昨日，涉嫌组织盲人来京乞讨的4名被告人在海淀法院受审。4人中，因卖血患艾滋病的刘社会和刘会民是亲兄弟，张新丽、王丽分别是他们的妻子。据指控，2009年以来，4人采用殴打、辱骂等手段，组织多名盲人在五道口城铁站前、北医三院门前等地乞讨。据悉，这是2006年刑法新增组织残疾人、儿童乞讨罪的罪名后，北京首例以该罪名起诉的案件。本报记者 王贵彬 摄
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昨日，刘社会（左一）等4名被告人在海淀法院受审。庭审过程中，被告人刘会民（左三）打起哈欠。本报记者 王贵彬 摄
本报讯 因涉嫌组织盲人来京乞讨，昨日，四名河南农民在海淀法院受审。4被告人在庭上不断强调没有殴打盲人，称不知道这一行为违法。据了解，这也是2006年刑法新增组织残疾人、儿童乞讨罪的罪名后，北京市首例以该罪名起诉的案件。
自称怕花钱未聘请律师
4名被告人中，刘社会、刘会民是亲兄弟，张新丽、王丽分别是他们的妻子。4人的年龄均为三十六七岁，小学文化水平。
据检察机关指控，2009年以来，4名被告人经事先预谋，采用殴打、辱骂、言语威胁等手段，组织多名盲人在海淀区五道口城铁站前、北医三院门前等地进行乞讨活动。
昨日，4人被带入法庭时，患有艾滋病的刘社会戴着口罩，其妻、弟弟和弟媳低着头紧随其后。
在旁听席上，没有他们的亲属，也没有律师到庭为他们辩护。对此，刘社会等人表示，因为不想花钱，所以未聘请律师。
否认打人称不知行为违法
据了解，去年4月30日，公安机关接到匿名电话举报称，在北医三院路边有盲人乞讨。民警随即赶往现场，将4名盲人解救。经体检，4人全血、血清项目均有多项参数不正常，身体状况较差。通过调查，警方将刘社会等人控制。
“我根本没把这些盲人当正常人看，想打就打，想骂就骂，平时看得不顺眼就打骂他们，4个人都曾经打过。”案卷材料显示，此前，被告人张新丽曾这样供述。
不过，昨日庭审时，她和其他被告人都否认了这一说法。
近两个小时的庭审过程中，4人不断强调自己没有打人，甚至不知道这一行为是违法的。其间，张新丽深埋着头，一直哭泣，声音也极其微弱。
不过，被告人王丽的说法前后不一，她先是否认打人，但之后，在被指证曾扇残疾人耳光时，又承认只是用手拍了其后背。
据刘社会称，他们从老家通过亲友找来会拉二胡的盲人，每天由四人分别带着外出乞讨。盲人乞讨的时候，他们就在一旁盯着，或者捡破烂，以贴补家用，到了晚上，他们再带着盲人一起回到暂住地。
“吃住都在一起。”张新丽称，自己一家四口平时的生活和几名盲人差不多，来京近一年时间里，八个人都没有洗过澡，谈不上虐待；而2010年春节，八个人都回了河南老家，春节后他们分别去几位盲人家中，盲人们都是自愿跟着他们来京的，因此更谈不上胁迫。
检方认为应量刑三年以下
检察机关认为，被告人刘社会、张新丽、刘会民、王丽采用暴力、胁迫手段，组织多名残疾人进行乞讨，应当以组织残疾人乞讨罪追究其刑事责任，判处三年以下有期徒刑。
“恳请法官再给我们一次机会。”庭审时，刘会民表示。
法庭将择日宣判。
■ 释法
“组织乞讨罪”取证难
组织残疾人、儿童乞讨罪是《刑法修正案（六）》第十七条增设的新罪名。该罪规定，以暴力、胁迫手段组织残疾人或者不满十四周岁的未成年人乞讨的，处三年以下有期徒刑或者拘役，并处罚金；情节严重的，处三年以上七年以下有期徒刑，并处罚金。
据有关媒体报道，有治安民警表示，对组织乞讨的比例不清楚，但应该为数不少。
对此，本案公诉人林洁认为，组织残疾人、儿童乞讨罪于2006年6月29日通过，但是至今，北京才有了首例以该罪名起诉的案件，这其中，一个关键原因就是类似罪名取证难。
林浩表示，该罪名定罪的要件是“有无组织性、有无暴力胁迫”，但一般来说，由于嫌疑人要靠被害人乞讨谋利，因此实施的胁迫行为不会太严重，而多数被害人又没有收集证据的意识，常常在案发后，难以找到证据，从而无法定罪。
就本案来说，4名被害人同样没有直接证据证明曾遭受肢体暴力，不过，林洁认为，因为4名盲人的证言一致，且4名被告人此前所做的多份供述、亲笔证词都相对稳定，能够与被害人的证言吻合，因此可认为形成了完整的证据链条。不过是否能定罪，还需法院判定。
谈及刘社会患有艾滋病，是否会影响量刑。林洁认为，“法律面前人人平等”，刘社会患病应该不会影响对其定罪、量刑，不过一旦其罪名成立，在服刑期间，有关方面肯定会采取一定措施保障其人身权利。
■ 追访
被告人 三兄弟先后来京组织乞讨
现年40岁的刘社会，是河南省上蔡县的普通农民，在家里排行第二，还有两个兄弟，分别是大哥刘建设、三弟刘会民。
上蔡县是艾滋病的重灾区，刘社会也未能幸免。
为几十块钱卖血染上艾滋
妻子张新丽称，十五年前，当地盛行卖血赚钱，一家人觉得靠种地务农一年也没有多少钱，丈夫便经人介绍也去卖血。“就卖了四五十块钱”，张新丽说，丈夫便染上了艾滋病。
当时，刘社会只有20多岁，女儿两三岁，妻子还怀着小儿子。
此后，他的免疫系统逐渐显现出问题，不能干重活、不能生气。张新丽描述，丈夫一犯病就持续低烧、发炎，一家人的生活雪上加霜。
在刘社会发病后，其弟刘会民的小儿子不知什么原因，也染上了艾滋病。
