current position:Home>Latest news! Ali female employee case suspect Zhang was arrested

Latest news! Ali female employee case suspect Zhang was arrested

2021-08-31 14:12:00 Sogou wechat

According to China procuratorial network : In recent days, , Huaiyin District branch of Ji'nan Public Security Bureau was suspected of coercive indecent assault by Zhang, a suspect. 、 Wang mouwen was suspected of forced indecency and submitted to our hospital for examination and approval of arrest . Reviewed by our hospital , Suspect Zhang is suspected of coercive indecent assault. , Approval of arrest in accordance with the law ; The suspect Wang Mouwen's case of compulsory indecency is under review. .


Wang mouwen's lawyer spoke earlier
8 month 23 Friday night ,“ Ali female employees report indecency cases ” in , Wang's wife, accused of forced indecency, posted a document on the social platform , Said the contents of the police report were basically consistent with Wang's confession , However, there is a lot of information that is beneficial to the husband that has not been disclosed . Zhou's online readme is seriously inconsistent with this , Alleged misrepresentation 、 Even frame up .
“ Although Zhou drank 350ml Low alcohol baijiu , But conscious , Otherwise, how could you kiss twice 、 Cuddle 、 hug 、 Touch my husband .” In the article , Wang mouwen's wife said , Zhou took the initiative to seduce his husband in a taxi , And does he really lose consciousness after getting drunk 、 Why did you call the police after checking out , There are also doubts .
His wife said , My husband made a mistake , He should be morally punished for his mistakes , however , His fault is far less than crime .
8 month 24 Japan , Wuhan Morning Post reporter contacted Zheng Xiaojing, Wang's lawyer . Its name , Wang mouwen is now living in Jinan under surveillance at the residence designated by the police , The case is still in the stage of examining and approving arrest , Maybe today and tomorrow , The procuratorate will decide whether to approve or not .
Lawyer Zheng Xiaojing introduced to reporters , The controversial point of the case lies in the definition of the drunken state of consciousness of both parties —— Did the woman get drunk and lose consciousness ? It is unclear whether the man has made use of the woman's consciousness 、 No autonomous action capability status , To invade it . Did the man deliberately use it ? Or do you mistakenly think the other party is willing , This becomes the key to whether it constitutes the evidence collection of the crime of compulsory indecency .
The reporter : Where is the case now ?
Zheng Xiaojing : Wang mouwen is now under surveillance at the residence designated by the police . The case is still in the stage of examining and approving arrest , The procuratorate shall examine and decide whether to approve the arrest .
If applicable 14 Days' time limit for examination and approval of arrest , The procuratorate is today (8 month 24 Japan ) There should be a result . If there is no result today , It's likely that this case applies 37 Days' time limit for examination and approval of arrest , This means that this case is a major, complex and difficult case .
Judging from the current situation , I'm more inclined to 14 God . It depends on whether the procuratorate can have a result today or tomorrow .
The reporter : Have you submitted any materials to the procuratorate now ?
Zheng Xiaojing :18 After understanding the case on the morning of the th , In the afternoon, I went to the procuratorate and submitted a legal opinion requesting not to arrest the party . Because from a lawyer's point of view , He does not yet constitute compulsory indecency . Of course . This is from the lawyer's point of view , The information I know mainly comes from the parties' own statements , Depends on the integrity of the parties .
But what are the facts of the whole case , We don't know now . Because it's the investigation stage , At this stage, lawyers cannot read the papers . We can meet the client , Through the information provided to us by the parties , Form preliminary legal opinions .
The reporter : Have you seen the article sent by Wang mouwen's wife ? Did the wife listen to his dictation unilaterally ?
Lawyer Zheng : I haven't had time to read the article . But it should be when he gets home , I told my wife about these things .
The reporter : If what is stated in the text is true , From a legal point of view , Does Wang not constitute a compulsory indecency crime ?
Zheng Xiaojing : Let's not talk about this case yet , Normally , It involves a problem of promiscuity after drinking —— At this time , The consciousness of both sides is likely to be unclear .
If the woman is drunk 、 Can't talk 、 Unable to walk , An irresistible situation , The man takes advantage of the woman's drunkenness , Take the initiative to hold her 、 Touch her 、 Offend her , This situation can constitute compulsory indecency .
But if the woman is not drunk 、 She's still conscious , Even when she was drunk, she took the initiative to give out some kisses 、 Hugging and other behaviors , Then the man responded , I still prefer to think that it does not constitute compulsory indecency .
The reason is that she has the initiative because of the woman , This shows that the man did not take advantage of her drunkenness —— I don't know how to resist 、 Can't resist to offend her . Since the man didn't deliberately use it, he couldn't resist and didn't know how to resist , You can't recognize the initiative to the woman 、 Consciously offend .
What's more, if the man is drunk himself , If the woman takes the initiative at this time , It is easy for a man to mistakenly believe that the woman is subjectively willing to have intimate behavior with him .
The reporter : Was the woman sane 、 And whether to take the initiative , How to obtain evidence ?
Zheng Xiaojing : This should be judged based on the evidence of the whole case . According to different levels of drunkenness , There are different criteria .
One is drunk 、 A state of unconsciousness , This situation can be defined as a complete loss of autonomy , At this time, the woman did not know how to resist 、 Can't resist .
There is also a half awake and half drunk state , At this time, the woman is still conscious , As if she could walk 、 Can talk , This can be judged as not completely losing the sense of autonomy . that , Can react but not , It will become a point to be questioned by the people .
The reporter : In terms of law , Only intimacy in a completely drunken state , Can it be counted as forced indecency ?
Zheng Xiaojing : If the woman is conscious , Can dominate consciousness , Can resist but not resist , What does that mean ? That means she's willing 、 Tacit , Then the other party's behavior does not constitute an infringement . This is also a key point questioned by everyone .
In the investigation within the procuratorate , I think this is also the focus of an investigation 、 difficulty 、 Controversial point . Because it involves the woman's subjective consciousness , So it's really difficult to investigate . Subjective things often have a characteristic , Is variability , This increases the difficulty of obtaining evidence .
The reporter : In the police notice “ Wang mouwen forcibly molested Zhou ”, Many netizens believe that the words are true of Wang's crime of forced indecency .
Zheng Xiaojing : I think it's more objective to say that both sides have intimate behavior , If the party has obscene behavior , It may involve some tendencies reported by the police . Before the court pronounces a sentence , There is no way to completely commit a person's crime . Now, no matter what the police say , A citizen cannot be convicted until the court has examined it , Now it can only be said that it is suspected of some kind of crime .
The reporter : Did the client meet you at his home in Hangzhou ?

