Prohibition for 3 years!, Deng (male) Police Station | Community | Deng

Deng, a villager from Liucheng County, Liuzhou, Guangxi, injured someone while drinking alcohol. While the court announced his probation, Deng was prohibited from drinking during the probation period. On June 5th, the judgment in the case came into effect.

Many netizens are wondering what to do if Deng drinks secretly at home, and who will supervise the implementation of the prohibition order?

On the 8th, local village officials told Jimu News reporters that various parties, including Deng's family, village officials, villagers, and the police station, will supervise Deng. The lawyer stated that if Deng violates the ban, his probation will be revoked.

The court issued a "prohibition order" on villagers who were injured

According to the official website of the People's Court of Liucheng County on June 7th, at around 23:00 on February 24th, 2023, the defendant Deng met the victim Deng Yi at an e-commerce service station in Fengshan Town, Liucheng County after drinking alcohol. The two had an argument over trivial matters. Deng picked up a wooden stick on the roadside and hit Deng Yi in the head, chest, and shoulder, causing Deng Yi to be injured.

Liucheng County People's Court issues a "Prohibition Order" to the defendant

After appraisal, Deng Yi's injury constitutes a second level serious injury. The Liucheng Court held that after being brought to justice, the defendant Deng was able to truthfully confess his crime, voluntarily plead guilty and sign a statement, voluntarily compensated the victim for all economic losses and obtained forgiveness, showed remorse, and had no significant adverse impact on his residential community. Therefore, probation can be applied in accordance with the law. However, considering that Deng caused harm after drinking excessively, he should be prohibited from drinking during the probation period.

Based on this, the Liucheng Court made a judgment: sentencing Deng to three years in prison with a three-year probation; Prohibit Deng from drinking alcohol during the probation period.

Multiple parties will supervise the implementation of the ban

On the morning of the 8th, Jimu News contacted the village committee leader of Deng's village. According to village officials, Deng's family has a disabled father and two children who need to study. He only lifted himself out of poverty a few years ago. Deng is usually quite honest and easily causes trouble after drinking. Deng and Deng Yi are still related, and after the incident, Deng also made compensation. Deng Yi's injury also healed and he forgave Deng.

The court came to the village to announce the verdict, and many people participated at that time. The court also stated in the announcement that Deng is the only middle-aged labor force in the family, and applying probation to him is more conducive to engaging in production and business to achieve family prosperity, while also taking care of the family and accompanying the healthy growth of children. Furthermore, as the defendant is usually honest and kind, but has a certain alcohol tolerance, and has poor control over his own emotions and behavior after drinking, this case also occurred after drinking. Therefore, while applying probation, he is prohibited from drinking during the probation period.

If Deng drinks secretly at home, who will take care of it?

After seeing this news issued by the court, many netizens are worried that there will be no supervision and the ban will become mere paper.

Regarding this, the village cadre explained that Deng's father stated during the sentencing that he would supervise Deng's implementation of the prohibition order. In addition, there is another village cadre who is a neighbor of Deng and will also supervise him. After the verdict, the village committee also informed the villagers through chat groups that everyone would supervise Deng. Once Deng drinks or causes trouble, villagers can report to the police station.

Lawyer: Prohibition is a sharp sword hanging over the defendant's head

Jimu News reporters have found that courts across the country have issued prohibition orders against defendants.

In May of this year, the Nanyue District People's Court in Hengyang, Hunan issued a prohibition order against a defendant. The court also stated that according to the Community Correction Law, the prohibition order should be submitted to the community correction institution, public security bureau, and procuratorate for joint supervision.

In April of this year, the Diqing Court in Yunnan sentenced the defendant Liu to two months of detention and three months of probation during the trial of the case of dangerous driving. After listening to the social investigation and evaluation opinions of community correction institutions, the court declared the application of a restraining order to the defendant Liu while sentencing him in accordance with the law.

In January 2022, the Gaoming Court in Foshan, Guangdong Province, tried a criminal case of assaulting a police officer in accordance with the law. The defendant, Luo, was sentenced to two years of public surveillance and prohibited from drinking during the enforcement period.

Lawyer Chen Liang from Hubei Haolv Law Firm stated that while sentencing, the court can also prohibit certain behaviors of the defendant, such as tailgating harassment, drinking alcohol, etc., and the court can ban them according to the actual situation. If the defendant violates the prohibition order during the probation period, the judicial authorities can revoke the probation and imprison the defendant once they have evidence.

A restraining order is a sharp sword hanging over the defendant's head during the probation period, and it is also a legal deterrent against the defendant. Lawyer Chen Liang also introduced that during the probation period, the enforcement of the prohibition order is generally supervised by the local police station or community correctional institution where the defendant is located.

Anyone has the right to report a prohibition order issued by the court. In addition, the defendant is not allowed to engage in any other illegal or criminal activities during the probation period, except for the execution of the prohibition order. Once discovered, the probation will also be revoked.