在老家物色盲人来京乞讨
为了讨生活，老大刘建设（在逃）最先带着媳妇出门打工。
“大嫂是唱戏的，戏班子里经常有拉二胡的盲人。”刘社会称，哥嫂出门闯荡几年后仍没能赚到钱，2004年起，便开始从村里带盲人到北京乞讨。
2009年4月，刘社会因为身体虚弱，泥瓦匠的工作干不下去了。经大哥指点，他开始来京帮哥嫂的忙。
同年9月，其弟刘会民养的几头猪因为饲养不当，全部死亡，刘会民为此欠下一笔债，便也来了北京。
根据4名被告人此前在公安机关的供述，刘社会来京后，跟着哥哥刘建设学会了如何组织残疾人乞讨。刘会民到北京后，刘建设便离开了。此后，刘社会和刘会民便通过老乡、亲友，在上蔡县继续物色其他会手艺的盲人，最终，觅得54岁的刘民（化名）、40岁的盛正（化名）、49岁的孙旦（化名）和40岁的赵意（化名）。
威胁盲人“让你死在北京”
案卷材料显示，每天早上七八点，刘社会等4名被告人便分别带几个盲人出门，到人多、繁华的街区乞讨，晚上八九点钟再回家。盲人们出门时，会带好一天要喝的白开水，一日三餐分别是馒头、大饼和面条。
王丽说，为了防止盲人逃跑，四人会对他们进行辱骂，甚至威胁“让你死在北京”。而被害人盛正证言称，刘建设曾往刘民身上撒尿，而孙旦曾借机逃脱并向路人打听西红门派出所位置，但最后，还是因为迷路被找回。
对此，刘社会表示，自己也是被生活所迫，也曾讨过饭，但觉得残疾人乞讨更容易些。在他看来，刘民等残疾人在老家都是老光棍，生活困难，自己将他们带到北京乞讨，双方都能有口饭吃。
昨日，张新丽说，他们的女儿初中毕业后就出来打工，儿子目前还在读初中，“我们盼望着他读大学，从来不敢告诉他父母在北京的所作所为，只说是在收破烂。”
被害人 四人挤住5平米简易窝棚
“赶紧起床、赶紧走”，每天早上，房东武某都能听到4名被告人催促盲人的声音，晚上，他和老伴上床休息了，才听到这些“房客”回来。
武某的家位于成寿寺双旗杆村，刘家兄弟三人租住在此处一楼的平房内，月租数百元。二楼是武某搭建的简易窝棚，原来只用来堆放杂物，刘家兄弟来了后，便也租了下来给盲人们住，月租40元。
听刘氏兄弟许诺被骗来京
从一楼通往窝棚的楼梯，大约一米宽，非常陡峭。窝棚约5平米大小，棚高大约1.6米，一般的成年人在里面很难完全站直身子。窝棚内，几块木板支起一张大通铺，床沿四周的墙壁上糊着报纸。
在这里，一床褥子、一张被子，就是这些盲人的全部家当。
刘社会称，因为一楼放满了锅碗瓢盆，怕残疾人碰到，所以才把他们安排在窝棚内。但根据4名被害人的证言，最初，刘社会等托人与他们接触时，都是许诺到北京后“包吃包住、每月工资200元”，干得好还能挣大钱。
案发后四人被送回原籍
案卷材料显示，4名盲人每天大约能讨得70元，但都被刘家人收走。刘社会每凑够1000元就寄回老家，前后共谋利约6000元。
房东武某回忆，近一年时间，从来没有见过刘家人给残疾人吃肉。而在五道口附近开小卖部的王某说：“不论刮风下雨，都能见到（这些残疾人来这里乞讨）”。
据了解，案发后，4名盲人配合公安部门录口供后，被相关部门遣送回了原籍。
昨日，当地村支书介绍，盛正的父母已经过世，其回到老家后，便被安排去了敬老院，身体正在逐渐恢复中。对于在北京的遭遇，他不愿提起。此外，赵意已回到家中与父母团聚，每月领取部分补助。
但刘民、孙旦目前尚无消息，一年前，其家人已为他们报案称失踪。
《江门日报》2011-1-12日
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| 图示∶2010年12月即将出版的《中国特色医疗金鉴》登载的刘君主任及其机构 |
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Threat of the two sister organizations begging blind trial "so that you died in Beijing"
At 2:36 on January 14, 2011 The Beijing News
Yesterday, suspected of organizing the blind to Beijing to beg the four defendants in the Haidian court for trial. 4 people, suffering from AIDS by selling blood and Liu Huimin Liu society are brothers, Xin-Li Zhang, Wang Li were their wives. It is alleged that since 2009, four people with assault, abuse and other means, the organization more than the suburban railway station for the blind in the Wudaokou, Beiyisanyuan begging in front of other places. It is the new organizations of persons with disabilities in 2006 Criminal Law, Sentencing charges, Beijing's first prosecution of the case to the charges. Photo by reporter Wang Guibin
