CCTV News:At the beginning of December 2018, a news that "Wenzhou Yueqing boy lost contact after school" spread all over the network. After four days and five nights of city search and rescue, it was finally proved to be a farce planned by the boy’s mother, and public opinion was in an uproar. On April 29, 2019, this case was heard in Yueqing, Zhejiang.
Judge Gu Ruohuai: "The criminal trial court of Yueqing People’s Court in Zhejiang Province is now in session and the defendant is called to court."
Defendant Chen Mou, a native of Yueqing City, Zhejiang Province, is 34 years old. The public prosecution agency accused Chen Mou of planning and creating a false alarm about her son’s loss in order to test whether her husband cared about her son, which spread on the information network and other media, seriously disrupting social order.
Defendant Chen Mou.: "I would like to ask forgiveness from all walks of life. I am willing to bear the punishment of the law and pay for my mistakes."
Why did you hide your son and lie about his disappearance in the first place?
More than five months ago, searching for you, who had screened in the news, on the website and in the circle of friends, actually made use of the public’s goodwill to create a lie. Chen Mou, who is in the center of public opinion, why did he hide his son in the first place? And how did the "lost" boy, who was concerned by the whole network, spend the days of disappearance?
Chen Mou is a housewife. In early 2018, her husband went to Shanghai to do aquatic products business, and Chen Mou took a son and a daughter and rented a residential house in Hongqiao Town, Yueqing City. Since Chen Mou’s husband’s sister works in other places, she asked Chen Mou to look after her daughter. Besides taking care of three children, Chen Mou will go to her mother-in-law’s shop to help her in the rest of the time.
Defendant Chen Mou.My son is eleven years old. He goes to primary school, and then my sister-in-law goes to school in Hongqiao. My little daughter has to go to training because of her poor situation. She has that autism. Although she is six years old, her intelligence is less than two years old. "
Chen Mou said that a few days before the incident, two little things about children stimulated her.
Defendant Chen Mou.: "Because my daughter just threw the money off the balcony that day, I found that the change in my son’s mobile phone was spent by my classmates that night. I told his father and my mother-in-law, but they thought it was because of my incompetence."
The money that my daughter threw was originally the payment of 9,000 yuan that Chen Mou’s mother-in-law wanted to transfer to others, but she only got back more than 3,000 yuan in the end. In the evening, Chen Mou found out angrily that his son used his mobile phone to buy things for other students. She called her husband and wanted him to educate his son who was not sensible, but she got a complaint.
Defendant Chen Mou.: "Because my son is a little afraid of his father, I said that although I don’t have much money, I said that you should educate him, and then he was very angry, meaning that you threw away the money again, and then my son couldn’t bring it to you well. Anyway, he has been criticizing me."
Although Chen Mou and her husband have been married for more than ten years, she said that the relationship between husband and wife has already appeared cracks.
Defendant Chen Mou.: "From the beginning to 2015, we were really noisy all the time. Later, when we came to 2016 and 2017, my mind might be a little more on my daughter, because the situation was getting worse and worse at that time."
Chen Mou said that her husband’s attitude made her angry, and the mistakes made by the two children became a new trigger to stimulate her. Chen Mou gradually came up with the idea of hiding his son to test her husband.
Defendant Chen Mou.I thought about it for so many years that night, and I thought about enduring it again and again for so many years, because I went to see that woman when his father came back last month, and then the more I thought about it, the more angry I became, and I thought, I also thought that I would be angry with him and make him nervous.
On the morning of November 30, 2018, Chen Mou sent his son to school, telling him not to go home after school and playing a hide-and-seek game with his parents. And promised to give him a reward when the game was over.
Defendant Chen Mou.: "I followed him like this. He didn’t think about it carefully. He didn’t ask my mother how to find it, or how to find it specifically. He never delved into these problems. Then I said that I would reward you with a mobile phone or a computer. My son was very happy to think that he didn’t have to go to cram school on weekends."
