College Student in Shanghai Sues Public Security Bureau and District Government for ...
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A college student recently filed a lawsuit against a local public security bureau and district government after being dissatisfied with their decisions to not impose penalties and uphold that decision in a subsequent administrative review. The case, heard by the Shanghai First Intermediate People's Court, ended with the court rejecting the student's claims.
Theft Incident in a Convenience Store
The incident dates back to an early summer morning in 2023, when the manager of a convenience store, Mr. Li, reported a theft to the local police. Surveillance footage revealed that, three days earlier at 9:36 p.m., a young man carrying a fabric bag entered the store.
After pacing around the shelves, the man looked around to ensure no store attendants were nearby and slipped a packet of snacks into his bag. Over the next three minutes, he continued to conceal various items, including bread, chocolate, gum, and chips, into his bag.
At 9:39 p.m., the young man again glanced around, noticed that no one was watching, checked his phone, and left the store without paying for the 10 items worth 89.9 yuan.
The surveillance footage, along with the absence of other customers in the store at the time, helped the police quickly identify the suspect. The college student, Zhang, was brought to the police station later that day, accompanied by his counselor, where he confessed to the theft and paid for the stolen items.
Due to the minor nature of the incident, the store manager, Mr. Li, forgave Zhang for his actions. As a result, the district's public security bureau issued a decision not to impose an administrative penalty on Zhang, citing relevant provisions of the Public Security Administration Punishment Law of the People's Republic of China.
Expulsion from School and Legal Action
However, four days later, Zhang filed for an administrative review, challenging the non-penalty decision. He argued that he had merely forgotten to pay for the items and was not guilty of theft. Furthermore, his school had expelled him for alleged misconduct (a separate case in another court). The district government reviewed the case but upheld the non-penalty decision.
Unhappy with the outcome, Zhang filed a lawsuit against both the public security bureau and the district government. The trial court ruled that Zhang, accompanied by his teacher, had voluntarily presented himself to the police and signed a written statement. Therefore, he was responsible for the facts confirmed during the administrative procedure. The police's decision not to impose a penalty was deemed appropriate, and the law was followed.
Zhang then appealed the ruling to the Shanghai First Intermediate People's Court.
Appeal and Final Judgment
In his appeal, Zhang reiterated that he had only forgotten to pay due to being in a rush to return to school, and later became preoccupied with school activities, causing him to forget about the incident. He requested that the court overturn the non-penalty decision and the district government's review decision.
After reviewing the case, the Shanghai First Intermediate People's Court determined that the surveillance footage clearly showed Zhang looking around the store multiple times before leaving with the unpaid items, behavior inconsistent with his claim of simply being in a hurry. Moreover, three days passed between the incident and the police's contact with Zhang, during which time he made no attempt to return the items, further suggesting an intent to unlawfully retain them.
The court concluded that the police acted lawfully. Additionally, the school's actions regarding Zhang's expulsion were a separate matter and did not affect the legality of the non-penalty decision.
Ultimately, the court ruled to reject Zhang's appeal and uphold the original decision, affirming that as a legal adult, Zhang should have been aware of the legal consequences of his actions and statements during the investigation.
Source: 新民晚报
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