"Does Laosilaisi block hospital chauffeuse up " by punishment arrest did she make after all why bl

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Teng Han of Jin of green Teng of cover journalist willow

Round-table expert:

Zhang Liwen of head of department of litigation of criminal of office of attorney of Beijing Beijing division

Li Zaike of director of office of Beijing Guo Tao's attorney

Beijing division (Tianjin) Wang Dianxue of attorney office solicitor

Beijing " Laosilaisi blocks hospital chauffeuse up " have new information again.

On August 27, beijing police is announced, sheet is such-and-such by administrative duration of detention, discover its are suspected of forging, identity document of falsification, buying and selling commits a crime, already was adopted lawfully criminal detains coercive measures. Current, beijing police is being investigated further jointly with police of its ancestral home.

On August 14, at the door Beijing a hospital for gynaecology and obstetrics, the car blocks the Laosilaisi that plate is Beijing A88519 up in lash-up passageway, when the policeman persuades to leave, driver refus not move car. After video exposure, cause wide attention. Some walks along driver Chan Mou into public eye shot from this.

After this, investigation of substation of public security of Beijing rising sun obtains evidence, and check pregnant woman of odd such-and-such blame with the hospital, according to " public security management sanctions a method " be in to its detain 5 days of punishment with administration.

"Dramatic " one act appeared on August 20, that day, police bulletin, duration of detention of weak such-and-such administration, discover its are suspected of other illegal crime, be investigated by put on record of substation of sunny public security and adopt criminal to detain coercive measures.

Current, police has not announce Chan Mou some is suspected of forging, the particular case that identity document of falsification, buying and selling commits a crime.

The reporter notices, on August 22, the Ministry of Public Security holds a news briefing, bulletin blow punish is forged, Id of dweller of buying and selling violates crime special operation circumstance. The conference discloses, since 2018, deploy of the Ministry of Public Security is special the action. Up to now, the whole nation is uncovered in all forge, case of Id of dweller of buying and selling more than 32 thousand, arrest guilty suspect 16 thousand more than person.

What does identity document include? Forge, is blame of identity document of falsification, buying and selling why blame? What is the condition that enter a blame? The reporter interviewed division of Li Zaike of director of office of Zhang Liwen of head of department of litigation of criminal of office of attorney of Beijing Beijing division, Guo Tao's attorney, Beijing (Tianjin) Wang Dianxue of attorney office solicitor.

Doubt one: What does identity document include?

Wang Dianxue expresses, " criminal law amendment (9) " after releasing, will " dweller Id " expand " identity document " , include card of passport, social security, driver's license to wait for certificate inside. Always can prove the certificate of the identity lawfully, all can form. What the attention needs here is, the certificate that is not all proof identity can make the target of this blame.

He thinks, "What this blame protects is relevant certificate external public letter force, be like card of dweller Id, passport, social security, driver's license these certificate, it is the country is in charge of a branch to unite extend, adopt the whole nation to unite a standard, have uniqueness, and the group that hold card is very extensive. Accordingly, have the certificate of authority, oneness and extensive sex likewise only, just belong to the identity document in this blame. Resemble employee certificate, mount guard card these unit interior certificate, do not include inside. Do not include inside..

Doubt 2: Forge, is blame of identity document of falsification, buying and selling why blame?

Zhang Liwen expresses, "In practice, more it is expression use other information for behavior person, make identity document by oneself. Still have even if the falsification action such as alter has in the Id of others losing, or use other people is real Id undertakes duplicating, perhaps undertake falsification on original Id. Perhaps undertake falsification on original Id..

Wang Dianxue introduces, except forge, falsification two kinds of methods, active " criminal law " in increased " buying and selling " . Forge and main distinction depends on falsification: Falsification is to be on true certificate foundation undertake machining partly constitutionally with respect to a few blame, revise, make thereby certificate and true condition are not accorded with. Buying and selling, include to buy and sell two kinds of behavior the type.

Zhang Liwen discloses, the representative before this this kind of case is much in order to forge, falsification Id information carries out crime of other money market for the method, "Below this kind of circumstance sometimes choose one felonious punishment, individual situation counts a blame and punish. Individual situation counts a blame and punish..

Doubt 3: What is the condition that enter a blame? Normally how measurement of penalty?

" criminal law " the 280th the 3rd section provision: Forge, blame of identity document of falsification, buying and selling, to forging, of Id of dweller of falsification, buying and selling, manage battle of 3 years of the following set term of imprisonments, arrest, control or privative politics right, punish gold; The clue is serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.

The reporter consults case shows related net of Chinese judge copy clerk, 2018, court decision of the ancient court that make city forges Shanxi together, falsification dweller Id case, colourful Bin of Zheng of the accused person drives because of was not being obtained qualification, in article water county flower seeking a person made a false driver's license 280 yuan, its behavior is formed forge identity document blame, the set term of imprisonment that be sentenced 6 months, probation a year, punish gold 2000 yuan.

2016, shenzhen quadrangle adjudicates a case one case, other of silver-colored in collusion with of building of Zun Mou of the accused person, Zhao Mou coverts absorb the public to deposit money, form admit public deposit guilt illegally. In the meantime, person of two the accused falsifies dweller id card through other, form falsify dweller id card blame. Final, count a blame and punish, two people are sentenced gold of 7 years of 6 months, punishment more than yuan 40.

Wang Dianxue expresses, in light of clause of law of only accessory punishment, should carry out only forge, the behavior of identity document of falsification, buying and selling, make crime. But, as a result of " dweller Id law " also set the 17th times to buying, sell, use forge, the punishment of behavior of falsification dweller Id, by department of public security office 200 yuan of above are fined 1000 yuan below, or 10 days are detained below, the seizure that has illegal income violates earning. Other and relevant law also stipulated similar administration punishs consequence. Accordingly, need divisional and slight administration to violate behavior and serious crime act.

He thinks, "Not be to say to want to forge only, of identity document of falsification, buying and selling, make crime directly, need to look however forge, each respect such as the frequency of falsification, buying and selling, utility, society effect that cause undertakes be judginged integratedly.

Wangdian learns further explanation to say, "For instance, forge, of the card of travel of motor vehicle of falsification, buying and selling, certificate that register, judicatory explains the regulation wants accumulative total 3 above, just make crime. The amount amounts to fivefold above, belong to a clue serious, applicable second gear is legal punishment. Nevertheless, at present judicatory explanation has not been forged, blame of identity document of falsification, buying and selling sets the incorporate requirement that enter a blame.

Li Zaike thinks, respect of specific measurement of penalty, see a suspect whether be used even forge Id to undertake activity of other illegal crime. "Id is for instance missing did not go public security mechanism is dealt with, falsify id card however, do not have other crime at the same time, normally the circumstance is in probably detain with public security. If use fake identity document to undertake activity of other illegal crime, or forge a certain quantity of Id, form a plot likely serious. Form a plot likely serious..