Chen Mou’s plan went smoothly. It was Friday, and the boy Xiaohao went to the car to hide after school as agreed. It’s a four-wheeled battery car, which Chen Mou usually drives to take the children to and from school.
Defendant Chen Mou.: "that battery, but its size is similar to that of QQ, and its size is similar to a car like this." The car used to be parked there, and then I thought it was not very close to where I lived, and then I could say that I could see it at any time. "
The police who went to report the case immediately launched an investigation
Chen Mou put the prepared water and food in the car and told his son not to get off. After thinking that he had arranged his son properly, Chen Mou came to the nearby police station to report the case. The police on duty heard that the child was lost and immediately helped to inquire about video surveillance.
Fang Feipeng, a policeman of the Criminal Investigation Brigade of Yueqing Public Security Bureau, is a squadron of serious crimes.: "When she called the police at that time, she went to the Hongqiao police station to report that the child was lost. Then it seemed that it was a bit urgent to pass her tone of voice."
Chen Mou told the police at that time that before the incident, she criticized her son for spending money indiscriminately, and confiscated his mobile phone, which might make him unwilling to go home after school. The police seized the monitoring record and found such a picture: at 17: 28 pm on November 30, the boy Xiaohao got on a bus heading for Hongqiao Town with a black bag on his back after school, got off the bus about 20 minutes later, got on a red tricycle and left the station. The police asked Chen Mou that this route was an ordinary route for Xiao Hao to learn to go home. Unusually, Xiao Hao got off the tricycle and walked alone, then he lost track.
Fang Feipeng, a policeman of the Criminal Investigation Brigade of Yueqing Public Security Bureau, is a squadron of serious crimes.: "It is generally impossible for such a big child to be abducted by someone specially. One of our analyses is that we may hide ourselves from another. For example, if a child has an accident, there will be an accident. At that time, these two speculations. "
According to the disappearance of Xiaohao under surveillance, the police expanded the scope of search and never found any clues. At that time, everyone did not expect that Xiaohao was hidden in that unremarkable battery car. In the early morning of December 1st, Chen Mou’s husband rushed back to Yueqing from Shanghai.
Defendant Chen Mou.: "The first thing he said when he came back was to scold me first, which means that you only took two children at home, which means that you didn’t bring them to work to make money. Just say that you didn’t bring them. Anyway, this sentence is the most talked about. The more he said this, the less I might want to tell him."
Dissatisfied with her husband’s attitude and continuing to hide the truth.
Chen Mou was not relieved by her husband’s attitude, and Chen Mou decided not to tell him the truth. On the same day, Xiao Hao spent his first night in the car. Chen Mou said that she almost didn’t sleep that night and went to the car for many times to confirm her son’s condition.
Defendant Chen Mou.: "If I wasn’t at the police station, I would have stayed there. I didn’t say I would stay for a long time, but the number of times was more, because you can stop by when you go out."
On the morning of December 1, Chen Mou drove his son to a park about 3 kilometers away to play in order to let him exercise. Chen Mou said that at that time, his son told her that he had heard someone calling his name.
Defendant Chen Mou.: "I said, did you come out? He said I didn’t. Then I said, then don’t get off the bus. He said, Oh. He is such a simple one, and he didn’t say anything, because he is with me and his trust in me is very strong. "
To appease his son, Chen Mou parked his car in a remote place near the park and returned to the police station by tricycle. At this time, Chen Mou’s so-called "test" of her husband is still going on.
Defendant Chen Mou.: "What I want to say is to be angry with him for a while, and then only for a while. How can he be angry? Look at him like that, but you said he was not in a hurry and a little worried, but he didn’t show it."
The police launched a major police handling mechanism.
At this time, however, no one knows where Xiaohao is except the mother. In order to find the child early, the police suggested that Chen Mou send his son’s photo and missing information to the public welfare tracing organization in Yueqing. Soon, the news spread in the local area.
