Domestic violence man held criminally responsible for refusing to comply with ban, highest law: personal safety protection order is not just a piece of paper!
2024-11-25
The personal safety protection order system has played an important role in preventing domestic violence since its establishment on March 1, 2016. However, in practice, violations of personal safety protection orders occur from time to time, seriously affecting the effectiveness of the implementation of personal safety protection orders. The life of law lies in implementation, and the value of judgment lies in execution. On November 25th, the Supreme People's Court and the All China Women's Federation jointly released 5 typical cases of anti domestic violence crimes. The reporter noticed that the defendant Wang Mouhui's refusal to comply with the ruling released this time is a typical case of the perpetrator being held criminally responsible for violating the personal safety protection order. It sends a strong signal to the society that the personal safety protection order is not just a piece of paper, and ignoring the ban will result in severe punishment. The case shows that the defendant Wang Mouhui and his wife Wang Mou agreed to divorce on April 29, 2019. After the divorce, both parties continued to live together, and Wang Mouhui frequently beat, scolded, and threatened Wang Mou. On August 25, 2023, Wang Mouhui once again beat Wang Mou, and was later administratively detained for seven days and fined RMB 300 by the public security organs. In September of the same year, Wang called the Women's Rights Protection Public Welfare Service Hotline 12338 for help. With the guidance and assistance of the Women's Federation staff, she prepared evidence such as a report to the police and a medical certificate. On October 12 of the same year, she applied for a personal safety protection order from the "Family Litigation Network Court" jointly established by the local Women's Federation and the People's Court. The next day, the People's Court issued a personal safety protection order, ruling to prohibit Wang Mouhui from engaging in domestic violence such as beating and threatening Wang Moumou, and to prohibit Wang Mouhui from harassing, tracking, or contacting Wang Moumou and his daughter. The validity period of the ruling is six months from the effective date. On November 28 of the same year, the defendant Wang Mouhui once again beat Wang Moumou and Wang Moumou's colleagues. The next day, he was administratively detained for ten days and fined RMB 500 by the public security organs. Wang reported to the local Women's Federation Rights Protection Service Center that he was threatened and intimidated by Wang Mouhui again. After understanding the situation, the staff of the Municipal Women's Federation believed that Wang Mouhui's behavior had violated the personal safety protection order, and suggested that Wang Mouhui report to the police and retain relevant evidence to report the situation to the court. On December 6 of the same year, the court investigators admonished and advised Wang Mouhui on his violation of the personal safety protection order, and Wang Mouhui promised in writing that he would not commit it again in the future. From the 9th to the 12th of the same month, Wang Mouhui repeatedly sent personal threat messages such as photos of cutting tools and screenshots of pesticide logistics information to Wang Mou through WeChat, SMS, and other means. The court investigators once again admonished Wang Mouhui over the phone. Afterwards, Wang continued to send multiple personal threatening messages to Wang. On the 15th of the same month, the People's Court decided to detain Wang Mouhui for 15 days and transferred the case clues to the public security organs. Later, Wang Mouhui was arrested by the public security organs. The court's effective judgment held that the defendant Wang Mouhui had the ability to execute the effective ruling of the people's court on the issuance of a personal safety protection order, but refused to execute it. The circumstances were serious, and his behavior constituted the crime of refusing to execute the ruling. Based on Wang Mouhui's truthful confession, confession and punishment after being arrested, Wang Mouhui is sentenced to eight months in prison for refusing to execute the verdict. The Supreme Court has stated that personal safety protection orders are not just empty words, but serious court rulings that must be respected and enforced once made. Refusing to comply with personal safety protection orders is a challenge to judicial authority and will be severely punished. In this case, the defendant Wang Mouhui violated the personal safety protection order, and the circumstances were serious. The people's court convicted and punished him for refusing to execute the ruling, fully defending the dignity and authority of the law, ensuring the execution of the personal safety protection order, and making the personal safety protection order a powerful weapon to safeguard the legitimate rights and interests of victims of domestic violence. At the same time, this case also reflects the repetitive and long-term characteristics of domestic violence. It once again reminds victims of domestic violence that once they suffer from domestic violence, they can report it to the public security organs or file a lawsuit with the people's court in accordance with the law. They can also complain and report to units such as women's federations, residents' committees, and village committees, seek help in a timely manner, and better protect their personal safety and legitimate rights and interests through legal weapons. (New Society)
Edit：Rina Responsible editor：Lily
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