At the age of 17, she fought for the glory of her motherland!
Chapter 855 Don’t force her!
The crime of insult is a private prosecution case, which means that the victim or his/her legal representative or close relatives directly file a lawsuit with the judicial organ in order to hold the defendant criminally responsible, and the criminal case is directly accepted by the judicial organ.
Such cases are usually closely related to the personal rights and interests of the victim, and the victim can decide for himself whether to pursue criminal liability against the defendant.
If the victim does not take the initiative to file a lawsuit, the state prosecutor will not intervene to initiate the prosecution.
Current situation: There is video and witnesses to the subway security officer's behavior, and it can be seen from the video that his behavior was extremely bad. The victim, a female passenger, appeared extremely desperate and collapsed in the video.
The female passenger is now in a very bad mental state. She is in a state of panic and may lose control at any time.
This has caused serious mental harm to the female passenger and has also had a negative impact on social order to a certain extent.
This situation is a serious one and the police will usually detain the person.
However, the police will not convict directly, but will make a comprehensive judgment based on the specific details of the behavior, social impact, etc. Criminal detention is a serious compulsory measure that requires sufficient evidence and legal basis to support it.
Therefore, even if the detention is carried out, it may not be criminal detention, but punishment according to the "Public Security Administration Punishment Law", and administrative detention of not more than five days or a fine of not more than 500 yuan; if the circumstances are serious, administrative detention of not less than five days and not more than ten days may be imposed, and a fine of not more than 500 yuan may be imposed.
The nature of criminal detention and administrative detention is completely different.
Criminal detention itself is not punitive. It is a compulsory method of temporarily depriving the personal freedom of criminals or major suspects when the public security organs and the people's procuratorates encounter statutory emergencies during the investigation process.
Administrative detention is a type of administrative penalty. It is a sanction against persons who violate administrative laws and regulations such as public security management. Its purpose is to punish administrative lawbreakers and it is a negative evaluation of their violations of administrative legal norms.
Several police officers were present at the scene to control the subway security personnel.
The subway security guard no longer dared to claim that he was not wrong. He hung his head like an eggplant hit by frost.
The subway leaders no longer dared to make excuses for their employees and kept aloof.
A police officer explained to the female passenger: "We cannot convict him directly at this point, because conviction requires a strict judicial trial process. If you want to continue to pursue his criminal responsibility, I suggest you contact a lawyer and protect your rights through private prosecution."
The female passenger's eyes were blurred with tears, "Okay..."
Su Xing suddenly said, "The subway operator is also responsible, right?"
Upon hearing this, the subway leader glared at Su Xing with dissatisfaction, but quickly retracted his gaze.
He cursed in his heart: Where did this little bitch come from? She is the only one who talks too much!
The police looked at the subway leader, then at Su Xing, and said, "According to the relevant laws on tort liability, the subway operator can be required to compensate the victim for physical injury, mental damage and other losses on the grounds that the subway operator has poorly managed security personnel. However, the subway operator must bear civil tort liability, and the victim can file a civil lawsuit to hold the subway official responsible."
Su Xing understood that the crime of insult is a criminal case, and the civil liability that the subway operator must bear are two independent and different types of legal avenues at the legal level.
She asked this question mainly to remind the female passenger what she should do next.
The subway leader immediately apologized to the female passenger and asked for a private settlement.
The female passenger was not in a very good mental state at the moment, and her mind was a little confused. She sniffed and said, "Wait, let me go back and think about it first..."
The subway leader still wanted to persuade the female passenger to sign the settlement agreement.
Su Xing frowned and said in a cold tone, "Don't force her! It's her freedom to pursue responsibility or not! In her current mental state, she is obviously unable to think rationally and analyze this matter rationally. Isn't it too much to force her like this?!"
The subway leader choked and then defended himself: "I didn't mean to force her..."
Su Xing stared at him and snorted, "You better not have it!"
The police escorted the subway security guard away.
The middle-aged man who had a conflict with the female passenger had also quietly slipped away.
Su Xing, the female passenger, and several witnesses also left the management office of the subway operator.
The witnesses were not very satisfied with the show, so they started to speak to the female passenger.
"That subway security guard went too far. We can't let him go. He must be held accountable!"
"Administrative detention usually only takes a few days. He will be released soon and won't even have a criminal record. It's too easy for him!"
"The subway operator is not doing anything and they think that just an apology is enough. They have no sincerity at all. Sue them and make them compensate you for your mental damages!"
The female passenger felt her head buzzing as she listened to everyone talking. She looked at Su Xing for help.
At this moment, she has already regarded Su Xing as her backbone.
Su Xing patted the woman's back and said to her, "Go home and have a good rest first. As for whether to pursue the security guard's crime of insult and the subway operator's civil liability, you should make a decision after you have a good rest and think carefully."
In fact, she also hoped that the woman would hold the subway security guard accountable for the crime of insult. That person's behavior was too despicable and disgusting. If he was not taught a profound lesson, he would never be truly afraid, and who knows what he might do in the future.
As for the subway operators, it would be best to see whether they can really show sincerity in making a decision.
The woman nodded with tears in her eyes, "Okay..."
She hesitated for a few seconds, and suddenly asked Su Xing, "Can I add your contact information?"
She was at a loss now, and felt that she would feel more at ease only with the help of this girl in front of her who had helped her a lot.
Su Xing nodded and said, "Okay."
As she spoke, she took out her phone and pulled up the QR code.
She felt that the woman was in a very bad condition and was afraid that she would become depressed and have another accident.
During this period, if the other party wanted to say something to her, she could also enlighten her in time.
The female passenger added Su Xing as a friend on WeChat, and she felt relieved, but tears started to flow again.
"Thank you so much today. If you hadn't helped me in time, I don't know what would have happened..."
Su Xing said: "You're welcome, I just can't stand him bullying you like that."
After the female passenger said a few words of thanks to Su Xing, she also thanked several people who came to testify and added their contact information.
No matter what the purpose of these witnesses' coming along was, they testified and really helped her.
Moreover, if she wants to sue later, she will need witnesses to testify.
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