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i was driving into a road and was attacked by many people for honking my horn. i didn't fight back the whole time. a few days ago, mr. ma, a 44-year-old man from datong, shanxi, was interviewed by a reporter from dafeng news of the chinese business daily. after the police filed a criminal case and transferred it to the procuratorate, the prosecutor not only changed the charge of suspected provocation to intentional injury, but also dismissed one of the main attackers for insufficient evidence. approved for arrest.

>>>the night of the crime

a man drove past a hotel and was insulted and beaten for blocking the road and honking his horn.

on september 26, more than five months after the incident, mr. ma still feels that the legs and feet he was beaten are still weak. he recalled to the dafeng news reporter of the chinese business daily what happened when he drove past the entrance of a hotel on xihuan road, pingcheng district, datong city .

"at about 9:50 in the evening on april 22, i was driving by normally. there were two men standing in the middle of the road. i stopped driving for about 10 seconds. i thought they would definitely give way to both sides when they saw the headlights. as a result, they didn't move out of the way, so i honked the horn. they thought i was honking the horn, so they cursed me, leaned in from the passenger window and beat me, threw things at me, and shouted, "you're going to fuck me." car! ', i just opened the door and stepped out of the car, and a group of people came up to me, punched and kicked me, pulled my clothes and choked me. "

mr. ma said: "a man wearing white short-sleeves hit me on the head with his fist. the person who did it was drunk and acting crazy. i have the video of them beating me. there were 12 people on the other side, 6 people in total. do it. there were two people in my car at the time. after i was beaten, they got out of the car and stopped me. they took videos and called the police, but there were too many people on the other side, so it didn’t help. they were threatened and intimidated and were not allowed to take videos. grab the phone."

the live video provided by mr. ma showed that there were many participants and the scene was chaotic. the video was interrupted several times.

siege scene

>>>injury assessment

it constituted a minor injury, and the police filed a criminal case on suspicion of picking quarrels and provoking trouble.

mr. ma told reporters: "when the police arrived, 10 people on the other side had already run away, and only two people were at the scene. the police asked us to drive to the police station to record notes, and then asked me to go to the hospital to see my injuries. the hospital issued a diagnosis it turned out that i had a big bump on my head, severe contusions on my head, abdomen and legs, large bruises, and swelling all over my legs. i couldn’t even wear normal pants at that time.”

the hospital diagnosis certificate showed that mr. ma had soft tissue contusions on his head, soft tissue injuries on his abdomen, and soft tissue contusions on his left thigh. the doctor recommended follow-up consultation for discomfort.

hospital diagnosis certificate

leg soft tissue contusion

mr. ma later learned from the public security agency that among the 12 people on the other side, 7 were locals from datong, shanxi, and 5 were from other provinces, basically all of them born between 1991 and 1992.

"on that day, datong locals invited these four henan people to a restaurant for dinner. among the six people who hit me, i only know the names of three of them. among them, wei and su are from datong, and wang is from henan. they are all friends. as for what they do, the police did not tell me.”

on april 24, the zhenhua south street police station of the pingcheng district branch of the datong municipal public security bureau issued an administrative case filing notice to mr. ma.

"the police began to tell me that they would deal with the attacker with full force, and that he would be detained for 15 days. on april 25, the police from the police station took me to the forensic appraisal center of the datong public security bureau. i spent 2,000 yuan at my own expense to conduct an injury appraisal. in may the diagnosis on the 25th was minor injuries, and the police changed the case to a criminal case.”

on may 25, the pingcheng district bureau issued a notice of filing a case, indicating that the bureau believed that the suspect was suspected of picking quarrels and provoking trouble and should be held accountable in accordance with the law. the conditions for filing the case were now met and the case was investigated as a criminal case.

mr. ma emphasized that he did not fight back in the whole process. if he fought back, it would be a fight. "the public security agency also said that the video of the scene was very clear. i didn't fight back at all. i didn't hit anyone or curse anyone. the police also had roads and restaurants." surveillance video, i can bear any legal responsibility for it. i am the victim of being beaten, including the case filing notice. ”

>>>change of charges

there are differences of opinion on the case, and the man who assaulted the person was not arrested due to insufficient evidence.

mr. ma said that not all the six people who participated in beating him took measures. "after the results of my injury assessment came out, only three people were arrested. on june 2, the police informed me that they had reported the arrest to the district procuratorate. it has been transferred to the district procuratorate, but i learned from the procuratorate that on june 4, wei, one of the three people who violently beat me, was a man wearing white short-sleeved shirts. he was released because there was insufficient evidence and the procuratorate refused to approve his arrest. , saying that he did not commit a crime, and the procuratorate changed the charge from being suspected of provoking trouble to intentional injury.”

