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what legal issues are involved when a released prisoner reports prison management chaos with his or her real name?

2024-09-29

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recently, wang yong, a released prisoner, reported with real name that the internal management of heilongjiang province no. 63 prison (hereinafter referred to as "no. 63 prison") was chaotic. with the connivance of the prison guards, inmates played cards and gambled in the prison area for a long time and illegally used mobile phones to communicate with the outside world.

in this regard, a prison guard at no. 63 prison said after briefly understanding the content of wang yong's report: "we must verify it."

according to the new yellow river report, wang yong was detained in qiqihar prison in heilongjiang province for the crime of theft, and was later transferred to liusan prison. he was released after serving his sentence in july 2023.

photos of inmates gambling and other materials provided by it show that several men in prison uniforms are sitting together, with hundreds of dollars in cash, opened cigarette boxes, and cigarette butts scattered on the table or bed. ashtray. the dates are marked in the lower left corner of these photos, which are from february 10 to 14, 2021. the specific time is detailed in the morning or afternoon period.

wang yong said that these photos were taken by an inmate a of the no. 63 prison. because a was ostracized by inmates and guards in the prison, he secretly used his mobile phone to take photos of the gambling behavior of the inmates of the no. 63 prison. since then, wang yong has also used this mobile phone in prison and kept relevant photo materials. around september 2021, he sent the photos to his brother outside the prison, so these photos leaked out of the prison.

wang yong said that although the liusan prison was equipped with cameras and signal jammers, with the connivance of the prison guards, he saw with his own eyes that inmates used cash to gamble for a long time and secretly used mobile phones to communicate with the outside world. after he was released from prison, he also received a video chat invitation from the inmates of no. 63 prison.

the screen recording video provided by wang yong showed that in the video, prisoner b said that he was in the "dormitory" and revealed that the prison was about to move to a new building. he was worried that he would no longer be able to use his mobile phone to communicate with the outside world. "we will move to the new building soon. the move is finished." it’s over.” “(there are) five or six days (to move), just this week.” another inmate c in the video said, “my sentence has been reduced and i will go home next monday.” afterwards, the two inmates discussed their plans after being released from prison.

judgment documents network shows that there is indeed an inmate named b in liusan prison. he was sentenced to 13 years in prison by the court in 2014 for committing rape. wang yong said that b in the video and b in the referee documents website are the same person. in addition, wang yong also provided the wechat conversation record between him and b. although some of the content has been deleted, the time span of the conversation record still extends from march 2024 to july 2024.

wang yong has emphasized many times that what he said and the relevant evidence are true. a, who filmed the inmates gambling, and b, who had a video connection with him, are still serving their sentences. it would not be difficult for the prison to verify the facts.

wang yong believes that the frequent chaos in june 3rd prison is caused by the long-term connivance of prison guards. he hopes that no. 63 prison and relevant management departments can conduct a thorough investigation into the above-mentioned chaos and hold relevant personnel accountable.

on the afternoon of september 27, wang yong reported the situation and relevant evidence to the disciplinary inspection department of no. 63 prison with his real name.

in front of the prison gate, two prison guards received wang yong's report materials. after briefly understanding the content of wang yong's report, one of the prison guards said: "we must verify it." at the same time, the prison guard also revealed that there were indeed wang yong mentioned mr. a who took the photo. in addition, wang yong also sent the reporting materials to the heilongjiang provincial prison management bureau via registered mail on the same day.

why did wang yong choose to report under his real name? he claimed that he was injured during his sentence and developed symptoms in his lower body. the prison guards failed to treat him in time, which eventually led to necrosis of his left testicle. he was assessed as an eighth-level disability, which affected his fertility. for this reason, wang yong took the hospital involved and no. 63 prison to court, demanding accountability.

in 2024, wang yong sued the qiqihar jianhua hospital and no. 63 prison involved in the incident to the court, demanding that the two defendants compensate for lost work, disability compensation, mental loss, etc., totaling more than 570,000 yuan.

the new yellow river reporter learned that on september 20, 2024, the jianhua district people's court of qiqihar city opened a hearing on the case. as of september 27, the case was still under trial.

lawyer interpretation

regarding wang yong’s real-name report,lawyer huang ruijun from zhejiang yuhua law firmanalysts believe that this matter involves multiple legal issues.

if the internal management of the prison is chaotic, and the inmates are gambling and using mobile phones, etc., it is a violation of the relevant provisions of the "prison law of the people's republic of china", and the prison may need to bear corresponding administrative responsibilities or even criminal liability.

if prison guards fail to perform their duties or even condone violations, they may be suspected of dereliction of duty. according to the provisions of article 397 of the criminal law of the people's republic of china, any state functionary who abuses his power or neglects his duties during his official activities, causing serious consequences, will be held criminally responsible.

lawyer huang ruijun believes that if wang yong’s claims of injuries and delayed treatment during his sentence are true, the prison may be liable for corresponding medical damages. according to article 1218 of the civil code of the people's republic of china, medical institutions and their medical staff shall bear tort liability if they cause damage to patients due to their fault during diagnosis and treatment activities.

"according to the provisions of article 110 of the criminal procedure law of the people's republic of china, any unit or individual has the right to report criminal acts. as a whistleblower, wang yong's legitimate rights and interests should be protected by law, and reporting behavior should not undue interference or retaliation." lawyer huang ruijun said, "wang yong has reported the relevant situation and relevant evidence to the disciplinary inspection department of liusan prison, and the case has entered judicial proceedings in accordance with the criminal procedure law of the people's republic of china. it stipulates that judicial organs should handle cases independently and impartially in accordance with the law and ensure a fair trial of the case.”

lawyer yao jianwei from beijing weiheng law firmxiang "fadu law" stated that according to some provisions of the "general provisions" of the "prison law of the people's republic of china", prisons implement the principles of combining punishment and rehabilitation, education and labor for criminals, so as to transform criminals into law-abiding citizens. prisons should supervise criminals in accordance with the law, organize criminals to engage in productive labor based on the needs of reforming criminals, and provide ideological, cultural and technical education to criminals. it can be seen that the primary task of prisoners in prison is to receive education and reform, strive to become law-abiding citizens again as soon as possible, and prepare for returning to normal society in the future.

lawyer yao jianwei said that prisoners living in prison should strictly follow the work and rest schedule set by the prison. obviously, gambling is strictly prohibited, and there are corresponding rules and regulations regarding the time and method of communicating with the outside world.

"gambling requires playing cards and other gambling equipment, and communicating with the outside world requires mobile phones and other communication tools. these illegal items can exist in prisons for a long time. it would be impossible without the long-term connivance of prison guards. this means that these illegal items are directly responsible for the management prison guards who live and communicate with inmates may have violated the provisions of article 397 of the criminal law. if there is a result of "causing serious losses to public property, the interests of the country and the people", it can constitute the crime of dereliction of duty. "lawyer yao jianwei said.

lawyer yao jianwei also mentioned that prison guards often have direct interests in the process of allowing prisoners to use gambling equipment to gamble or use mobile phones to communicate with the outside world in violation of regulations, and they need to pay attention to whether they are suspected of committing bribery crimes.