Hefei police held a press conference regarding the disfigurement case of Zhou Yan. The Zhou family is claiming 2.8 million yuan plus a property in compensation.

by erng6q4b on 2012-03-02 17:48:22

Yesterday, the Hefei police held a press conference stating that Tao Rukun does not qualify for bail, and the Tao family has not requested a psychiatric evaluation. Meanwhile, Zhou Yan's legal representative confirmed that the online photos of Zhou Yan and Tao Rukun are genuine, and they indeed had a relationship in the past.

Additionally, reporters learned from the hospital where Zhou Yan was treated that her discharge was not due to unpaid fees but because she met the conditions for discharge. Tao Rukun’s mother is the director of the Planning Department of Hefei City, and staff members of the department said that the planning department also handles some bidding work.

At the Hefei police press conference:

- It was reported that Tao Rukun does not qualify for bail.

- There have been rumors online that the Tao family is preparing to conduct a psychiatric evaluation on Tao Rukun to reduce his punishment. However, Zhou Yan's lawyer, Li Zhixian, stated there is already sufficient evidence proving that Tao Rukun was clear-headed at the time of the crime. If he is identified as having a mental illness, an application will be made for a re-evaluation.

- Around 5 PM yesterday, the first team of detectives from the Yaohai Branch of the Hefei Public Security Bureau held a press conference. Deputy Director Wang Xiquan and Captain Zhao Xibin of the detective team revealed that based on Tao Rukun's criminal actions and related case details, Tao Rukun does not qualify for bail. The Tao family had applied for bail but was rejected.

- Regarding the psychiatric evaluation, the police disclosed that so far, the Tao family has not made any oral or written request for a psychiatric evaluation.

- The police also reported that the morning after the incident, Zhou Yan's mother, Li Cong, filed a report. At 10 AM, the police arrested Tao Rukun at the First Affiliated Hospital of Anhui Medical University. Currently, the case has entered the judicial process, and since the police opened the investigation, all procedures have been conducted according to law.

- According to insiders, Tao Rukun's emotions were stable in the detention center without any extreme behavior.

Lawyer:

- Zhou Yan suffered from severe depression and took a leave of absence.

- Yesterday, reporter met with Li Zhixian, the free legal representative for Zhou Yan. Li Zhixian explained that Zhou Yan attended a boarding school at Cuozhen Middle School in Feidong, resting only one day per week, usually returning home on Saturday afternoon. On September 17th, which happened to be a Saturday, before Zhou Yan returned home, Tao Rukun had already arrived at her house when only Zhou Yan's mother was present. Tao Rukun questioned Zhou Yan's mother about whether she agreed with their relationship. Zhou Yan's mother disagreed and knelt down to plead, but Tao Rukun was rude, leading to Zhou Yan's mother scolding him and driving him away.

- That evening, when Zhou Yan's mother went to work the night shift, she noticed Tao Rukun still loitering nearby, so she called Zhou Yan's aunt to wait for her at home. After Zhou Yan returned, Tao Rukun followed her into her room and committed the violent act.

- It was understood that Zhou Yan graduated from Shouchun Middle School in June 2010 and was admitted to a good high school in Hefei. To avoid being harassed by Tao Rukun, she transferred to Cuozhen Middle School in Feidong County. Even at Cuozhen Middle School, Tao Rukun continued to harass her. In the first semester of her freshman year, Zhou Yan developed severe depression and chose to take a leave of absence. Strictly speaking, Zhou Yan took a leave of absence for eight months until the end of August 2011.

- The online photos of Zhou Yan and Tao Rukun with another male student were confirmed as genuine by Li Zhixian. [Tao Rukun began pursuing Zhou Yan in the second semester of junior three. They initially started dating, but later when Zhou Yan wanted to break up, Tao Rukun resorted to beating and threatening her. The other male student in the photo is Zhou Yan's adopted younger brother.] Li Zhixian said that publishing photos involving minors' privacy constitutes infringement.

- Li Zhixian said that [Tao Rukun always claimed to others that Zhou Yan was his wife. Whenever Zhou Yan opposed it, Tao Rukun would beat her.] Zhou Yan did not tell her family about the beatings. It wasn’t until one day when Zhou Yan's mother took her to bathe and found multiple bruises on her body that Zhou Yan admitted Tao Rukun had beaten her.

- Regarding why Zhou Yan did not report the beatings to the police, Li Zhixian explained that the Zhou family did not want to cause too much trouble and hoped to avoid Tao Rukun by transferring schools.

- It was learned that at the end of August 2011, Tao Rukun went to the building where Zhou Yan lived, set fire to a paper box downstairs in an attempt to commit arson, but it was extinguished. Yesterday, an elderly person living in the same building confirmed this claim.

- Yesterday afternoon, Li Zhixian revealed that the person who uploaded Zhou Yan's photos online was her adopted younger brother's classmate, who has already apologized by phone and deleted the photos.

- Claiming 2.8 million yuan plus a property: For the compensation amount, Li Zhixian said that the Zhou family is claiming 2.8 million yuan plus a property. [The property was proactively offered by the Tao family, intending to use an old house located in the Luyang District of Hefei as compensation for Zhou Yan.]

Investigation:

- The hospital confirmed that Zhou Yan met the conditions for discharge.

- According to Li Zhixian, Zhou Yan was not discharged because treatment was completed but rather because she was forced out. Before Zhou Yan was discharged, she owed 100,000 yuan in medical fees. The hospital required her to be discharged due to the outstanding fees. The day after Zhou Yan was discharged, the Tao family paid off the medical fees.