Tencent broadcasts to microblogging
Yesterday, Liu Society (left) and other four defendants in the Haidian court for trial. Course of the trial, the defendant Liu Huimin (left) yawned. Photo by reporter Wang Guibin
WASHINGTON suspicion of organizations for the blind beggars in Beijing yesterday, four of Henan peasants in the Haidian court for trial. 4 accused in court repeatedly stressed that there is no beating the blind, said the law did not know this behavior. It is understood that this is 2006, add criminal organizations of persons with disabilities, children begging crimes charges, the Beijing first cases to prosecute the offense.
Not afraid to spend money to hire a lawyer claiming to
Four defendants, Liu social, Liu Huimin are brothers, Xin-Li Zhang, Wang Li were their wives. The age of 4 are thirty-six-year-old, primary school education level.
According to the prosecution allegations, since 2009, four defendants prior premeditation, the use of beatings, verbal abuse, verbal threats and other means, the organization more than the blind in the Haidian District Wudaokou suburban railway station, in front of other places Beiyisanyuan begging activities.
Yesterday, four people were brought into the court, suffering from AIDS, social wearing masks Liu, his wife, brother and sister followed his head down.
In the gallery, not their relatives, and no lawyer appeared in court to defend them. In response, Liu said society, because do not want to spend money, so do not hire a lawyer.
I do not know the illegal acts of denying claims to fight
It is understood that on April 30 last year, the public security organ receives an anonymous telephone report that there are blind people begging in the street Beiyisanyuan. Police immediately rushed to the scene to rescue the four blind. After physical examination, 4 blood, serum project has a number of parameters is not normal, poor physical condition. Through investigation, the police, who will be Liu social control.