Yueqing police also launched a major police handling mechanism, set up a task force, visited relevant road sections, and investigated surrounding Internet cafes, hotels, rental houses and other places, and never found anything.
Suspected boy fell into the water, private rescue organizations went to support.
After all the circumstances were ruled out, the police suspected that the missing boy might fall into the water. Wenzhou, Yueqing, a number of private rescue agencies, water professional rescue teams also went to support.
Fang Feipeng, a policeman of the Criminal Investigation Brigade of Yueqing Public Security Bureau, is a squadron of serious crimes.: "There are more than 100 people in the back of their office, and everyone is asked to come back to work overtime every day. The police force dispatched every day is at least about 200 people. Our Wenzhou detachment criminal investigation detachment sent experts to come over, and then some search and rescue dogs from Wenzhou special police also came over. Folk search and rescue dogs also came, and search and rescue teams also came. I know four or five."
Chen Qingwei, Captain of Yueqing Blue Sky Rescue Team: "At that time, we all had twenty-five or six members. One of us searched with a hook, and the other used a big fishing net to pull the net for investigation. This area is quite large. Basically, it has been pulled under the river, and it has not been found. "
Print 1500 copies of searching for you’s large-scale postings.
Chen Mou still hasn’t revealed the truth to anyone. On Sunday, December 2nd, the morning after the boy’s "disappearance", Chen Mou contacted a printing factory and printed 1,500 copies of searching for you, which was widely posted in Hongqiao Town. In Xiaohao’s school, teachers and classmates’ parents also helped Chen Mou to come up with ideas in the class group and organized themselves to look for them.
Defendant Chen Mou.: "I just started thinking that it was Saturday and Sunday, and I just didn’t have class. The initial idea was like this, but it became more and more serious later. There are many strangers calling to help you with your ideas and asking if this is true or not. I also said that it is true. "
Things got out of control and even encountered fraudulent phone calls.
Chen Mou found that things were getting out of control. She keeps receiving phone calls and text messages from strangers, but also has to deal with relatives and friends who are anxious to find someone and rescue teams who provide enthusiastic help. Her 6-year-old daughter suddenly has a high fever at home, and she also has to take time to check her son’s condition.
That night, Chen Mou received a threatening phone call, claiming that Xiao Hao was in his hand, in order to demand money. Although it turned out to be a false alarm, this fraudulent phone call finally made Chen Mou realize that his son’s situation was not safe. On December 3, she drove her son away for the second time and hid him in her hometown house.
Defendant Chen Mou.: "Because Xiaohao’s grandparents live there, I said that you were here, and I hoped that his grandparents would find out, but I told my son that if my grandparents found you, you would say that you hid it yourself, not that your mother hid you."
The news that the hiding place was lost spread nationwide.
Xiao Hao, a boy, has spent three nights and two days in the car. On December 3, Chen Mou hid his son in a house in his hometown, hoping that the old man living next door would hear something. However, contrary to expectations, not only did no one find his son’s movements, but with more media reprinting reports, the news that "Yueqing boy lost contact" spread all over the country.
Defendant Chen Mou."You don’t know who to talk to, or who to talk to, so who can forgive you for your stupid behavior, which made you afraid to talk later."
Reward 500,000 yuan for her husband to release searching for you.
Concealed by Chen Mou, on December 4th, Chen Mou’s husband posted a reward of 200,000 yuan for searching for you in his circle of friends. In order to attract more people’s attention, a few hours later, he raised the reward to 500,000 yuan.
Use a new mobile phone on the day when suspicious details are found.
In addition to looking for people, the police are also repeatedly investigating the situation before Xiaohao disappeared. On Monday, December 4, the police investigated in Xiaohao’s school and found that Xiaohao had a new mobile phone with him on the day of his loss. However, Chen Mou said earlier that her son’s mobile phone had been confiscated by her, so where did this new mobile phone come from? Further investigation revealed that on November 29th, the day before the crime, Chen Mou registered to buy a new mobile phone card. Chen Mou’s action aroused the suspicion of the police.
