Southern Daily News (Reporter / Liu Guannan, Correspondent / Yuefaxuan) On March 31st last year, two groups of teenagers gathered at the Lu Xun Park on Baiyun Road in Yuexiu District of Guangzhou for a mass brawl. Two people were injured by watermelon knives. Yesterday, the People's Court of Yuexiu District in Guangzhou announced the verdict in this case. 12 teenagers were sentenced for mass brawling and received various sentences (among which 10 were given probation). Since the brawl was triggered by cursing each other while playing online games, the court issued a prohibition order to the teenagers who were granted probation, banning several teenagers from making online statements for 2 years, and 9 teenagers were banned from entering billiard rooms. It is reported that this is the first criminal prohibition order issued in the Guangzhou area after the implementation of the Criminal Law Amendment (VIII).
The online cursing led to an agreement to fight in the park.
The court reviewed that on the evening of March 30, 2011, teenager Zhou Moukang had a dispute with Lu Mouwen while playing online games on the network, leading to mutual cursing online and agreeing to fight the next day.
That night, Zhou Moukang told his companions Li Moubin and Lin Zhimou about the "cursing" incident. The latter then cursed Lu Mouwen again on Weibo and re-agreed to fight the next day.
At around 3 PM the next afternoon, Zhou Moukang gathered Li Moubin, Huang Mou, Lin Zhimou and 6 others carrying knives to Lu Xun Park on Baiyun Road. Lu Mouwen then called Gao Moujie, He Mouwen, Li Moulong, Liang Mouhang and 6 others to go there. Both sides fought in the park. During the fight, Lu Mouwen and He Mouwen were slashed by Huang Mou, Lin Zhimou and others with knives, resulting in multiple injuries (both were identified as minor injuries by forensic experts).
Yuexiu Court prohibited the involved teenagers from "online gaming"
The People's Court of Yuexiu District in Guangzhou reviewed that defendants Zhou Moukang, Lu Mouwen and others formed gangs to engage in mass brawls in public places with weapons, disrupting social public order. Their actions have all constituted the crime of mass brawling. Considering that most of the defendants were under 18 years old when committing the crime, many were students in school, had self-surrender circumstances, and showed good repentance attitudes, the court sentenced 12 defendants for mass brawling. One person was sentenced to ten months of control; one person, due to committing another crime during the probation period, was sentenced to one year and seven months of fixed-term imprisonment after combining the previous crime; another ten people were sentenced to probation.
The court also believed that Zhou Moukang and Lu Mouwen failed to control their emotions and words while playing online games. Zhou Moukang, Li Moubin, and Lin Zhimou openly cursed Lu Mouwen online and directly challenged each other to fight, leading to the occurrence of this case. Zhou Moukang, Li Moubin, and nine others frequently gathered in billiard rooms, some even befriended delinquent individuals in society in the billiard room. Most defendants also met up in the billiard room after the fight, indicating that the billiard room has become a gathering place for illegal activities among the defendants.
To promote the reform of defendants under probation in community corrections and prevent them from breaking the law again, it is necessary to issue a criminal prohibition order, prohibiting them from engaging in specific activities and entering specific venues during the probation test period.
The court therefore ruled that Zhou Moukang would be prohibited from logging into online games and making online statements during a 2.5-year probation period, and Lu Mouwen would be prohibited during a 1.3-year probation period. Li Moubin would be prohibited from making online statements during a 2-year probation period, and Lin Zhimou would be prohibited during a 2.3-year probation period. Zhou Moukang, Li Moubin, and nine others would be prohibited from entering business-operated billiard rooms during their probation periods.
If they violate the prohibition order, they will be sentenced to actual imprisonment
After the announcement of the verdict, the presiding judge warned the young people to learn from this case, knowing that so-called "brotherhood" should never override the law. They should be cautious in making friends, have a sense of right and wrong, and not blindly follow. Online games are virtual, and one must have the correct attitude towards failure in the game, knowing that there may be more setbacks in real life. Without a good, healthy attitude towards failure and setbacks, the mind will never mature.
The reporter learned that the judgment of the "prohibition order" is a new thing, and its binding effect still needs to be tested in practice. In this case, the teenagers sentenced to probation will receive correction and supervision in the community. Female prison police officers supervise HIV-positive prisoners for six years. Prisoners once blocked attacks for her. As for their internet usage, it still relies on parental education. If they do not obey and violate the prohibition order, the court will revoke the probation and change the sentence to actual imprisonment.
Criminal Prohibition Order
■ Term Explanation
A criminal prohibition order is part of the content added by the Criminal Law Amendment (VIII), which came into effect on May 1, 2011. According to Article 2, 11, and 14 of the amendment, if someone is sentenced to control (or declared probation), depending on the crime situation, they can simultaneously be prohibited from engaging in specific activities, entering specific areas or venues, or contacting specific individuals during the execution period (or probation test period). If the prohibition order is violated, those sentenced to control will be punished by the public security organs according to the provisions of the Public Security Administration Punishment Law, and those declared probation, if the circumstances are serious, will have their probation revoked and the original sentence executed.
For criminals sentenced to control or declared probation, the execution process of control and probation is also a process of reform. During this process, different factors produce different effects on the reform results, some being positive and some negative. To avoid the negative impact of adverse factors on the reform results, the court issues a criminal prohibition order based on the crime situation, adapting to the needs of reform and preventing recidivism.