the ” machete team members have accepted the trial
the and chopper team” members to stand trial
yesterday, Changshu City People’s Court of Guangzhou attention, and the trial up to 12 days “affray series of case to sentencing did not adopt the” chopper team “He strong party made “self-defense” defense lawyers, identified “machetes team” with a kitchen knife team affray charges are established. Among them, the “machetes team” principal offender Zeng Yong been sentenced to three and a half. The main culprit of the “chopper team where strong sentenced to a year and a half (first instance for three years in August last year), the other members were sentenced to probation or exempted from criminal punishment. Compared with the case remanded, a member of the chopper team sentencing generally reduced. Informed the court verdict, the chopper team members said it would appeal.
Yangzi Evening News (microblogging) reporter Yingjie Peng Hao
April 2 last year, Changshu Zhongfa The company’s office in a fierce fight, six young people to take a kitchen knife “roll back” 24 rioters holding the machete door. In August, the “chopper Team strong to be sentenced for affray after the Suzhou Intermediate People’s Court” unclear facts, insufficient evidence “on the grounds remand.
“machete team of 9 people jailed
principal offender had courage to commit the crime of affray and sentenced to imprisonment for three years and six months;
Patrick defendant guilty of affray and sentenced to three years three months;
defendant Gong Jun, Hu Wei guilty of the crime of affray and sentenced to three years;
that the defendant, Zhu Gang guilty of affray and sentenced to two years;
Tang Wei Feng,
defendant guilty of affray and sentenced to a year in prison, suspended for one year six months;
defendant Hu Shi Yang Zhai Barbara guilty of affray and sentenced to one year.
“chopper team” of people jailed for
defendant how strong crime of guilty of affray and sentenced to one year and six months;
defendant Zhang Sheng guilty of the crime of affray and sentenced to one year and six months, suspended for two years;
defendant Chen Qiang, Zhang Renli guilty of the crime of affray and sentenced to one year two months, suspended for one year six months.
defendant Yun, as well as the crime of fashion underage Li Yifu guilty of affray and exempted from criminal punishment.
cases a focus of controversy
chopper team “” affray “or” self-defense. “
Changshu affray series of case “the most talked about is how strong affray case. For 10 days in the trial, prosecutors and lawyers around the strong, led by the chopper team “What is the biggest focus of the” self-defense “or” affray “, from the subjective and behavioral aspects of a heated cross-examination and debate. For the prosecution on what constitutes strong “affray” guilty of the allegations, the lawyers agreed that the behavior of He Qiang, who is taken in the face of violence against “self-defense”, and insists on being pleaded not guilty. Yesterday afternoon, Changshu City, the court held a news conference, Assistant to the President of Changshu City Court spokesman Li Gen-fat informed of the verdict and the case in the conviction and sentencing.
chopper team, “Why is not self-defense?
Changshu City People’s Court spokesman, Assistant to the President Li Gun said, the Court found that, in order to beg for a gambling debt, Suzhou had brave men and Xu Jianzhong men to Xu Jianzhong He Qiang, who conducted the negotiations, no agreement is reached. After HE Zeng Yong and his men during a call in mutual provocation, verbal stimulation, how strong, gathered more than ready tool, and then again take the initiative to call Zeng Yong, the two sides acrimony had courage they mustered more than catch to the Changshu Zhong hair company the second floor office. How strong, led by six young people see this situation by monitoring and holding a kitchen knife, fruit knife, waiting in the office, users are called “chopper team. Mutual cut bucket, causing the two sides trio subject Sometimes, Zhongfa part of the company property damage. Had mustered courage party personnel, carry knives, home to fight, their actions constitute the crime of affray.
how strong the party whether the conduct constitutes self-defense is the focus of the case. He Qiang side, believe that the accused and their defense, how strong a party to the defendant’s conduct, self-defense, and does not constitute an affray. Li Gen-fat said, the view of the Public Prosecution Service that how strong side trying to illegal means to force Zeng Yong party to give up part of the illegal claims not ready money of how strong mustered personnel, ready tool, and actively take the initiative to stimulate each other significantly fight deliberately, then both sides armed melee, how strong the party’s actions are consistent with the constituent elements of the offense of affray.
