What is soft violence? What are the criminal forms of soft violence? The national anti Mafia Office held a press conference on the 9th to publicly release the four opinions on handling anti Mafia cases jointly issued by the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security and the Ministry of justice. A reporter asked: in judicial practice, what issues should we pay attention to in defining "soft violence"?
What is soft violence and how to define it
Du Hangwei said that the "opinions" jointly issued this time defined "soft violence" as a criminal means juxtaposed with violence and threat means. As a means of crime, soft violence is only a method of behavior, not a complete criminal act in the sense of criminal law. In other words, "soft violence" can be used as a means of behavior in the crime of affray and blackmail, just as violence can be used as a means of behavior in the crime of intentional injury or illegal detention. It should be emphasized that whether soft violence, as a means of breaking the law and committing a crime, can constitute a crime should also conform to the constitutive requirements of specific charges; whether it can constitute the evil forces should also conform to the characteristics of the evil forces and the identification standards of the evil forces.
The opinion divides the legal interests infringed by "soft violence" into four categories. This classification method avoids the possible overlapping, repetition and omission of only generalizing the objective manifestations of "soft violence". It is also consistent with the classification method of specific crimes in the specific provisions of the criminal law, and makes a more comprehensive list as far as possible. In addition, the opinions have made specific and clear provisions on the application of specific laws to combat crimes committed by means of 'soft violence', that is, how to convict and punish.
As for the identification of "soft violence" means, Du Hangwei said that the opinions specifically defined the objective identification criteria. It should be emphasized that there are two 'enough' in the opinions. "Soft violence" should be enough to make others fear and panic, and then form psychological coercion, or enough to affect and restrict personal freedom, endanger the safety of personal property, and affect normal life, work, production and operation, so as to constitute a means of breaking the law and committing a crime. As for which cases can be regarded as "sufficient", the Opinions also further refine. It should be said that on this issue, the provisions of the opinions are relatively clear.
Du Hangwei said that in the specific practice of law enforcement, the political and legal departments will closely cooperate with each other, adhere to handling cases according to law, adhere to the legal standards, neither expand, nor upgrade, nor degrade, strengthen legal supervision, strengthen the awareness of procedure and evidence, and ensure that they are punished properly.
What is soft violence? What are the criminal forms of soft violence
Some reporters also asked what kind of situation the crime of "soft violence" is now showing, and which behaviors will be defined as criminal means of "soft violence"?
Du Hangwei pointed out that with the development of economy and society, the efforts to fight against gangs and evil are increasing. In order to escape the attack, the gangs and evil forces constantly change their criminal methods, gradually abandoning the obvious violent means of fighting with open fire and killing, and turning to "soft violence" which is easy to form psychological coercion on on others.
Du Hangwei said that "soft violence" is more and more used by criminals, especially those from the black and evil forces. For example, tracking and harassing others, malicious reporting and framing, playing sad music and laying wreaths, spraying paint to block keyholes, putting on a posture demonstration and so on. From some news media reports, or from some cases, we can see that these are 'soft violence' criminal methods.
According to Du Hangwei's analysis, "soft violence" is obviously different from violence in the form of expression, but its harmful consequences are the same as those of traditional violent crimes, and some even cause more consequences than those of traditional violent crimes. For example, in a "routine loan" case recently investigated by Zhejiang public security organs, when the victim fell into the debt trap and was unable to repay, the criminal gang forced the victim to repay the high debt by threatening, intimidating and harassing the victim, his family members and friends in the address book. The victim, Zhang, was forced to commit suicide because he was unable to pay off his high debts and was forced to accept "soft violence" from the gang. Members of the gang sent him all kinds of threatening and insulting pictures. This is a typical case.
Du Hangwei stressed that in the "opinions" formulated this time, the manifestations of "soft violence" crimes are specifically listed. One is the means of infringing upon personal rights, democratic rights and property rights, such as following up, threatening to spread diseases, exposing privacy, maliciously reporting, falsely accusing and framing, damaging and occupying property, etc.
The second is the means to disturb the normal life, work, production and business order, such as illegally invading other people's houses, destroying living facilities, setting up obstacles to life, pasting newspapers, hanging banners, setting off firecrackers, playing sad music, placing wreaths, sprinkling dirt, cutting off water and electricity, and directly or indirectly controlling factory buildings and office areas by driving employees and dispatching personnel Production area, business place, etc.
The third is the means of disturbing social order, such as putting on airs and demonstrations, gathering people to make trouble, blocking roads and making trouble, etc.; the fourth is other criminal means in line with the definition of "soft violence". In addition, as long as the illegal and criminal means that are implemented through information network or communication tools meet the definition of "soft violence", they should also be identified as "soft violence".
Du Hangwei revealed that this "opinion" has solved the problem that "soft violence" has long plagued the grassroots law enforcement work in the fight against underworld and evil, including the fight against some other criminal crimes. In the next step, the public security organs should conscientiously implement and organize the implementation.