police officer said to Wang Li: "you see that the old woman has given you so many apologies, so don't push your luck."
When he said this, police officer song did not point his finger at Wang Li.
< /p >
< p > but the words "don't push your luck" still make Wang Leighton feel humiliated and thus point the finger at the police.
Wang Li insisted that the police officer of Song Dynasty explain the "insatiable step", instead he said to the old lady who came to apologize again, "I don't blame you, aunt. It doesn't matter to you."
< /p >
< p > "why do you say I am insatiable?
Did I ask her to lose money? "Yesterday, Wang Li again questioned the song police officer who testified in court.
< /p >
< p > according to song police officer, after his work, the old lady apologized repeatedly to Wang Li, but Wang Li refused to accept the apology and insisted on compensation.
At that time, a large number of tourists were stranded on the scene. In this case, he used words to stop the two sides and let the two sides refrain from it.
< /p >
< p > prosecutors believe that the police say "insatiable" is a little too extreme.
According to the contents of the law enforcement recorder, song police officer has always been persuasion, tolerance and solicitation to the two sides in the process of law enforcement, which has always been lawful, civilized and courteous.
There are some excesses in the case of Wang Li's unwillingness to forgive and the claim to go beyond the scope of the loss, but we do not think this statement is inappropriate or offensive.
< /p >
< p > < strong > the contradiction escalation < /strong > < /p >.
< p > later Wang Li said he would give up all demands and ask to leave.
If the police let Wang Li go, he would not become a criminal case later.
But the police stopped Wang Li.
In court yesterday, the prosecution and defense had a heated debate on whether the police had any power to stop Wang Li from leaving a href= "http://www.91se91.com/news/index_x.asp". "/a".
< /p >
< p > there were several police officers who came to reinforcements later.
A policeman told Wang Li that if the old man had anything to lose, she would take full responsibility.
Wang Li said that the police's treatment would not have any result. She was afraid that the other side would mistake her. So she said she would give up all her demands and leave the airport, but she was stopped by the police.
< /p >
< p > Wang Li said that she was pushed to the ground by the police two times for fear of escape.
But according to a police officer Zhang Mou and an airport staff, Wang Li ran down while he was shooting with his cell phone while running.
< /p >
< p > officer Zhang said, "I stopped her. She fell to the ground and yelled at the police to hit someone. I helped her in the past. She quickly hit my face two times with her right hand."
Song police officer said he also saw Wang Li kicking the police officer with his foot and wounded the officer Zhang's hand.
In view of Wang's assaulting police behavior, the police put handcuffs on her after three oral summons.
< /p >
< p > yesterday, Wang Li's defender asked officer Zhang what was the legal basis for stopping Wang Li from leaving.
Zhang police said, because the matter has not been completed, the two parties' identity information has not been verified, so the police will not let Wang Li leave the scene.
According to the public security mediation procedure promulgated by the Ministry of public security, if a party requests not to deal with or reach agreement, the identity information of the party should be recorded in detail.
< /p >
< p >, but the defender said that when he arrived at the scene, police officer song had recorded Wang Li's identity card.
The defender believes that this is not a case of public security. According to the law, when a citizen meets a civil dispute and calls for a police mediation, once the citizen asks to give up mediation, the police have no right to coercive the mediation.
Wang Li renounced his claim and had the right to leave the scene.
In order to verify the identity information, the police restricted Wang Li's freedom, which was improper in law enforcement.
< /p >
< p > prosecutors believe that the police need to verify Wang Li's identity if things are not finished. If the old man's body is in danger, civil disputes may turn into a public security case.
< /p >
< p > < strong > whether it is a nuisance to public affairs is the focus. < /strong > /p >
< p > yesterday, in the court, the prosecution alleges that Wang Li had beaten the police station of the East China Railway Station in the airport public security bureau that came to deal with the dispute, causing Zhang's right hand middle finger skin to be contusions and obstructing the police to perform their duties according to law.
After identification, Zhang's injuries do not constitute minor injuries.
But Wang Li's behavior constituted a crime against public business.
< /p >
< p > "how can I beat him? My mother is a teacher. I never said a dirty word from small to large! I never read the law before, but after that, I read all the laws.
My behavior is not at all a nuisance to official business. "
Wang Li insisted that he had no crime.
< /p >
< p > judge asked Wang Li: "have you ever been violent or aggressive to the police?" Wang Li asked the judge, "no violence. I don't know what is extreme and struggling. I don't want them to be close to me. I'm scared."
