Because install check when neglectful, " pothead " when be being carried out to detain, hid knife of a bedspring to enter a prison personally. One week later, this " pothead " knife do violence is opposed inside the jail, send 1 dead 1 injury. This has a case involving the killing of a person that produces in county of Guangxi dragon city to detain poisonous place of Buddhist monastic discipline, let carry out two when install check at that time assist alarm also entered a prison.
The report that net of Chinese judge copy clerk published recently shows, on April 9, the prefectural court such as Guangxi day is right public security bureau of the accused person, Yuan Longzhou county detains poison of Buddhist monastic discipline assist alarm Nongzhuoqin, Chen Zhongjiang makes first instance adjudicate: Two average per capita commit derelict crime, sentence a set term of imprisonment respectively 6 months.
The court is maintained, on August 28, 2016 midday, policeman of police station of frontier defence of Jin Long of public security bureau of dragon city county Nong Mou some sends toward jail of dragon city county, nong Mou some is in because of suck drugs 15 days of administration are detained. The jail is on duty the policeman is Nong Mou in jail office division after some deals with a formalities, arrangement assist alarm Chen Zhongjiang Nong Mou some belt arrives detain an area to undertake person and article are checked. Chen Zhongjiang Nong Mou some belt arrives after detaining area passageway, be in those who detain area duty room to be on duty assist alarm Nongzhuoqin presses convention and Chen Zhongjiang one case to Nong Mou some undertakes person and article are checked. Chen Zhongjiang and farming eminent admire are in when to Nong Mou some undertakes person is checked, not was opposite seriously by relevant requirement some undertakes Nong Mou comprehensive, careful examination, cause Nong Mou some is able to be conceal on the right side of lumbar hind the bedspring knife belt in briefs enters a prison 2 arrest room.
The court is found out, on September 5, 2016 21 when make 15 minutes, the person such as the Nong Mou of 2 arrest room, Zhang Mou is in arrest is indoor when card games, some holds Nong Mou Nong Mou of bedspring knife disclose is cervical etc place, send Nong Mou to die, some holds Nong Mou again the knife chases after disclose Zhang Mou, send Zhang Mou to get hurt, scathing rate is flesh wound 2 class.
The attestation of many witness shows, jail of dragon city county was not made assist alarm post duty, in place 10 assist alarm cent follows a policeman to be on duty together into two groups. Every groups of 5 people, main job is to see monitoring, administrative be on the lookout, poisonous to Buddhist monastic discipline personnel undertakes recovering waiting for the job. Assist alarm did not work with respect to direct mount guard through grooming before hillock. New assist alarm after coming, be had gone to work by those assist alarm take them to work. Basis " the jail executes the law detailed rules " , jail byelaw and relevant provision, assist alarm the regulation is not accorded with when be engaged in detain checking, but dragon city county detains poisonous place of Buddhist monastic discipline all the time since it is to be done so.
On the court, argue of average per capita of two the accused calls his the identity is not officeholder, just assist a policeman to complete auxiliary work, do not have executive right, do not accord with derelict convict blame main body. To this, the court thinks, although person of two the accused is not on-the-job organizing national staff member, but when Nongzhuoqin, Chen Zhongjiang undertakes to Nong Mou person article is checked, attribute the action that represents national exercise powers and authorities of office, accord with " countrywide person big standing committee about criminal law blame of dereliction of duty of the 9th stamp the explanation of main body applicable law " medium regulation -- " although did not include national office staff the staff but the personnel that pursues official business in national office, when representing national exercise powers and authorities of office, have action of dereliction of duty, those who make crime, according to criminal law investigates criminal duty about the regulation of blame of dereliction of duty " , accord with the qualification of guilty main body of derelict blame.
