Wife takes off women's underwear in the street: legal rights protection? Or a criminal offence?

It is illegal for a wife to take off her "mistress" underwear in the street, and it is also suspected of constituting a criminal offence! This kind of incident is much less in recent years! What if there is a "third party" in marriage? Some try to improve the relationship between husband and wife, and some beat up the "mistress" in the street for revenge. All kinds of situations can happen. The author once issued a document calling for a rational treatment of extramarital affairs, and the result was refuted and attacked by netizens who did not understand. Today, "Four Brothers have the Law", combined with the cases that have been decided by the court, gives you a detailed interpretation of the legal consequences of beating "Little Three".

First, the case: the adulterer is romantic, his life is not hard, and he is dead!

Reference case: (20 18) Shaanxi Criminal Final No.379.

Wang Mopeng, who lives in weiyang district, was furious when he learned that Zhu XX and his wife were not in proper relationship. He is going to teach the adulterer a lesson. On April 17 and 10, Wang Mopeng found Zhu XX's van and followed it. At the same time, I called three relatives and friends in the same town, namely: Wang Mojian (male, 40 years old), Wang (male, 34 years old) and Wang Mourui (female, 28 years old). After they followed Zhu XX to the parking lot of Nanyufeng Village, Wang Mopeng beat Zhu XX with a mop, and others came forward to help pull and beat him. After that, they forcibly pulled Zhu XX into the car and headed for Xianyang. In the car, Wang continued to beat Zhu XX. After arriving at a dirt road, Wang Mopeng pulled Zhu XX out of the car and beat him with a pickaxe. Later, I found that Zhu XX was seriously injured and rushed to the hospital. The car died before it got to the hospital!

It was identified that Zhu XX died of traumatic shock caused by blunt external force. The families of the four people compensated the relatives of the victims for 430,000 yuan and were forgiven. The court sentenced Wang Mopeng to fixed-term imprisonment of 15 years, Wang Moujian to fixed-term imprisonment of 5 years, Wang Mourui to fixed-term imprisonment of 3 years and 6 months, and Wang Mourui to fixed-term imprisonment of 3 years and suspended for 5 years.

Second, the case: the possible legal consequences of beating "mistress" in the street.

There is no law in our country that one person can legally beat another person. Whether the original match will be punished for beating and undressing "Little Three" sometimes depends on the attitude of "Little Three".

1, beating a "mistress" and causing minor injuries is a public security case.

Playing "mistress" is a fight caused by civil disputes. If an agreement can be reached through the mediation of the police, it will not be punished. "Little Three" intervened in other people's families and consciously lost money. Even if you hit her a few times, you will not pursue the legal responsibility of the original match and the beating party. If the "mistress" is unwilling to accept mediation and insists that the police punish the beating party, the beating party will face fines and detention.

Article 43 of the Law on Public Security Administration Punishment: "Whoever beats another person or intentionally hurts another person's body shall be detained for more than five days and less than ten days, and shall be fined between 200 yuan and 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Under any of the following circumstances, he shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan: (1) beating or injuring others in a gang; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60; (3) Beating or injuring others for many times or beating or injuring more than one person at a time. "

2. If beating "Little Three" causes minor injuries, the hitter constitutes the crime of intentional injury. Minor injuries belong to criminal cases that can be prosecuted by reconciliation, while serious injuries belong to cases that can only be prosecuted.

Article 234 of the Criminal Law Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.

3, when the street to the "mistress" undressed and insulted.

Stripping off clothes, cutting hair, throwing dirty water, and displaying it in the street constitute an insult and can be sentenced to fixed-term imprisonment of not more than three years. This crime belongs to private prosecution.

Article 246 of the Criminal Law The crime of insulting publicly insults others by violence or other means or fabricates facts to slander others. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.

Beating a "mistress" and causing minor injuries constitutes a crime of intentional injury, and insulting a "mistress" constitutes an insult. These two charges belong to "accusation", also known as "pro-accusation". If the victim does not report the case to the judicial organ, the judicial organ will not directly take charge. At this time, for different reasons, most of the "mistress", the original match and the derailer will not call the police, which is also the fundamental reason why playing "mistress" will not be punished by law. For the above two crimes, as long as the victim calls the police, the party who originally hit people will face imprisonment.

4. Causing serious injury or death to the mistress constitutes the crime of intentional injury or intentional homicide.

Minor injuries are criminal cases that can be settled and prosecuted, while serious injuries are public prosecution cases. It is useless for the victim or the victim's family to say that the "Little Three" was seriously injured or died without investigating the legal responsibility of the hitter. For example, Wang Mopeng in the above case.

5. Civil liability for beating a mistress:

According to the provisions of Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, it includes medical expenses, lost time expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc.

Three. Related case: A woman suspected of having an affair with her husband was sentenced to 6 months in prison and paid 20,000 yuan in compensation.

CaseNo.: (20 18) Gan 04 Final Judgment No.43 1.

On April 7th, 20 18, Ke Mouai, Wuning County, Jiangxi Province, found that Li Mouzhen was alone in a room with her husband, thinking that they had an improper relationship between men and women, so he beat and abused Li Mouzhen. Later, Ke Ai dragged naked Li Zhen downstairs, and when others saw him, they put on a dress for Li Zhen. Ke loves to drag Li Mouzhen to the door of a market to continue beating, insulting and tearing clothes, resulting in Li Mouzhen's bare chest and lower body, during which many people watched. After receiving the police, the local police quickly disposed of it and filed a case against Ke Xin 'ai for compulsory insult. After the incident, Ke Aiqi's family compensated Li Jianmou for medical expenses of 3,000 yuan and170,000 yuan, and Li Jianmou made an understanding. After trial, the court found the defendant Ke Xin 'ai guilty of insulting and sentenced him to six months in prison.

Conclusion:

When there is a "third party" in marriage, the marriage victim should first consider what is the problem of his marriage. Give up this marriage or save it? Is playing "mistress" beneficial to your choice? Have you considered the consequences of playing mistress? If you beat and insult the "Little Three" in desperation to spit out evil spirits, you will go to jail yourself and let the "Little Three" succeed in the upper position, then it will not be worth the candle.