Cover a news client, November 9, applications submitted to the Tribunal to avoid Beijing a man using derogatory language to insult the judges, by the Beijing second intermediate court sentenced to 15 days of detention. On November 9, the hospital staff to cover the (thecover.CN) journalists responded to the matter, confirmed the detention of a thing is true.
Books open for challenge call
Man said the judges "is not the tortoise is the bastard"
According to the photos circulating on the Internet, a party man in the instruments submitted to the Court the judge avoided wrote: "I study biology, found that their intelligence and cognitive experience and three turtles, it might insult a turtle, a labour bid to have so many turtles, long as you surround yourself with it, what are you? Either tortoise or a bastard, get away from the Black Star. According to the relevant legal provisions, applying for the withdrawal. "
Photos other inferences, suspected party man and China Security Association labor dispute and lead to litigation.
Cover journalists in another head for the Beijing second intermediate people's Court decision, number (2016) Jing 02 punish and file photos of the 2nd Division on October 25 this year, the Court found that the party used in applications submitted at the trial to avoid a derogatory words insulted the judges and refused to correct, in accordance with the relevant provisions of the criminal procedure law, decide to party somewhere in custody for 15 days.
Court in response to the allegations
Security Association said the party had been dismissed a few years
On November 9, cover journalists calling Beijing second intermediate court, two staff members have expressed for insulting members of the party were detained by the Department a true, but are not sure of the specific circumstances of the case in question.
Subsequently, the Press Association of Chinese security, staff confirmed that the Association of employees of the party, was dismissed a few years ago, as there were some labour disputes, after he had instituted proceedings against the Association, "the case for several years. "
According to the staff member said, one was fired because of his words and deeds in the work does not meet the Association's requirements and regulations, some unusual, "we didn't even know he had been detained for contempt of court, but this speech as he said. "
Lawyer perspective
Serious contempt of court is criminal responsibility
One detained for improper speech, a Sichuan to Gao Shoumin lawyer Zheng Tao, Sichuan legal think-tank experts explained that in accordance with the relevant laws and regulations, participants in the proceedings and other persons shall comply with the rules of court, the people's Court for breaching the rules of can be admonished and ordered out of the Court, or to a fine or detention.
On give rise to, and impact Court, insult, and defamation, and threat, and beat trial personnel, serious disrupt court order of people, can law held criminal; plot more light of, be fine, and detention; on judicial staff, and litigation participate in people, and witnesses, and translation personnel, and identification people, and inspection people, and assist implementation of people, for insult, and defamation, and framed, and beat or retaliates against of, court can according to plot weight be fine, and detention; constitute crime of, law held criminal.
As has above violation Court rules, or insult, and defamation judicial staff, behavior, plot more light of, court can on personal at Yuan 100,000 yuan following of fine, 15th following of detention, units has above behavior of, can on units main head or directly responsibility personnel at Yuan 50,000 yuan above 1 million Yuan following of fine, 15th following of detention, plot more heavy of, or was held criminal.
Zheng believes that if the parties felt that their rights had been violated in the proceedings, should be rational, legitimate claim not to take drastic action and speech. As the parties that the Court found factual errors, applicable law properly, or audit procedures incorrectly, can be appealed. In addition, the parties also have to apply for a retrial, the litigation rights of appeal in applying for Prosecutor's Office. After 6 years old boy lost in Ganzhou followed
An explanation
The Penal Code clearly, have one of the following disturbing court order, to 3 years imprisonment, criminal detention, control, or a fine:
(A) gathers the Court;
(B) beating judicial staff or participants in the proceedings;
(C) insult, slander, threats, judicial staff or participants in the proceedings, do not listen to court to stop, seriously disturbing the order of the Court;
(D) destruction of court facilities, Rob, damages litigation documents and evidence acts interfering with the order of the Court, if the circumstances are serious.
(Formerly titled insulting judges of IQ than the turtle man was sentenced to 15 days in jail)
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