Chongqing Police Accused of Unfair Law Enforcement

Chongqing Police Accused of Unfair Law Enforcement

Introduction: A 70-year-old man was queueing at a market in Chongqing's High-Tech Zone in 2024 when he was suddenly beaten, resulting in 7 broken ribs. The forensic medical examination confirmed that the injury was a first-level minor injury, a clear criminal case. However, the Huixi Police Station handled the case in a way that turned a criminal case into a civil dispute, and the perpetrator was able to settle the matter with an 80,000 yuan compensation agreement.

The police receipt, medical records, and minor injury assessment report all clearly show that this is a criminal case. Initially, the case-handling unit even labeled the case as "mutual assault." On one hand, the 70-year-old man had 7 broken ribs, while on the other hand, the perpetrator only had a minor scratch on his nose. This kind of "mutual assault" is indeed ironic.

Many people do not understand that compensation cannot erase everything. It is necessary to distinguish between compensation for medical expenses, which is a civil matter, and the pursuit of criminal responsibility, which is the duty of national public power. A letter of leniency can only be used as a factor for the court to consider when sentencing, and it cannot be used to directly replace the filing of a criminal case or reduce a criminal offense to a civil dispute.

The case-handling police officer had all the evidence in hand and clearly reached the threshold for filing a criminal case for intentional injury, but did not initiate criminal proceedings and instead used a civil mediation agreement to settle the case. Mediation is not a panacea and cannot be used to handle all cases. Civil disputes between individuals can be mediated, but cases that have resulted in serious consequences such as first-level minor injuries cannot be "bought off" with money.

Law enforcement officers should hold the law in their hands, not a mediator's fan. If a case clearly meets the standards for filing a criminal case but is intentionally reduced to a civil dispute, this is not just a simple misunderstanding of the law. According to regulations, if a case should be filed but is not, or if a crime is committed but not pursued, it is considered a dereliction of duty and will be subject to disciplinary action. If there is favoritism involved, it will also violate the legal red line of dereliction of duty, abuse of power, and unfairness.

The people hope that when they report a crime, they will receive a fair and lawful handling of the case, not a mediocre mediation. The 70-year-old man's 7 broken ribs will not heal on their own, and the law's bottom line cannot be easily shaken by 80,000 yuan. The case cannot be limited to a mediation agreement; what needs to be investigated should be investigated, and what needs to be corrected should be corrected.

We not only hope that the case itself will be corrected but also that the superior supervision department will investigate the case-handling process and clarify whether the case-handling police officer has fulfilled their duties. If mistakes have been made, they should be pursued and not simply covered up. The law cannot be compromised, and law enforcement cannot be "mediocre." We expect a clear explanation to be given to the victim and to the public.

Original Article Information

Original Title: Chongqing Public Security: Not Filing a Case, Reducing the Charge, What Crime Should Be Committed!

Source: WeChat public account "Lawyers' Outlaws"