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xie chengfeng, a 70-year-old farmer from guangshan county, xinyang, henan, once blocked the construction of the land occupied by the construction project with her son in 2014. at that time, xie chengfeng stabbed a staff member.

eight years later, xie chengfeng was held criminally responsible. according to the verdict issued by the guangshan county people's court on october 26, 2023, xie chengfeng was sentenced to one year and six months in prison for the crime of provoking disturbances, while xie chengfeng's son lü bing, who had blocked the construction together, was exempted from arrest and prosecution.

recently, a reporter from red star news contacted the prosecutor in charge of the case, who said that the case had been appealed and was being heard in the second instance. the reporter also contacted the person in charge of the xianshan police station of the guangshan county public security bureau, who was in charge of the case, but he refused to be interviewed by the reporter.

at present, the second instance of the case is being heard at the xinyang intermediate people's court.

▲screenshot of xie chengfeng’s verdict

blocking the construction of clearing the surface attachments of the expropriated farmland

woman stabbed street office staff

according to the court's first-instance judgment, on september 14, 2022, lv bing was filed for suspected provocation and disturbance. on september 16, xie chengfeng was detained for provocation and disturbance due to an old incident eight years ago.

lu bing recalled that in 2014, the two acres of farmland cultivated by his family were expropriated for the west third ring road project. as the compensation issue was not resolved, he and his parents stopped the street office staff from clearing the surface attachments.

according to the court's first-instance judgment, it was found that at about 2 p.m. on january 2, 2014, the xianshan subdistrict office of guangshan county organized personnel to clean up surface attachments at the section of the west third ring road project located in the lvweizi village of the office. this involved the expropriation of about 2 mu of land from the defendant xie chengfeng's home. in order to obstruct the construction, the defendant xie chengfeng stood at the site of cleaning up surface attachments and insulted the office staff member li moumou at will, and pushed, pulled and kicked li moumou. the office staff member deng moumou stepped forward to persuade xie chengfeng, and xie chengfeng insulted deng moumou again. during the process, lv bing pulled out a tuft of deng moumou's hair with his hand. lvweizi village cadre zhang moumou stepped forward to persuade, and xie chengfeng pulled out zhang moumou's hair with his hand. later, because xie chengfeng wanted to jump into the pond, the office staff member shen mou stepped forward to stop xie chengfeng, and xie chengfeng stabbed shen mou's chest near the front midline to the left with a scalpel he carried with him. on september 29, 2022, it was determined that: shen's injury was minor; zhang had no visible injuries on his body; and deng had no visible injuries on his body.

according to the transcript made by shen in 2022, shen tried to stop xie chengfeng from jumping into the pond when the incident happened. "... i stood in front of the old lady and tried to persuade her not to do anything stupid. as soon as i finished speaking, the old lady stabbed me in the chest... it was cold at the time and i was wearing a cotton jacket. the blood dyed the jacket red..."

shen's medical record shows that on january 2, 2014, he was hospitalized in guangshan county people's hospital for treatment due to a stab wound in the chest by someone else, and was discharged on january 5 of the same year.

on october 12, 2022, the guangshan county public security bureau submitted a "request for approval of arrest" to the guangshan county procuratorate on suspicion of provoking disturbances against lv bing and xie chengfeng. on october 20, 2022, the guangshan county people's procuratorate issued a "decision on approval of arrest" for xie chengfeng, and a "reason for not approving arrest" for lv bing. in september 2023, the guangshan county people's procuratorate issued a decision not to prosecute lv bing.

▲decision not to prosecute lv bing

lü bing escaped arrest and prosecution, but his mother xie chengfeng was found guilty of provoking disturbances at the first instance. according to the verdict issued by the guangshan county people's court on october 26, 2023, xie chengfeng was sentenced to one year and six months in prison for provoking disturbances.

after lv bing and his mother were put under criminal investigation, lv bing was placed under house arrest for a period of time.

lawyer’s interpretation:

why was the case prosecuted 8 years ago?

fu jian, director of henan zejin law firm, explained that according to the provisions of the criminal law of the people's republic of my country, crimes will no longer be prosecuted after the following periods: if the statutory maximum penalty is less than five years of fixed-term imprisonment, after five years; if the statutory maximum penalty is more than five years but less than ten years of fixed-term imprisonment, after ten years. those suspected of the crime of picking quarrels and provoking trouble shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or control. if they gather others to repeatedly commit the acts in the preceding paragraph and seriously disrupt social order, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may be fined. therefore, generally speaking, the crime of picking quarrels and provoking trouble will not be prosecuted after five years, and if the circumstances are serious, it will not be prosecuted after ten years.

fu jian said that the case was still being prosecuted after 8 years, which might be because of the seriousness of the case, which required a 10-year prosecution period. after the public security organs filed a case for investigation, evading investigation may also be the case. if the victim filed a complaint within the prosecution period, the people's court, the people's procuratorate, and the public security organs should have filed a case but did not, and they are not subject to the prosecution period. in addition, if the statute of limitations was interrupted, that is, if another crime was committed within the prosecution period, the prosecution period for the previous crime would be calculated from the date of the subsequent crime. the above-mentioned situations may lead to the fact that the criminal behavior has not exceeded the prosecution period, but will still be prosecuted.

recently, the reporter contacted the prosecutor in charge of the case, who said that the case had been appealed and was being heard in the second instance. at the same time, the reporter contacted yan, the head of xianshan police station of guangshan county public security bureau, who was in charge of the case, and asked why the case was reopened in 2022 after 8 years. he refused to be interviewed by the reporter. in addition, the reporter contacted dai, the then secretary of xianshan sub-district office who participated in the case in 2022, who refused to be interviewed by the reporter.

the reporter also contacted the victim in this case, shen, and asked about the circumstances at the time of the incident and whether he had called the police again in 2022. he said "i can't remember it" and hung up the phone.

at present, the second instance of the case is being heard at the xinyang intermediate people's court.

red star news chief reporter wu yang