2023年7月8日 星期六

criminal mediation cases with illegal parking with threatening each other.

criminal mediation cases with illegal parking with threatening each other.

[my opinion]
parties quarrel about reporting illegal parking, then file criminal complaint against each other.
charge with public insults, threaten, injure reputation.

in the borough hall two young people still roar at each other.
until they drained off enough, mediator started to preach.
the subject of mediators' advice was that:
if you sigh the settlement, hereafter you will not meet each other.
if you don't sigh, you will meet in public prosecutors' office, the court, etc.
you will meet over and over again.

reach the mediation settlement eventually.
although the threaten is not the cases instituted only upon complaint.
I still have parties sign the withdraw complainant form.

[the fact]
<the police criminal report>
the time of criminal: December 18 2022, 15:27.
the l人cation of criminal: skip.
perpetrator Mr. Jane who has previous convictions of sexual offenses and obstructing officer duties, etc.
perpetrator Mr. Xie who has no previous conviction.
Jane and Xie quarrel about reporting illegal parking orally.
at above time and location, Jane threaten Xie: "I can shot you new, do you known?"
"you wait here, I take handcuffs for you this evening."
Xei want to beat up Jane in posture and threaten: "what you look at me"
Mr.Jane report the criminal to the police station.
the police station note Mr. Xie coming for explaining this.
thereafter investigate the case.

<mediation record>
on December 18 2022, 15:27.
at some location, parties quarrel about illegal parking.
the case booked in docket number OOO of the local prosecutors' office, charge with threaten and so on, Ye's squad responsible.

[appendix]
the local prosecutors' office mail.
(include transference, withdraw complaint form, police report.)
Mr. Xie's health ID card. (instead of identity card.)
Mr. Jane's identity card.
withdraw complaint form signed. ( Xie withdraw to Jane, and Jan withdraw to Xie respectively.)

[settlement]
both parties agree:
1. Jane beg Xie's pardon on the spot.
2. both forgive each other.
3. for civil, both abandon the claim of civil right; for criminal, both agree wouldn't to investigate the responsibility of criminal, complainant withdraw the complaint.(below blank)

[reference]
<Criminal Code of the Republic of China> Article 305
A person who threatens to cause injury to the life, body, freedom, reputation, or property of another and thereby endangers his safety shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than nine thousand dollars.

<Criminal Code of the Republic of China> Article 308
Prosecution for an offense specified in one of the articles, 298 and 306, may be instituted only upon complaint.
If the offense is one specified in paragraph 1 of Article 298, a complaint may not be made contrary to the will of the abducted person.

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