Lee said that the root hair, the case was due to a gambling debt dispute triggered the illegal interests of the dispute without legal protection. Disputes disposal process, how strong is actively involved in the incident for the debt-servicing problems in the morning, in case negotiations failed, both sides have significant speech act of provocation in the midday call process, resulting in the intensification of conflicts and upgrading. Especially in how strong the first time take the initiative to call the phone Zeng Yong, namely, on the other side may be home, fully prepared to fight the clear judgment and made the gathered staff, ready tools, addition will also Zhang Sheng, who is called to the corporate purpose is to ready to fight, and in the personnel in place, the circumstances of the tools available, how strong again take the initiative to call the Zeng Yong phone, fully reflects the subjective intent is not based on the defense purposes of the defendant where a strong party, but has a melee with others intentionally . In the He Qiang, et al. Preparation tool to the other side door about half an hour, during which did not take appropriate measures to avoid the fighting, and when seen from the surveillance video Zeng Yong party people Zhongfa outside the gate to get off with a knife into the company Building, He Qiang, who open the door with a knife to be fully show how strong people fighting occurred a positive attitude towards the end he fights occur.
these circumstances, the court held that, how strong mustered defendant Zhang Sheng and other armed fight with others, caused three minor injury, six defendants subjectively has a fight deliberate, objectively gathered personnel preparation tool, the implementation of the behavior of fighting each other, in full compliance with the elements of the crime the crime of affray, and the nature of their behavior does not comply with the constituent elements of the criminal law of self-defense, not self-defense.
machetes team, “Why sentencing heavier?
Zeng Yong sentencing why than how strong re-doubt, Changshu the court that, on the one hand, from the cases the cause of the number of participants, whether to take the initiative to come to the situation analysis, the Court considered the starting affray strong party to the guilt of the accused crime and where more Zeng Yong, a party to the defendant’s guilt is relatively small; the other hand, how strong a party to the status and role of each defendant in the crime, the circumstances of the crime, the guilt of the size of the obvious difference should distinguish between the treatment, has not yet caused serious consequences in view of this from the affray, He Qiang He Qiang party defendant constitute a surrender, the other accused accomplice, not directly Yun in armed and other plot, therefore, respectively, made to mitigate the punishment, and placed on probation for free to the judgment of criminal punishment.
Zeng Yong-party defendants to the implementation of the difference between the size of the status and role in the joint crime in accordance with the respective defendant treated the sentencing penalties respectively. The results of this sentencing, fully reflects the responsibility and punishment to adapt the basic principles of criminal law, criminal policy of combining punishment with leniency.
Changshu affray case record “most”
1, continuous hearing lasted 12 days
as last year. September 6 online heat transfer at the beginning of a period of fighting video on April 2, the same year in Changshu affray case, the outcome will be the vast majority of ordinary criminal cases, even if November 23 is based on facts not clear, insufficient evidence and remanded, also submerged in the moment the vast network hot topic excites several waves, nor will it continue to simmer, so that the court only with the very ordinary criminal cases continuous court hearing 12 days the Court’s history in Jiangsu are extremely rare.
