Prosecutor's Office: No prosecution!, Father beat the vice dean who molested his daughter to level two minor injuries
abstract
15-year-old Xiaobei is a student from a vocational and technical college in Hunan. On the evening of May 8, 2021, she was sexually assaulted by the vice president of the college, Xie. On May 9th, Xiaobei's father, Li, came to the college in a fit of anger and assaulted Xie, causing him to suffer a nasal bone fracture and facial soft tissue contusion. He was identified as a minor injury of level 2.
After examination, the Wangcheng District Procuratorate of Changsha City, Hunan Province believes that although Li's act of injuring Xie is suspected of intentional injury, it was an act of injury committed out of anger during the process of claiming the legitimate rights and interests of his daughter to the school. And it is a first-time offender or an occasional offender, whose behavior is justified and the circumstances are relatively minor, with lenient or lenient punishment such as voluntary surrender, and there is no need to impose punishment on him according to law. On August 24, 2022, the court held a closed hearing, and three hearing members unanimously supported the prosecution's proposed non prosecution opinion. After research by the procuratorial committee, the court has made a decision not to prosecute Li.
On September 23, 2022, the court sentenced Xie to two years and two months in prison for the crime of forced indecency, and imposed restrictions on his employment.
There is another hidden truth behind the intentional injury case
On December 2, 2021, the Wangcheng District Procuratorate accepted the case of Li suspected of intentional injury. The case is not complicated: on May 9, 2021, Li angrily went to an office in the teaching building of a vocational and technical college in Hunan, and after seeing Xie, he assaulted him. Li first hit Xie's arm with an umbrella, then punched him in the face and kicked him in the abdomen, causing Xie to break his nose bone and soft tissue on his head and face. Upon learning that the other person had already reported the case, Li stayed at the scene waiting for arrest. After arriving at the case, he truthfully confessed his behavior to the public security organs. After appraisal, Xie's degree of injury was classified as Grade II minor injury.
From the transfer of the prosecution opinion, it can be seen that the facts of the case are simple, the evidence is sufficient, and the case can be quickly concluded according to the handling procedure. But during the examination of the case file, the investigating prosecutor Xiao Qian found that the cause of the case was unusual. Originally, Li's daughter Xiaobei was 15 years old at the time and was studying at the college where Xie worked. During her studies, she was molested by Xie, who served as the vice president of the college. After learning that his daughter had been bullied like this at school, Li, who was angry, drove to the school overnight and beat up Xie.
After identifying the cause of the case, Xiao Qian immediately communicated this situation with Ma Lihua, the head of the juvenile prosecution department of the court. Ma Lihua, who has been working in the field of juvenile delinquency for many years, is keenly aware that there may be hidden criminal acts of sexual assault against underage women. After approval, Ma Lihua and Xiao Qian initiated supplementary investigation procedures.
When retrieving law enforcement files from administrative agencies, the prosecutor found that on the day Li assaulted Xie, he also reported the case of his daughter being molested to the public security organs. However, the Wangcheng Branch of Changsha Public Security Bureau believed that Xie's behavior had not yet met the standards for criminal filing and only imposed a penalty of five days of administrative detention on him
To gather more evidence, Ma Lihua conducted a door-to-door visit to Xiaobei. After confirming the existence of crimes against minors, the prosecutor initiated a supervision procedure for filing a case in accordance with the law, requesting the public security organs to explain the reasons for not filing a case.
Clarify the facts
Not prosecuting suspects in intentional injury cases in accordance with the law
On May 24, 2022, the Wangcheng Branch of Changsha Public Security Bureau launched an investigation into Xie's suspected forced molestation case and transferred him to the Wangcheng District Procuratorate for examination and prosecution on September 1 of the same year. After examination, the procuratorial organs found that in May 2021, a vocational and technical college in Hunan selected personnel from students to assist teachers in joint enrollment due to enrollment needs. On the evening of May 8th of the same year, Xie requested that the students selected to assist the teacher in recruiting students go to the office of the teaching building for an interview. After Xiaobei entered the office, Xie opened the office door and asked her to introduce herself and introduce the school. She then asked Xiaobei to stand up and check her height before using her hands to molest her. Seeing that Xiaobei did not resist, Xie intensified his efforts before letting her leave.
Regarding the case of Li being suspected of intentional injury, the Wangcheng District Prosecutor's Office, after examination, found that although Li's act of injuring Xie was suspected of intentional injury, it was an act of injury committed out of anger during the process of claiming the legitimate rights and interests of his daughter to the school. As Li is a first-time offender or an occasional offender, his behavior is justified, the circumstances are relatively minor, and he has a lighter or lenient punishment such as self surrender, so he does not need to be punished according to law. On August 24, 2022, the court held a closed hearing, and three hearing members unanimously supported the prosecution's proposed non prosecution opinion. After research by the procuratorial committee, the court has made a decision not to prosecute Li.
At the same time, Xie compensated Xiaobei with 60000 yuan for mental damages. The vocational and technical college dismissed Xie and accepted Xiaobei's withdrawal application, refunding his tuition fee of 16800 yuan and providing compensation of 27000 yuan.
The "Big Bad Wolf" was severely punished
Due to Xie's use of his position to sexually harass underage students, his behavior has been suspected of the crime of forced indecency. On September 8, 2022, the Wangcheng District Prosecutor's Office filed a public prosecution against Xie on suspicion of forced indecency, and made strict sentencing and prohibition recommendations. On September 23 of the same year, the Wangcheng District Court fully adopted the conviction and sentencing opinions of the Wangcheng District Prosecutor's Office, sentencing Xie to two years and two months in prison for the crime of forced indecency, prohibiting him from engaging in professions with special responsibilities such as education, training, and care that are closely related to minors from the date of completion of the sentence or parole.
The Wangcheng District Prosecutor's Office has issued social governance prosecution suggestions to the vocational and technical college for the problems exposed in the case, such as inadequate implementation of mandatory reporting system, incomplete management system for faculty and staff, and incomplete legal education system of the school. In May of this year, the Wangcheng District Prosecutor's Office signed an agreement with the vocational and technical college to jointly build a procuratorial school. Based on the suggestions of the prosecutor, the school organized all faculty and staff to carry out special studies on the implementation of the mandatory reporting system, established a regular inquiry system for faculty and staff entry inquiries and sexual assault and other illegal criminal records, established a student rights department, collected information on students being violated or bullied, and hired the deputy prosecutor general of the Wangcheng District Prosecutor's Office as the vice president of the school's rule of law, hired three prosecutors as rule of law counselors, and carried out regular rule of law publicity and education.
It is reported that since May this year, the Wangcheng District Procuratorate has visited the vocational and technical college four times to carry out legal education and publicity around the implementation of the highest inspection "No. 1 Procuratorial Proposal" and other content, effectively enhancing the legal awareness of all teachers and students in the school.