- Yesterday, a doctor from the burn unit of the First Affiliated Hospital of Anhui Medical University said that Zhou Yan had met the conditions for discharge at the time, but rehabilitation treatment was needed. The doctor confirmed that during Zhou Yan's hospital stay, the Tao family paid the medical fees relatively actively, and the claim of owing more than 100,000 yuan was not true. Zhou Yan's injuries had turned from burns into scars, meeting the conditions for discharge. She needed to recuperate at home or in a rehabilitation hospital for a period of time before follow-up examinations. The hospital did not require her to be discharged due to unpaid fees. Zhou Yan's total medical expenses amounted to over 330,000 yuan, which were fully settled upon discharge.

- Tao Rukun's mother is a section chief responsible for part of the bidding process.

- The identity of Tao Rukun's mother is one of the focal points of public attention. Yesterday, reporters contacted the Hefei Planning Bureau. Staff confirmed that Tao Rukun's mother, Ms. Xu, is the director of the Planning and Finance Department and is currently on leave handling family matters.

- Multiple media friends in Hefei revealed that the Planning Bureau is a key department responsible for selecting and locating construction projects within the urban planning area, reviewing construction project land use, and issuing 'Construction Engineering Planning Permits'. Additionally, the Planning Bureau has decision-making authority over the compilation and approval of urban plans.

- The official website of the Hefei Planning Bureau shows that Ms. Xu is responsible for cash inflows and outflows, transfers, auditing original vouchers, and preparing bookkeeping vouchers. However, according to Planning Bureau staff, the Planning and Finance Department also handles part of the bidding work.

Doubts:

- Tao Rukun should be charged with attempted murder.

- Yesterday, Zhou Yan's lawyer, Li Zhixian, said that when the police arrested Tao Rukun, the alleged crime was intentional injury, which the Zhou family objects to.

- Li Zhixian said that the case should be recognized as an attempted murder. The most important element of intentional homicide is the perpetrator's subjective and objective behavior. From the case, it can be seen that Tao Rukun was prepared beforehand, with premeditation and clear intent. Imagine if it weren't for the timely rescue by her aunt, Zhou Yan might no longer be alive. Therefore, the Zhou family believes that Tao Rukun has committed attempted murder.

- Can Zhou Yan receive compensation for mental anguish?

- Li Zhixian is concerned that currently, there is no legal provision for mental compensation in criminal cases attached to civil litigation. In this case, Tao Rukun's actions caused immense psychological harm to Zhou Yan. Besides medical-related costs, mental compensation is also part of what the Zhou family is striving for. If the case is litigated as a criminal case attached to civil litigation, according to the principle of criminal proceedings before civil proceedings, mental compensation may not receive legal support.

Expert Opinion:

- Mental compensation should be supported.

- Renowned criminal lawyer Li Xiaolin, secretary-general of the Criminal Litigation Committee of the Beijing Bar Association, visited Zhou Yan's home yesterday, offering legal assistance. Li Xiaolin believes that regardless of how the injuries to Zhou Yan are assessed, serious injuries are undeniable. Currently, in China's laws, there are no specific provisions regarding mental compensation in criminal cases. For example, in a simple fighting incident, if it is a civil case, the law allows victims to apply for mental compensation, and the more severe the injury, the higher the mental compensation in civil terms; if the fighting incident is classified as a criminal case, victims often do not receive legal support for mental compensation but are directly sentenced. This is also the reason why [some reckless drivers kill instead of just injuring].

Li Xiaolin said that after mental compensation in civil cases became part of the law, mental compensation in criminal cases also needs to be quickly incorporated into the law to comprehensively achieve [compensation for infringement, and mental compensation for infringement of mental rights]. The constitutional principle of [the state respecting and safeguarding human rights] can then further extend and implement as [the state respecting and safeguarding citizens' mental rights]. It is hoped that the Zhou Yan incident will promote China's judicial progress.

Narrative:

- Victim's side: Hoping for swift entry into the judicial process.

- The mother of the victimized teenager Zhou Yan said, [Both my husband and I work in a daily chemical factory. After my daughter's accident, I had to quit my job to take care of her full-time, relying solely on my husband's salary of less than 1800 yuan per month].

- During the Spring Festival this year, Tao Rukun's father came to discuss applying for bail for Tao Rukun. Zhou Yan's mother said, [At the time, my daughter was lying in the inner room, and he didn't even come in to check on her or offer condolences, showing no sincerity in apologizing. We rejected his request].

- Zhou Yan's family said they hope this case enters the judicial process soon, allowing the suspect to receive a fair trial under the law and obtain appropriate compensation to treat Zhou Yan's injuries.

Perpetrator's side:

- Applying for bail because grandfather was hospitalized.

- Tao Wen, the father of the suspect, said, [I don't want to see such a tragedy. Zhou Yan is ruined, and Tao Rukun is ruined. As parents, we can only pay the price for such a bad outcome]. Tao Wen said that before the Spring Festival this year, Tao Rukun's 80-year-old grandfather was hospitalized due to illness, and the Tao family hoped Tao Rukun could be released on bail to spend the New Year at home. Therefore, they negotiated with the other party but failed to reach an agreement.

- [Tao Rukun is only 17 years old. He looks like a young man, but psychologically, he is still very immature and has extremely poor self-control, ultimately leading him down an extreme path]. Tao Wen sighed deeply.