Lawyer in the case of "The woman who fetched a courier was spread rumors and derailed": The police has ended the investigation and transferred it to the Procuratorate
The "Hangzhou woman fetching express delivery was rumored and derailed and defamation case" has made new progress.
On January 27, The Paper (www.thepaper.cn) learned from the attorney of the client Ms. Wu (pseudonym) and the lawyer Zheng Jingjing of Zhejiang Jingheng Law Firm that the police had already committed a rumors and defamation case against a Hangzhou woman taking express delivery. The investigation ended, and the case was transferred to the People's Procuratorate of Yuhang District, Hangzhou City on January 20.
Zheng Jingjing said that they will apply to the procuratorate for scoring in the near future.
Prior to this, the Supreme People’s Procuratorate instructed the People’s Procuratorate of Yuhang District, Hangzhou City to issue a procuratorial recommendation: It is recommended that the public security organs file a case for investigation and promote the conversion of the criminal private prosecution case to public prosecution.
According to a previous report by The Paper, Ms. Wu in Hangzhou was photographed secretly while picking up express delivery in the community. The secretly filmed video was paired with a screenshot of a fabricated WeChat chat conversation and sent to the WeChat group. Ms. Wu was fabricated as a "derailed courier brother". Slut".
On August 7, Ms. Wu called the police.
On August 13, 2020, the Yuhang District Bureau of Hangzhou Public Security Bureau issued a police report stating that after investigation, the suspect Lang and He (male, 24 years old) fabricated the ambiguous WeChat chat content for the purpose of gaining eyeballs. The captured screenshots of Ms. Wu's video and chat content were sent to the WeChat group, causing adverse social impact.
According to Article 42 of the Law on Public Security Administration Penalties, administrative detention punishments have been imposed on Lang and He for slandering others.
According to the official official account of the People’s Court of Yuhang District, on October 26, the victim’s litigation representative went to the court to submit a criminal private prosecution and evidence materials, using Lang XX and He XX to fabricate facts and slander the private prosecutor Gu through the Internet. And because the circumstances were serious, he requested that Lang Moumou and He Moumou be held criminally liable for defamation.
According to news from the Zhejiang Provincial People’s Procuratorate on its official official account, on December 25, 2020, according to the recommendations of the People’s Procuratorate of Yuhang District, Hangzhou, the Yuhang Branch of the Hangzhou Public Security Bureau filed investigations into Lang Mou and He Mou suspected of defamation.
On January 12, Xinhua News Agency announced that the Supreme People’s Procuratorate instructed the Yuhang District People’s Procuratorate to issue a procuratorial suggestion: private prosecution should be transferred to public prosecution, and the case should be filed for investigation by the public security organs.
This fully reflects the attitude of justice for the people: to support citizens' rights protection and reduce their rights protection costs.
At a press conference on January 25, Zheng Xinjian, a member of the Supreme Procuratorate Committee and Director of the Fourth Prosecutor’s Office, said that in response to online defamation and other behaviors that seriously disrupt the public order of the Internet, the public security organs are advised to deal with "the case of rumors of a Hangzhou woman taking express delivery. "Initial investigation, promote the conversion of criminal private prosecution cases into public prosecution, and send a strong signal to the society that "cyberspace is not a place outside the law".
According to the official public account of the People’s Procuratorate of Zhejiang Province, the victim filed a criminal private prosecution with the People’s Court of Yuhang District of Hangzhou City on October 26. The People’s Court of Yuhang District of Hangzhou City decided to open the case on December 14 and requested the Hangzhou Municipal Public Security Bureau Yuhang according to law. Sub-bureaus provide assistance.
In the meantime, related video materials were further disseminated and fermented on the Internet, and the situation of the case changed. The actions of Lang and He not only harmed the personality rights of the victims, but also spread quickly through the network society, which is a specific social field and area, and seriously disrupted the network society and public. Order has caused insecurity to the general public and seriously endangered social order. According to the provisions of Article 246, Paragraph 2 of the Criminal Law of the People’s Republic of China, prosecution shall be carried out in accordance with the procedures of public prosecution.
The Paper Journalist Lin Juoyao