Has a woman with intellectual disabilities been punished multiple times for drug involvement? The procuratorial organs have uncovered the truth!
The woman has a third degree intellectual disability, but she has been subject to administrative penalties multiple times for drug related offenses and has been sent to a detention center for execution. When handling a drug-related case, the procuratorial organs found out that someone had falsely used the identity information of the intellectually disabled woman to receive administrative punishment.
Yang Mouting, who colluded with others to use drugs, was administratively detained for 15 days by a certain district public security bureau in Wuxi City, Jiangsu Province, and was sent to the Wuxi Detention Center for execution. The person to be punished in the Administrative Penalty Decision shall sign "Yang Mouting" and stamp it.
In March 2022, a prosecutor's office in a certain district of Wuxi City, Jiangsu Province, discovered that Yang Mouxuan had falsely used the identity information of disabled Yang Mouting to receive administrative penalties while handling the drug related crime. After internal clues were transferred, the administrative prosecution department initiated an investigation and found out that Yang Mouting is Yang Mouxuan's cousin and has a third level intellectual disability.
Yang Mouxuan falsely used Yang Mouting's identity information to apply for an identity document. Except for the photo of Yang Mouxuan herself, all other information on the document is completely consistent with Yang Mouting's identity information. Yang Mouxuan has been working outside under the name of Yang Mouting, and has been administratively punished by the public security organs for multiple drug related incidents under her identity.
Prosecutors study and discuss cases
After examination, a certain district procuratorate found that the district public security bureau failed to fulfill its duty of careful review when making administrative penalty decisions, resulting in Yang Mouxuan being repeatedly punished under the name of Yang Mouting. The determination of the subject of administrative penalty was incorrect, which damaged Yang Mouting's reputation and should be corrected in accordance with the law.
On March 18, 2022, a certain district procuratorate issued a procuratorial recommendation to the district public security bureau, suggesting that the administrative penalty decision made by Yang Mouxuan using the name of Yang Mouting should be corrected in accordance with the law; In future work, we will increase efforts to review the identity information of punished individuals and establish error correction mechanisms.
After clearing up, the District Public Security Branch has successively revoked four administrative punishment decisions, including the case, on Yang's fraudulent use of Yang's name, re imposed administrative punishment, and informed the public security organ of Yang's registered residence to deal with his fraudulent use of other's identity information according to law.
After the case was handled, the Wuxi Procuratorate deployed a special action throughout the city to sort out cases of accepting administrative penalties for impersonating someone else's identity information. As of now, more than 60 cases of accepting administrative penalties for impersonating someone else's identity information have been sorted out, and 8 cases have been corrected through the issuance of prosecutorial suggestions. Other cases are corrected by the public security organs themselves.
This case has been included in the typical administrative prosecution case jointly issued by the Supreme People's Procuratorate, the Ministry of Civil Affairs, and the China Disabled Persons Federation to safeguard the legitimate rights and interests of people with disabilities. People with disabilities often find it difficult to detect in a timely manner when their identity is impersonated and their related rights are infringed upon due to their own reasons. The typical significance of this case lies in the strengthening of the "execution connection" and the practice of the "penetrating supervision" concept by the procuratorial organs in their performance of duties. For cases where administrative violations are found, especially those involving infringement of the legitimate rights and interests of people with disabilities, they actively perform their duties in accordance with the law and handle cases with high quality and efficiency that affect the legitimate interests of people with disabilities. They adhere to the principle of handling individual cases, supervising similar cases, and then social governance, using a point to face approach, solving universal problems in one field and one link, promoting the improvement of social governance efficiency, and effectively protecting the legitimate rights and interests of people with disabilities.