mr. ma told reporters, "the public security agency said that after research by the bureau's party committee, it believed that wei had committed a crime. i went to the petition hall of the pingcheng district procuratorate, and the prosecutor who received the interview also believed that it was a joint crime. he said that not only did he beat me physically, but also at the scene those who chased, intercepted, insulted and threatened me were all joint offenders. i also hired a lawyer and said that he was a joint offender."

mr. ma told reporters, "i have gone to the district procuratorate no less than 10 times, and to the first procuratorate to inquire. why did the procuratorate change the charge when the public security agency determined that it was picking quarrels and provoking trouble? the prosecutor handling the case said that their understanding is different from that of the public security agency. that's how they are. you know, i have a recording of the entire process.”

relevant recordings show that the prosecutor handling the case admitted that the public prosecutor had different understandings of the case's qualitative nature. "it is legally normal to change the nature of the case. it does not mean that the public security organs handled the wrong case, but it is normal to have different understandings of the case."

mr. ma is 44 years old, a native of hunyuan county, shanxi province, and a retired soldier. he hopes to maintain legal fairness and justice. “i am fighting for my legitimate rights and interests based on reason. i have no other demands. i hope that as long as people involved in illegal crimes all should be severely punished.”

>>>prosecutor’s response

"he took action. he was a co-defendant. the injuries caused by the action were different."

on september 27, a reporter from the chinese business daily dafeng news contacted the prosecutor handling the case at the pingcheng district procuratorate of datong city and confirmed that wei had been released.

"mr. ma is the victim, wei was let go, and he did it. we determined that the parts of his injuries were different, and he did not hit them at the same time. i can only tell you this, he did it at the same time. case, but now we can only say that he is just a suspect.”

the prosecutor handling the case said that if the injury is intentional, wei does not constitute a crime. currently, only wang and su are involved in the case, and they only need to be held legally responsible.

the prosecutor handling the case admitted that no relevant written legal documents were provided to mr. ma. "we don't have any requirement to provide him with this thing (in writing), we don't give him these instructions, we just give it to the public security agency."

the prosecutor handling the case told reporters, "the change of charges has been explained to him (mr. ma) many times, and he has come to the (procuratorate) several times."

mr. ma introduced that wei is 33 years old and from datong. on september 27, a reporter called wei's phone to inquire about the case and release. the other party did not want to say more, "who are you? you are from the media. i will call you back later. i have something going on right now." "then he hung up the phone and never responded.

>>>lawyer’s statement

what are the differences in sentencing standards for intentional injury and provocation?

"as a victim, after encountering unprovoked violence, he has the right to ask the judicial organs to handle the case fairly and protect his legitimate rights and interests." fu jian, a well-known criminal defense lawyer and director of henan zejin law firm, believes that mr. ma's complaint is reasonable.

fu jian introduced that the main difference between the crime of picking quarrels and provoking trouble and the crime of intentional injury is the different legal interests infringed. the legal interest protected by the crime of intentional injury is the life, health and safety of natural persons; the legal interest infringed by the crime of picking quarrels and provoking trouble is social and public order.

mr. ma was beaten, insulted, and stopped on the road. the behavior of the above-mentioned perpetrators has constituted the criminal act of provoking quarrels and provoking trouble. moreover, picking quarrels and provoking troubles often occur in public areas, infringing on the property and personal safety of unspecified people. the perpetrator randomly beat mr. ma who was passing by on the road, which complied with the behavioral requirements of picking quarrels and provoking troubles, and caused serious damage to social order.

as for the crime of intentional injury and the crime of picking quarrels and provoking trouble, the sentencing standards are different. under normal circumstances, the crime of intentional injury shall be punished by fixed-term imprisonment of not more than 3 years, criminal detention or public surveillance. if the crime is minor, the social impact is small, the victim is at fault or the defendant has fully compensated the victim for economic losses, etc., the court may impose a lighter punishment when sentencing, such as a lighter sentence such as criminal detention or surveillance. the general sentencing range for the crime of picking quarrels and provoking troubles is fixed-term imprisonment of not more than 5 years, criminal detention or public surveillance. the specific sentencing standards should be determined based on the circumstances.

fu jian suggested that if mr. ma is dissatisfied with the procuratorate's decision not to approve the arrest, he can apply for reconsideration or review by the procuratorate at the next higher level and request a re-examination of the facts and evidence of the case.

li hua, reporter of dafeng news of huashang daily