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Second instance court yesterday, & ldquo; large gambling & rdquo; how to define a debate focus
Nanfang Daily (Reporter / Sun Ying) close scrap After resting, Peng Hua and three fellow gambling playing in the street, a move that attracted their punishment was a year of reeducation through labor. Where three people were seized gambling money were 105 yuan, 535 yuan (except losing $ 5), 316 yuan (except losing 16 yuan). Roadside flutter labor camp a year, which makes four people can not understand how the families, so they get together, in the name of Peng Hua, the Shenzhen reeducation through labor management committee (hereinafter referred to as & ldquo; Detention Committee & rdquo;) Advertisement court. Yesterday the case in Shenzhen Intermediate People's Court of second instance court, after court verdict labor camp inmates Commission revoked its decisions.
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■ event playback
Street cards detainees
Last October 18 that day, Peng poly (a pseudonym), as usual, did not wait until his father Peng Hua home. Later, he knows, because his father was detained in the street gambling. It turned out that afternoon After more than rest of the waste collection, met Liu Peng Hua Jun, Pei far, Cui Bing (a pseudonym). Four of them are from Hubei fellow, in Shenzhen have to collect waste for a living. I harvested the day after the rest of the waste, four of them, plus three others, Bai Road in Luohu District water Pui industrial zone outside the door on a roadside shop, started playing poker, they play it is & ldquo; Mono & rdquo ;, betting lowest one yuan, up 20 yuan. Did not play long, they were seized Luohu police, police seized gambling money 1398 yuan,prada occhiali da sole, a poker gambling.
According to the data,piumini peuterey, Peng Hua was seized gambling money is 535 yuan (except lose $ 5), Cui soldiers were seized gambling money is 105 yuan, Liu army seized gambling money 316 yuan (except losing 16 yuan). 7 per capita gambling participation in administrative detention by the police.
Poly Peng told reporters that his father was detained but had a flutter a few days out, so this time he did not care about this thing, that after a period of 15 days of detention,cappelli 47brand, the father can come back. Be 15 days later, his father has yet to be released, Peng poly anxious to detention ask, before we know the father sentenced to reeducation through labor for one year.
Together and Peng Hua Liu was also sentenced to reeducation through labor army,christian louboutin pas cher, Pei far, Cui soldiers three people, three of them had also had experienced once detained because of gambling.
& Ldquo; how to become a year of detention from detention so serious & rdquo; Peng gather so far can not understand. Cui Bing's wife get the "reeducation through labor decision" on noted Detention Detention Committee made the decision, based on "People's Republic of China on Public Security Administration Punishment Law" Article 70, Article 76. & Ldquo; to participate in gambling gambling money large & hellip; & hellip; the circumstances are serious, more than 10 days at 15 detention, impose a fine of 300 yuan to 500 yuan. & Rdquo; & ldquo; incorrigible, compulsory education can take measures in accordance with national regulations. & Rdquo; and "the State Council on correctional labor issues," Article 1 (a) and "the State Council on the supplementary provisions reeducation through labor" Third, & ldquo; much work,nike store espa?a, there is hooliganism or not held criminally responsible for theft, fraud behavior, violation of public security management, incorrigible & rdquo; detention may apply. & Ldquo; gambling large & rdquo;, & ldquo; the circumstances are serious & rdquo;, & ldquo; incorrigible & rdquo; and in the end let four people from detention into a labor camp.
Detention revoked the first instance the Commission decision
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After the incident, Peng Hua, four people linked to the family of a lawyer, the lawyer suggested that they sued by only one person came forward Detention Commission, & ldquo; a lawsuit won, four people will be put out, you can also save some attorney fees. & Rdquo;
June 30 this year, Luohu District Court sentenced to reeducation through labor committee to revoke Peng Hua reeducation through labor to make decisions. Court held that, in this case,prada lunette de soleil, when Peng Hua on October 18, 2009 carried Candu gambling money is 540 yuan,new balance baratas, losing only five yuan,louboutin homme, the law clearly does not belong to a larger gambling gambling behavior, and Detention Commission decision so revoked.
Peng and several other family members gather to wait for their loved ones to go home happy, be a few days later, they were told that due to refused to accept the verdict, detention Commission has appealed to the Shenzhen Intermediate People's Court.
■ focus of debate
Focus 1
 ,louboutin paris;
Folk entertainment or gambling
Detention Venezuela believes that gambling Peng Hua and other people involved for the purpose of profit, participation in the larger gambling gambling money,asics whizzer lo, in serious violation of public security management behavior. According to relevant laws and regulations, shall reeducation through labor. Around these three points, the two sides had a heated debate.
Detention Venezuela believes,adidas calcio, Peng Hua carried carrying 540 yuan gambling money gambling in public places, in a few minutes to bet three and lost five yuan, he bet on & ldquo; Mono & rdquo; behavior,swarovski boucles d'oreilles, frequency, high speed , win or lose big,peuterey outlet online, purely based on profit for the purpose of gambling behaviors. Candu large number of case,golden goose sneakers francy, Peng Hua, who is also in broad daylight in public places mob gambling, and there is & ldquo; incorrigible & rdquo; the plot, he was last July 9 by the police because of gambling administrative detention for three days, their offenses do not repent, in less than four months time because of gambling seized by public security organs, in serious cases, the law should be sent to reeducation through labor.
The attorney Peng Hua Cheng Law Firm of Guangdong Guo Xiangfeng lawyers believe Peng Hua, who just two or three o'clock in the afternoon when there is no business to do together to break. Bet when playing poker one yuan or two yuan is a very popular recreational activities in today's society, it should not be characterized as gambling.
Focus 2
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How much larger gambling operators
Calculate how much larger it gambling Reporter learned from the trial should be conducted by the local public security organs in the judicial practice based on the actual situation and the different local circumstances,louboutin paris, they belong to the discretion of the public security organs. The rule of law at the Shenzhen Public Security Bureau issued "Guidance on strengthening the law reeducation through labor approval means making full use of reeducation through labor", for greater personal Candu gambling behavior made it clear that that is & ldquo; illegal gambling personal gambling money in more than 500 yuan; after being punished because of gambling involvement gambling again within a year,swarovski roma, individuals in more than 100 yuan of gambling money & rdquo ;. Detention Venezuela believes, Peng Hua act in full compliance with the provisions of a large gambling money gambling case, although only lost $ 5, but that does not change the nature of the larger gambling gambling money.
Peng Hua Fang attorney suggested that he was at the meeting with Peng Hua, the caller said maximum bet agreed with the fellow playing his 5 yuan rather than $ 20, which I was ready to just 40 yuan a gambling money instead of 540 yuan, while the police recorded his statement Content in & ldquo; 540 yuan of gambling money and maximum bet 20 yuan & rdquo; is the case of the police investigators against their will by illegal means allowed in the above press fingerprint. Detention Commission for such a statement to be a denial. Lawyers hoping to show the video when the police interrogation process to demonstrate this problem.
The lawyer also believes that since the state law does not clearly defined, should be in accordance with & ldquo; not a crime, no punishment & rdquo; principle deal with the case. Discretion should be within certain legal amplitude, even internal regulations should also be available to the public.
Detention Commission wants the court to revoke the first instance verdict,chapeau hip hop, upheld the decision taken in the labor camp. Wang Peng Hua Fangxi detention and Venezuela rejected the appeal and upheld the verdict.
The case will be scheduled for sentencing.
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