"I did not see these blind people as normal people, want to play hit, want to scold scolded, do not usually see them pleasing to the eye to beatings, 4 individuals had called." Case file shows that after the defendant had Xin-Li Zhang This confession.
However, yesterday the trial, she and the other defendants have denied this.
Nearly two-hour course of the trial, 4 were constantly stressed that he did not hit, do not even know this behavior is illegal. In the meantime, Xin-Li Zhang deep bow my head, has been crying, the sound is also extremely weak.
However, inconsistent to say the defendant Wang Li, she at first denied beating, but after the card has been accused of fans in the ears of persons with disabilities when they admitted only slapped her back.
According to Liu society said they would be recruited from the home by family and friends of the blind erhu, a day with the four were out begging. Blind beggars, when they stare at the side, or scavenging in order to supplement the family income, at night, they again went back to temporary accommodation with the blind.
"Room and board all together." Xin-Li Zhang said that he usually lives a family of four and several almost blind, came to Beijing nearly a year, eight people have not had a bath, let alone abuse; the 2010 Chinese New Year, eight people are back to my hometown in Henan, after the Spring Festival they were home to a number of blind people, blind people who followed them voluntarily to Beijing, so much less stress.
Prosecutors believe that three years should be sentencing
Prosecution that the accused Liu society, Xin-Li Zhang, Liu Huimin, Wang Li by violence, coercion, organizations of persons with disabilities for more than begging, begging people with disabilities should be organized crimes investigation of his criminal responsibility, sentenced to three years in prison.
"Urge the judge to give us a chance." The trial, Liu Huimin said.
The court will select a sentencing date.
■ interpretation
"Organizational Sentencing" hard evidence
Organizations of persons with disabilities, children begging is a crime of "Criminal Law Amendment (f)" Article XVII additional new charges. Provisions of the crime, violence, coercion fourteen organizations of persons with disabilities or minors to beg, imprisonment or criminal detention and a fine; circumstances are serious, three to seven years in prison , and a fine.
According to media reports, security police, said the proportion of begging the organization is not clear, but it should be a large number.
In this regard, the case that the prosecutor Lin Jie, organizations of persons with disabilities, Sentencing in June 29, 2006 through, but so far, only the first case of Beijing to the charges of prosecution cases, of which, a key reason for this is similar to the offense evidence difficult.
Lin Hao said that the charges of the elements of conviction is "whether the organization, with or without violence, coercion," but in general, depend on the suspects and the victim begging profit, so the implementation of coercion will not be too serious, and most victims there is no sense of gathering evidence, often after the incident, it is difficult to find evidence which can not be convicted.
In the present case, the four victims and there is no direct evidence had been subjected to physical violence, however, Lin Jie believes that because the testimony of four blind people the same, and the four defendants had made multiple confessions, testimony was relatively stable hand , to coincide with the victim's testimony, it can be considered to form a complete chain of evidence. But whether the conviction, the court needs to determine.
Liu spoke with AIDS Society, will affect the sentencing. Lin Jie that "equality before the law," Liu social illness should not affect his conviction, sentencing, but once the guilty, in prison, the authorities will certainly take some measures to protect their personal rights.
■ Interrupted
Three brothers accused organization has come to Beijing begging
Liu, now 40-year-old society is Shangcai ordinary farmers in Henan Province, ranks second in the home, and two brothers, namely, construction of big brother Liu Grimm Liu Huimin.
Shangcai County is hardest hit by AIDS, Liu society did not escape.
Tens of dollars selling blood infected with the HIV
Xin-Li Zhang said his wife, five years ago, the local prevalence of selling blood to make money by farming the family farm that year did not have much money, her husband will be introduced to have to sell blood. "We sold four or five dollars," Xin-Li Zhang said her husband has contracted AIDS.
At that time, Liu society only 20 years old, two-year-old daughter, his wife was pregnant with her youngest son.
Since then, his immune system is gradually emerging problems, can not do heavy work, not angry. Xin-Li Zhang described the husband fall ill to continue low-grade fever, inflammation, a person's life worse.
Liu society after the onset, the youngest son of his brother Liu Huimin unknown reasons, also infected with the AIDS virus.