< /p >
< p > yesterday, Wang Li told her story vividly in court. When it comes to grievances, she was out of control for a while.
< /p >
< p > reporter understands that Wang Li has not admitted his guilt from beginning to end since he entered the police station.
She was detained for 15 days, and was later released on suspicion of criminal offences.
< /p >
< p > yesterday, the police provided the video recorder of the law enforcement recorder. There was only the video in front of mediation, but there was no content behind the police pursuing Wang Li, Wang Li falling down and Wang Li beating the police.
Wang Li said that the video that she had been chasing and falling down with her cell phone was also deleted from her cell phone by the police afterwards.
And the airport surveillance video produced by the prosecutor can only be seen that Wang Li was surrounded by several police officers. Among them, Wang Li had stepped forward and the police were backing away, but she could not see that she had hit the police.
In the evidence, only the testimony of the police and the testimony of the old lady and the airport staff can prove that Wang Li has moved his hand, but the defender thinks that these are the stakeholders.
< /p >
< p > "Airport video has no dead end. Why can't the video data of the two time of landing be mobilized? What exactly happened during this process? This can not be proved. Then Wang Li's instinctive struggle can not be regarded as assaulting the police."
Wang Li's defender believed that the prosecution could not provide a video that clearly showed Wang Li beating the police, which was unable to prove that Wang Li had implemented the act of interfering with official duties.
The defender asked the court to judge Wang Li's innocence.
< /p >
< p > < strong > tragic outcome. Who is it? < /strong > < /p >
< p > "if I hadn't asked for help from the police, I wouldn't have gone to court today. In fact, I finally gave up my appeal."
This is Wang Li's own conclusion.
< /p >
< p > yesterday, Wang Li's defender, in concluding his statement, said with a deep voice that the court should not have happened.
"How could the original civil dispute be turned into a conflict between the police and the people?" the defender said that in this case, the duty of the police is to prevent the expansion of the situation and to quell civil disputes. If it can not be appease, it should guide citizens in a reasonable way to deal with them in accordance with legal procedures.
< /p >
< p > "however, the behavior of the police is on the contrary, not only does not quell the contradiction, but intensifies the contradiction.
This shows that the police's words and deeds are inappropriate, reflecting a level of law enforcement.
In addition, the police still have subjective arbitrariness in the process of law enforcement, and do not know how to respect the legitimate rights and interests of citizens, which has led to the tragic mistake of today.
< /p >
< p > defender also said that this is a lesson for Wang Li.
"Medicine is very proficient, but it is not deep in the world.
She should know more about society, and step back and understand it. "
< /p >
< p > prosecutors believe that Wang Li has repeatedly intensified contradictions, repeatedly disrespected law enforcement officers and assumed the primary responsibility for tragic results.
< /p >
< p > prosecutors recommended that Wang Li be sentenced to detention for 2 to 4 months and probation.
According to the defender, Wang Li's unit leaders have always regarded Wang Li as a very good doctor. She is very professional in academic field.
This has led to Wang Li's work in a semi stagnant state.
If the court finally finds that Wang Li's criminal offences are established, Wang Li will face the outcome of being revoked of a doctor's license and leaving the hospital.
< /p >
Police officers on the day of "P" were also very young.
Song police officer is only 26 years old, and the injured officer Zhang is 28 years old.
A crowd told reporters that the whole process looked like a farce.
"If an experienced policeman at that time was to deal with it, or the two sides would not be so fierce, there would be no such result."
< /p >
< p > < strong > the judge summed up his heart and soul, < /strong > < /p >.
< p > yesterday's trial lasted from 10 a.m. to 3 p.m., 5 hours in full, without pause in the middle.
This situation is not common in the previous trial.
And yesterday, there are many of the people who are listening to the airport branch of the "a href=" http://www.91se91.com/news/index_x.asp "> police < /a >.
< /p >
< p > court trial has no result, but after the trial, the trial judge made a hard and sincere summary: "this case is pformed from the common people's contradiction to the conflict between the police and the people, from civil to criminal. I think this case is very meaningful for building a country under the rule of law and promoting the construction of the rule of law.
Today, so many people here have listened to the trial, and I think I have gained something, especially for law enforcement officers.
< /p >
< p > the judge said that the collegial panel would comment fully, seriously and cautiously after the court, weigh the evidence and make another judgement on the date.
< /p >
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