From victim to suspect, impulse is the devil!

Compiled from The Paper
 
Ningbo man Lu, after being defrauded of 1.6 million yuan, encountered the scammer and, together with an accomplice, beat him until he suffered fractures, transforming from a victim into a suspect of intentional injury.

 
 

Case review
Based on the criminal facts of Lu and three others, their compensation and forgiveness, as well as the victim's fault, after a hearing, the prosecutor's office recently made a decision not to prosecute in accordance with the law.
 
Lu ran a real estate agency and also provided short-term bridging loans to clients with cash flow difficulties. In May last year, Zheng and others conspired to arrange a fake landlord and a fake agent to seek a bridging loan from Lu. At the real estate transaction center, Lu's company lent 1.6 million yuan to Zheng, who immediately paid the fake landlord on the spot, then fled the scene under the pretext of using the restroom, while the fake landlord and fake agent also made excuses to slip away. A few days after reporting the case, Lu and three others happened to encounter Zheng at a bathing center. Zheng turned and left immediately, and Lu and the others rushed over and pinned him down. Lu punched Zheng, causing three rib fractures, which were identified as a minor injury level two.
 
After the incident, Lu and three others voluntarily surrendered to the public security authorities, compensated Zheng with 108,000 yuan, and obtained his forgiveness. Based on Lu and the others' criminal facts, attitude of admitting guilt, compensation and forgiveness situation, and the victim's fault, the prosecutor organized a hearing. Municipal People's Congress representatives and people's supervisors, after deliberation, recommended lenient handling of Lu and the others. Recently, the Cixi Prosecutor's Office made a decision not to prosecute Lu and the others and issued a prosecutorial opinion recommending that the public security authorities impose administrative penalties. Zheng and others have been prosecuted by the prosecutor's office to the court for suspected fraud, and the case is under trial.
 
 
《 [1] The People's Republic of China Criminal Procedure Law
Article 177
If a criminal suspect has no criminal facts, or falls under one of the circumstances stipulated in Article 16 of this Law, the People's Procuratorate shall make a decision not to prosecute.
For cases where the criminal circumstances are minor and, according to the Criminal Law, no punishment is required or the punishment may be exempted, the People's Procuratorate may make a decision not to prosecute.
For cases where the People's Procuratorate decides not to prosecute, it shall simultaneously lift the seizure, impoundment, or freezing of property involved in the investigation. If the person not prosecuted requires administrative penalties, disciplinary sanctions, or confiscation of illegal gains, the People's Procuratorate shall issue a procuratorial opinion and transfer the case to the relevant competent authority for handling. The relevant competent authority shall promptly notify the People's Procuratorate of the handling results.
 
 
"Guiding Opinions on Properly Handling Minor Injury Cases in Accordance with the Law"
(11) Fully apply the criminal reconciliation system. For minor injury cases that meet the conditions for criminal reconciliation, the People's Procuratorate and public security organs may suggest that the parties engage in reconciliation, inform them of the corresponding rights and obligations, and provide legal consultation when necessary to actively promote voluntary reconciliation between the parties.
If the parties reach a reconciliation and have actually performed it, lenient treatment shall be granted in accordance with the law. If the conditions for non-prosecution are met, a decision not to prosecute shall be made. If the victim later retracts and demands that the suspect be held criminally liable or disagrees with lenient treatment for the suspect, the People's Procuratorate and public security organs shall investigate the reasons. If they find the victim's reasons justified, they shall protect the victim's lawful rights and interests in accordance with the law. If the reconciliation is voluntary and lawful, the previously made lenient treatment decision shall be maintained.
Relevant evidence and materials from the criminal reconciliation process conducted by the People's Procuratorate and public security organs shall be transferred along with the case.
 
 
[1] The author's perspective
People often say that impulse is the devil, and this case is a typical example. Originally a victim, the person became enraged over property loss and lashed out, causing minor injuries to the other party, thus turning themselves into a suspect of intentional injury. Fortunately, Lu had a good attitude in admitting guilt and actively compensated, otherwise they might have faced criminal liability. This case fully demonstrates the importance of using legal weapons to solve problems; fists not only fail to resolve issues but also bring more trouble.
 
It is worth noting that the above "Guiding Opinions" were issued only at the end of last year, aiming to fully implement Xi Jinping's thought on the rule of law, practice a people-centered development philosophy, implement the criminal policy of combining leniency with severity, improve the quality and efficiency of handling minor injury cases, effectively resolve social conflicts, promote social harmony and stability, and achieve the unity of political, legal, and social effects in case handling.