To identify the blind in his hometown to Beijing to beg
In order to make a living, the construction boss Liu (at large) was first out with a working wife.
"Sister is sing opera troupe in the often blind erhu." Social Liu said Gesao out battles still did not make money after a few years since 2004, began with a blind man from the village to Beijing to beg.
April 2009, Liu society because of physical weakness, mason's work does not go dry. The big brother advice, he began to come to Beijing to help Gesao a favor.
In the same year in September, his brother Liu Huimin raised some pigs for feeding properly, and all died, Liu Huimin do owe a debt, they also came to Beijing.
According to four accused in the public security organs had confessed to Beijing after Liu society, along with his brother Liu learned how to organize the construction of persons with disabilities to beg. Liu Huimin to Beijing, Liu left the building. Since then, Liu Huimin Liu will be through social and fellow friends and relatives, in Shangcai continue to identify other skills of the blind will, ultimately, to find 54-year-old Liu Min (a pseudonym), 40-year-old Sheng is (a pseudonym), 49-year-old Sun Dan (a pseudonym) and 40-year-old Zhao Yi (a pseudonym).
Threat to the blind, "you dead in Beijing"
The case file shows that seven or eight in the morning, Liu society were four defendants will go out with a few blind, to crowded, bustling streets begging, go home at eight or nine at night. When blind people go out, it will take a good drink of plain water a day, three meals a day are the bread, cake and noodles.
Wang Li said that in order to prevent the escape blind, four will abuse them, and even threats "kill you in Beijing." The testimony of the victim is said Sheng, Liu Liu Civil Construction had to pee, and Sun took the opportunity to escape and was once asking passers Xihongmen station location, but in the end, or because getting lost is recovered.
In this regard, Liu society said that he is forced by life, has begged over, but begging that people with disabilities easier. In his view, Liu and other disabled people in the home are old bachelor, living difficulties, he would beg them to Beijing, both sides have something to eat.
Yesterday, Xin-Li Zhang said that their daughters out to work after graduating from middle school, my son was still in middle school now, "We look forward to him to college, never dared to tell his parents in Beijing's actions, saying only that was a pack rat."
5 square meters of the victim and choked four simple shack
"Here, get up, got to run" every morning, the landlord can force a defendant to press 4 to hear the voice of the blind at night, he and his wife to bed, only to hear these "guests" to come back.
Wu Chengshousi a double pole home in the village, three brothers, Liu rented the first floor of the cottage here, a few hundred dollars per month. The second floor is built in a simple shack weapons, just for keeping things original, Liu brothers to the post, they also rent down to a blind person living in the house, monthly 40.
Lau Brothers promise to listen to Beijing deceived
The staircase from the first floor leading to the shack, about one meter wide, very steep. Size of about 5 square meters shanty, shed about 1.6 meters high, the average adult in which is difficult to completely straightened. Shack, the few pieces of wood from a Chase branch shop, the walls around the edge of the bed lay a newspaper.
Here, a sub-mattress, a quilt, is that these blind all of his possessions.
Social, said Liu, as the first floor filled with pots and pans, fear of people with disabilities encounter, so only within their arrangements in the shack. However, according to the testimony of four victims, initially, the Trustee Liu social contact with them, are promised to Beijing after "Baochibaozhu, the monthly wages of 200 yuan," Well done, can make big money.
Four were sent back to countries of origin after the incident
The case file shows that four blind people can discuss about a day at 70 yuan, but the Liu family were taken away. Liu society lobbied for 1,000 yuan each to return home, before and after the conspiracy to benefit about 6,000 yuan.
Landlord force a recall, nearly a year and never saw Liu family to people with disabilities to eat meat. The grocery store near the Wudaokou Wang said: "Whether the bad weather, could be seen (here begging the people with disabilities)."
It is understood that after the incident, four blind with a statement from the public security department, she was sent back to the origin of the relevant departments.
Yesterday, the local party secretary introduced, Sheng is the parents have passed away, after their return home, he was arranged to a nursing home, the body is gradually restored. For the experience in Beijing, he did not want to mention. In addition, Zhao Italy has been home with their parents, part of the monthly subsidy.
However, Liu Min, Sun Dan is currently no news, a year ago, his family has said they are reported missing.
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