Did you release the person in two days?, I caught him! " The police have decided to detain for 5 days. The reason for the old man in black secretly taking photos in the women's restroom | Administrative penalty | Black clothes

In recent days, the news of a girl catching a spy in the public restroom has attracted attention and discussion.

The girl in question said, "Around 7:00 pm on June 23rd, I was secretly photographed by an old man in black in the women's restroom near the artificial lake in the Sun Palace Park of Shaoyao Ju in Beijing..."

This morning, Orange Persimmon interacted and contacted the girl involved, Xiao Li.

Xiao Li said, "I caught my private photo taken on his phone on the spot, and I also took a picture of him, so it's really conclusive evidence.".

That night, the old man was arrested. The police convicted him of being detained for five days, but when he was transferred to the detention center, because he was old and had a basic illness, the detention center did not accept him. Therefore, he was directly verbally educated and released without any penalty.

"On the morning of the 25th, when we saw him released, he trembled with anger and went straight to the court."

Orange Persimmon Interactive learned that the identity of the person who stole the photo has been determined by the police. They are 68 years old and from Changchun, Jilin.

Xiao Li said, "The police are actually very angry, but they can't do anything about it."

Regarding the incident, Xiao Li said so——

Less than three seconds after I entered the women's restroom and closed the door, I heard someone coming in outside. Amidst a rustling sound, I heard two sounds of taking photos.

After the sound of taking photos ended, the toilet suddenly became unusually quiet. You knew there was someone outside, but you couldn't even hear the sound of breathing, which was the kind of silence where the air had solidified.

I felt like the year "someone secretly took photos" flashed through my mind, so I turned on the camera to confirm my hypothesis, and ended up eyeing the old man.

When I saw him, he was lying on the ground in front of me in the women's restroom, his head pressed against the ground, squinting his eyes and pursing his mouth as if he was laughing.

At the moment I noticed that I was patting him, he jumped up and ran. I immediately opened the door and chased after him. At that time, there was only one thought - I must catch him!

When we caught him, we started talking privately and said, "Can I give you 500? I'll give you 1000.".

Seeing that I didn't let go, he said, "I'll give you 10000 and I'll give you all my phones. You can let me go.".

We agreed with the police to meet at the west gate of the park. On the way to the west gate of the park, he continued to threaten and mock me. He said he was old and sick, and the police couldn't control him. It was useless for me to catch him, and he would be released after paying up to 500 yuan; He said I don't make any money, and if I send him to the police station, I won't be able to make any money; When I arrived at the police station, I told the police that I had asked him to take a photo.

To boost oneself and suppress him.

Whenever I come across passersby running, I always shout to them: Look at this old man lying on the floor of the women's restroom, taking a sneak peek, and we've caught him.

I shouted loudly all the way until I handed him over to the police.

Later, the police also found him secretly taking a photo of me on his crime phone and arrested him on the spot,

On the morning of June 25th, my husband went to the police station to collect the administrative penalty decision and met him in the public security hall.

After investigation, the administrative penalty for him was five days of detention, but due to his underlying illness and age, the detention center did not accept him, and the police were unable to do anything about it. He has been released after receiving oral education.

In the hall, my husband asked him, "Aren't you detained? Why are you standing here?" He said he was detained before and did not break the law. I have not shown any apologies for this matter itself.

I feel a bit overwhelmed knowing the result of this processing.

"Even when he saw us, he was still laughing."

"I can't forget the way he smiled. I haven't slept for two consecutive days and can't sleep."

Xiao Li told Chengshi Interactive that his leg was also slightly injured at the time and he didn't know when it broke. "I only found blood on my skirt when I came back," he said

The party involved, Xiao Li, also provided an administrative penalty decision, which was made by the Chaoyang Branch of the Beijing Public Security Bureau on June 23.

The content of the decision is: "At around 19:00 on June 23, 32X secretly took a toilet photo in the public restroom of Taiyanggong Park in Chaoyang District, Beijing, and was later caught by the police.".

The above facts are confirmed by my statement and defense, the victim's statement, physical evidence, and other evidence.

According to the Public Security Administration Punishment Law, an administrative penalty of five days of detention has been imposed. Execution method and deadline: Administrative detention shall be carried out at the Chaoyang District Detention Center from June 23, 2023 to June 28, 2023

At noon today, according to Xiao Li's statement, Orange Persimmon Interactive contacted the Sun Palace Police Station in the area where the incident occurred. The police officer said, "I suggest contacting the external publicity department of Chaoyang Branch for this matter."

"If the parties involved are not satisfied with the handling results, they can raise their concerns to the investigating police and local public security organs," a staff member from the Chaoyang Branch told Chengshi Interactive

Regarding the confusion of the person involved, Xiao Li, the reporter asked, "If the person who secretly filmed is old and has underlying diseases, is it not suitable for detention?" The staff said, "No. To understand the specific situation of the case, it is necessary to go through official channels."

Xiao Li said that currently, she has filed a lawsuit against the person who stole the photos in court.

Regarding this incident, Lawyer Zhang Zecheng from Zhejiang Xihu Law Firm stated——

If an elderly person violates the law, they will consider their age and physical condition as one of the measuring factors when considering punishment or the consequences of punishment, but they will never become a shield from legal punishment.

Many people are curious, can elderly people receive lenient punishment if they break the law?

This actually blurs two sets of concepts: illegality and crime.

Crime is always illegal, and breaking the law does not necessarily mean committing a crime.

Illegality mainly refers to relatively minor behaviors, such as violating the Public Security Administration Punishment Law. Crime refers to the violation of the charges stipulated in China's Criminal Law.

Ordinary illegal acts can face penalties such as public security detention and fines, while criminal acts can face serious consequences such as control, detention, fixed-term imprisonment, life imprisonment, and even death penalty.

If the elderly person violates the criminal law, according to the provisions of China's Criminal Law, if a person who has reached the age of 75 intentionally commits a crime, the punishment may be lighter or mitigated; Those who commit negligent crimes shall be given lighter or mitigated punishment.

So, only elderly people over 75 years old can receive differential treatment under criminal law.

In addition, if the physical health condition is not ideal, there is a chance to obtain bail pending trial or medical parole.

Lawyer Zhang Zecheng pointed out that what is actually more difficult to handle is the disrespectful behavior of the elderly in public security violations.

In practice, age and physical condition can directly affect the level of handling of offenders by public security organs.

Illness does not exempt administrative detention, but a temporary suspension of execution can be applied for.

Of course, if it is discovered after detention that the detained person has infectious diseases, mental illnesses, or other serious illnesses, as well as is pregnant or breastfeeding their own baby, the original ruling authority should be notified to handle it separately.

Imagine, which institution dares to accommodate violators with underlying or serious illnesses?

The girl involved is not wrong to start from her own perspective.

But the law and society are always seeking a balanced order to prevent the infringed from suffering excessive infringement of their rights, and to avoid the excessive impact on their legitimate personal interests due to the punishment of the infringer.

Overall, the severity and importance of punishment should be in line with the severity of the illegal act, while considering age and the impact of illness, with the ultimate goal of maximizing the protection of the legitimate rights and interests of both parties.

Orange and Persimmon Interactive · Urban Express Reporter Cheng Xiaolong