Zheng Xiaojing : No, , He was assigned residence , People are still in Jinan .

The reporter : Wang mouwen mentioned in his wife's article , Zhou had kissed before 、 Hug Wang mouwen , And questioned whether it can be defined as suspected of forced indecency . Do you have the intention to sue Zhou for forced indecency ?

Zheng Xiaojing : The matter has not been discussed yet , His wife needs to make a decision .

Media review :“ Ali female employee was infringed ” The suspect's wife spoke , Cautious statement and fact reversal
Now , Sexual abuse of women and damage to the rights and interests of women in the workplace occur frequently , Constantly stimulating the public's nerves . The present , Whether public opinion or justice , Zero tolerance for sexual assault , It also makes “ Alibaba female employee infringement case ” Special attention . however , The public should not speculate on the direction of the case in a lively manner , The role of the masses satisfied with eating melons ; More importantly, take this as an opportunity , Pay attention to the sufferings of the victims , Promote the development of cases with a more rational attitude .
Sexual assault is a dark corner , There are difficulties in obtaining evidence 、 Practical difficulties such as difficulty in filing a case . And will be indecent 、 The practice of peach incident in sexual assault cases , No matter to the victim 、 Or the whole group , Are great harm . On the premise that the truth has not been clarified , What we need to do , Is to wait for the authoritative investigation of the police , Any rash stand in line 、 Extreme expression , Can be a sharp blade , Stabbed the victim .

source : The Beijing news 、 Wuhan Morning Post 、 China procuratorial network

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