2 caused unprecedented attention on the Internet
Changshu affray series of case into public view for the first time, a video from the online heat transfer in the second half of last year, friends said the history of migrant workers fought with machetes team “or” the most useless of the underworld. ” For a time, migrant workers, triad, machetes team, lending disputes, self-defense, judicial injustice “These key words in the present case, are nowadays the public focus hot spots more or less find a fit place, coupled with some media reports or information Disclosure of opaque, tendentious views amplification in the network communication, has been fighting video “spun, Changshu affray series case to the rapid fermentation of the hotspot network events and amplification, and sustained attention and on the Internet. (See A5 version of the report)
highly personalized “public interest lawyers
Changshu mob fighting series case, the most outside attention, comes as Beijing, Shanghai , Jiangsu, Zhejiang, Hunan and other places more than 10 lawyers “public interest lawyers, and why they are strong such as the chopper team” made a party pleaded not guilty, but the performance of assertive, highly personalized: after another “protest” oppose “; repeatedly cruising style roundabout questions; favorite rhetorical impassioned. The entire defense process to maintain a high profile voice, often standing to speak, is a one-stop feel tired. (See A6 version of report)
4, the most “shocking” the beginning of the trial scene
hearing, attorneys on procedural matters to the court to launch an attack “,” No ” “protest” heard, the trial is almost a standstill, which in the course of the trial for more than 10 days, the presiding judge of the speech have repeatedly defense lawyer interrupted. The trial is spread a lot of classic Ray language such as “the presiding judge must publish marital status, address, whether through judicial examination,” the presiding judge has no right to speak, and so on.
ordinary criminal case how evolved into hot events
reporter combing the case for nearly a year fermentation process found, sensitive to the word of the “triad” and “incomplete “information network to enlarge
affray case to ask
sustained attention in the previous Internet, March 19, Changshu City People’s Court on the mob fighting series trial began a retrial for a time the heat of the case to a new high. Machetes teams “,” chopper team, the lawyers, the families of the defendant, as well as public security, prosecution, courts and other parties for the first time in the public eye neat to look out of the ordinary criminal cases, how the evolution to a network Internet under the hot events provide excellent opportunities for dissection.
to some extent, the case with ordinary criminal cases, some genes artificially conferred by the potential or inherent or external, such as: migrant workers, underworld, machetes team lending disputes, self-defense, and miscarriages of justice, are nowadays the public focus hot spots, more or less find a fit place, coupled with some media reports, or information disclosure opaque, tendentious views amplification in the network communication, has been fighting video “spun to the fermentation of the hotspot network events is inevitable.the the
Yangzi Evening News reporter Aviva
“migrant workers fought with machetes team
Changshu affray” series The case for the first time into public view, from a video online of heat transfer in the second half of last year, users called “migrant workers fought with machetes team” or “the history of the most useless underworld.
this video was originally released September 6, about 8 minutes, recorded on April 2 last year, Changshu City, Zhongfa office in a fierce brawl, melee, 6 take a kitchen knife, fruit knife Youth pushed back to 24 armed with machetes, daggers door troublemakers.
Changshu Police confirmed to the Yangtze Evening News reporter, this video released by the chopper team how strong a party to the families of the original video by Zhongfa company personnel. Clip to add your own point of view, the six migrant workers in particular to strengthen the “use” chopper “to repel her door trouble 24 armed with machetes triad image, highlights one’s own in which the disadvantaged.Most
netizens know the truth, but generally there is compassion for the weak, hate the mentality of the underworld, after seeing this video, the face of the machete team door trouble indignant side for migrant workers chopper team repulsed, there are a lot of machetes team “loud applause, and almost form a one-sided momentum, yes” chopper team “against the hero of the” underworld “. Later, Zhongfa office fighting video after another to the Internet, continue to enlarge a positive image of the “chopper team.
said, how strong a party to release this video, through an online campaign to win solidarity, is laying the groundwork for the case to seek a favorable position.
trouble did not catch the first sentence “fight back”
August 15 last year, “chopper team” He strong 5 people Changshu City People’s Court to commit the crime of affray, were sentenced to three years. How strong as the principal offender appealed his conviction appeal. He Qiang Su Jinlin’s mother that the judgment is unfair, network rights complaints to no avail, the first video linked to the major sites on September 6, immediately fueled concern.