Fang Feipeng, a policeman of the Criminal Investigation Brigade of Yueqing Public Security Bureau, is a squadron of serious crimes.We just talked to her. We told her something we had and gave her the number, so she knew she couldn’t escape.
In front of the evidence, Chen Mou finally told the truth. At 10 o’clock on the evening of December 4, the police found Xiaohao, a boy who had been missing for many days, in his hometown in Chen Mou.
Fang Feipeng, a policeman of the Criminal Investigation Brigade of Yueqing Public Security Bureau, is a squadron of serious crimes.: "Everything in the room was bought by his mother and Chen Mou. He didn’t go to school and rested all day, and his mental state was OK."
Deliberately creating false alarms has aroused public concern.
At two o’clock in the morning on December 5th, Yueqing police issued a notice saying that "the missing boy in Yueqing has been found, and the police have confirmed his personal safety and basic health … … This incident of losing contact is a false alarm deliberately created by a family member of the boy. " Once the news was released, it immediately aroused great public concern. "Everyone is very happy that the child is safe, but they wasted countless police forces and resources, joked with their lives, and failed everyone in society who was worried about him."
On December 14th, 2018, Chen Mou, the mother of "Lost Boy", was arrested. On February 25th, 2019, Yueqing People’s Procuratorate prosecuted Chen Mou for fabricating and intentionally spreading false information.
A large number of proofs were given by the public prosecution agency around the alleged crimes.
On April 29, 2019, the case was heard in the Yueqing People’s Court in public, and the public prosecution agency presented a lot of evidence in court around Chen Mou’s alleged charges.
The public prosecution agency proved that in order to search for and rescue the missing boy, Yueqing public security organs dispatched more than 600 police officers, and Hongqiao Town Government and other departments and a number of non-profit organizations participated in the search. From December 1st to December 5th, 2018, "Wenzhou 11-year-old boy lost contact" was read 210 million times on Sina Weibo, ranking first in hot search.
In court, the defendant Chen Mou acknowledged the criminal facts accused by the public prosecution agency. At the same time, the defender pointed out that Chen Mou’s false alarm was not to vent his dissatisfaction with the society or the public, but the emotional collapse caused by Chen Mou’s betrayal of all his energy to his family for a long time. I hope the court will consider Chen Mou’s family situation and give Chen Mou a suspended sentence.
Defender He Yubei: "What is Chen Mou living? There is no stopping life. Every morning from Monday to Saturday morning, I send my son to school, then send my sister-in-law’s daughter to school, and then come back to take care of my daughter with autism. This daughter is six years old and has no independent ability to express her language. Her behavior is manifested in mania and self-harm. Chen Mou needs to invest 24 hours. "
In this regard, the public prosecution agency believes that the defendant Chen Mou’s difficult life background and frustrated emotional experience cannot be the reason for her to escape legal sanctions.
public prosecutor: "At the same time, we should also see that since the occurrence of this case, it may lead to a kind of value orientation for the whole society. And we are just such a case. Through this case, we convey a concept to the society, that is, it doesn’t matter if you help others. But if someone dares to use his kindness to achieve his personal goals, we will severely punish him with the law. "
Damage to social integrity does not apply probation.
The collegiate bench held that in order to test her husband’s feelings, Chen Mou made up a false alarm about her son’s disappearance and carried it out. In the process, he actively sought help from all walks of life in order to forge an illusion, knowing that the situation was getting worse, but he still let it go. Chen Mou’s behavior was premeditated rather than improvising. However, her crime is serious and does not meet the conditions for probation.
Judge Chen XiaojiaoWe think that Chen Mou neglected the mental health of an underage child because of his own selfish interests, and at the same time consumed everyone’s kindness, which destroyed the integrity of this society and everyone’s goodwill. The impact is also relatively bad. Therefore, we believe that this criminal plot is still more serious. "
On the morning of April 29th, the court ruled that the defendant Chen Mou was guilty of fabricating and intentionally spreading false information and sentenced to one year and three months’ imprisonment.
Judge Gu Ruohuai"No matter what the individual’s situation or circumstances are, any behavior that breaks through the behavior boundary and bottom line and loses social interests will be punished. It is also based on this that the defendant takes responsibility for his behavior at the expense of freedom in court today. Through the referee, the behavior boundary is clarified and the social value orientation is led, so that the society can respect and respect the law, maintain the behavior boundary and bottom line, and finally effectively safeguard the overall interests of society. I hope that today’s trial will alert those who commit risks by themselves."
The son transferred to his daughter for rehabilitation treatment.
At present, Chen Mou’s son has transferred to another school, while her daughter is undergoing rehabilitation treatment in Shanghai, and is looked after by her father and grandmother. Yueqing Women’s Federation said that they will continue to pay attention to the situation of Chen Mou’s family and provide help to underage children and Chen Mou after serving his sentence if necessary.
Li Xiqin, part-time vice chairman of Yueqing Women’s Federation: "More importantly, there are two children in her family. How can we care? After all, her eldest son is a victim in this incident, so I think the child is under great psychological pressure. Then as our social organization, we should be involved in psychological counseling for children in the future. "
This case that affects the public’s nerves has finally settled. Chen Mou’s behavior of using his son to test her husband’s feelings seems unreasonable to many people, but in real life, there are still many families who are troubled by such problems, but Chen Mou has chosen an extreme way to deal with them, and the reasons are worth analyzing.
Bin Yuan, a professor at Beijing Normal University Law School.: "In combination with some of her personal circumstances and conditions, including her own family conditions and her own economic conditions, when she is generally in this state, she may have some narrow understandings."
Experts believe that in addition to the lack of understanding of the illegality and consequences of the behavior, Chen Mou’s long-term negative emotions in marriage and family have influenced Chen Mou’s choices to some extent.
Bin Yuan, a professor at Beijing Normal University Law School.: "In terms of the choice of crime, emotion is a very important force. For example, if there is some pessimism or sadness, it may be diffuse, which will penetrate into our behavior, including the choice of criminal behavior. She may tend to choose those illegal behaviors, or some negative evaluation behaviors. "
In this case, Chen Mou chose the solution of false alarm, which violated the provisions in Article 291 of the Criminal Law of People’s Republic of China (PRC):
Whoever fabricates false dangers, epidemic situations, disasters and police situations and spreads them on information networks or other media, or knowingly and deliberately spreads them on information networks or other media, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Different from ordinary online rumors, dangerous situations, epidemic situations, disasters and police situations all involve social public interests. In this incident, Chen Mou’s behavior has been negatively evaluated, which is more due to her waste of police resources and public resources, and her deception and fooling of public love.
Bin Yuan, a professor at Beijing Normal University Law School.: "Because for social public resources, in fact, many people think that it seems to have nothing to do with themselves, and it seems that I will use this thing without others./Many people want to gain the attention of the society by reporting false alarms or spreading some other information, and use it to form a kind of media or public opinion. Pressure to achieve a certain appeal. But in fact, it will inevitably waste social public resources. "
In this case, the impact of Chen Mou’s behavior on social integrity cannot be measured in the short term. Experts believe that the court’s decision can bring a certain calming effect to the public and protect the public’s love from a legal perspective.
Bin Yuan, a professor at Beijing Normal University Law School.: "But now everyone is more concerned about the abuse of love. We may think it is a moral problem more, but in fact, with the improvement of our laws, many of them have actually entered the protection of our laws. We also hope that through the application and future improvement of our laws, including the criminal law, we can make some efforts and contributions to the construction and maintenance of this social order. "