video content, the greatest attractions of the Internet soon Jibei many media reports, which referred to as the fight to keep the party “strong people have been sentenced, while the distance from the incident over the past four months, cut the door “attacking side” 24 people, no one was arrested, questioned the public security organs in handling cases and court decisions, and this is the case to attract Internet users to pay attention to a factor.
was reported that the sound comes from how strong a party, not the slightest concerned about how strong party had to conceal the identity of machetes team personnel, and the Changshu police then apprehend the “machetes team” plot “incomplete” information disclosure, and virtually pull the sides of the situation of Internet users is more sympathetic to the chopper team, or even the view that the chopper team belongs to the self-defense, and should not affray.
perhaps a coincidence that legitimate online and social concerns continues to heat up last year, Suzhou Intermediate People’s Court ruled on November 23, how strong appeal the case to the facts are unclear, citing insufficient evidence , Changshu City, sent back to court for retrial. However, the chopper team party and Internet users have more than that this is the victory of the “crowd”.
At this point, Changshu “affray” trial of the case seems to back to square one, everything is possible.
was informed that the high-profile involvement in the case was remanded
“public interest lawyers” for the cause of action out of the ordinary criminal cases upgrade with hotspot events, burned a fire of the most popular.
in the online discussion to heat up, before the remand of the case that many lawyers to participate in the discussion. The well-known friends of the Hunan Province, Feng Zhang told the Yangtze Evening News reporter, he saw the video and communication and how strong mother, I feel the case handling process there are flaws, and decided to contact all over the country lawyer, free legal assistance on how strong a party.
case remanded news came from Hunan, Beijing, Shanghai, Jiangsu and other places more than 10 lawyers announced the formation of the “public interest lawyers, high-profile involvement of the case, as the chopper Team pleaded not guilty. On the evening of November 30, the number of lawyers from Beijing, Hunan, Jiangsu and other places gathered in Changshu. The next day, the lawyers completed the Detention Center met with the defendant, to submit relevant documents to the Changshu court procedures.
Subsequently, a member of the lawyers repeatedly in the media and on the voice side of the question the public security organs in handling cases and court decisions, side of the chopper team are the opinions of self-defense, and continue to create momentum.
to hear how strong the Fang Kaiting the first day, 10-person legal team to take a “strong” attitude, kept a sharp look on procedural matters in open court, to exclude illegally obtained evidence, “no”, “protest” noise without a break in court. The defense process, in addition to adhering to strong for a party belonging to the self-defense, but also around machetes team had Yong party to the plot of suspected underworld of organized crime hot pursuit.
accompanied by their words and deeds of transfer network, the trial of the case being drawn into a wider public view, attention continues to this day.
why machetes team “party late arrest
Changshu Police: chopper team “false report, and also removes some of the video
Changshu gathered to fight the case series of social concern, a trigger point is four months after the incident, as The defensive side of the chopper team “has been arrested and sentenced, the attacking side” the machete team “did not arrest a person. During the trial, the lawyers around this alleged “machete team had courage to lead the party suspected triad gang crime, while the Changshu police were arrested for harboring and even act as the triad umbrella. A machetes team party has not yet been arrested, in the end which in place hidden? In this connection, the Yangtze Evening News reporter interviewed Changshu Municipal Public Security Bureau.
Changshu City Public Security Bureau official categorically denied the machetes team act as a protective umbrella, and stressed the investigation after the incident on the chopper team, how strong a party, Changshu Police did not relax against the alleged affray “machete team” side of the survey. “He Qiang criminal detention for five days, you had courage to handle Detention measures, and wanted by the Internet.”
Changshu Police said party staff, provide “machetes team” He Qiang, who reported not true identity, but also removed the monitor in the office fighting scene, leading to Zeng Yong party to win the full time of the escape and hide. Until October 10, police in succession to lock them settled in, had courage “machete team” party of 15 people arrested on February 10 this year, there are still nine people at large, eight of whom has been a clear identity.the share: welcome the , comment I want to the comment the
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