Source: OT-Team(G), 上海黄浦
On September 10, "Shanghai Huangpu" reported a case in which foreign nationals were held legally accountable for a late-night street brawl while intoxicated.
At 6 a.m. one November morning in 2024, the quiet chill of late autumn in Shanghai was suddenly shattered by shouting. Several foreigners were seen fighting violently on the street. Amid the chaos, one man fell heavily to the ground. Instead of stopping, others surrounded him, punching and kicking. By the time the crowd dispersed, the man's face was swollen and bloodied. Though he managed to call the police, he left the scene before officers arrived.
Police investigations revealed that the individuals involved were Moroccan expatriates who frequented the INS Paradise bar. They had known each other previously and had already fought over minor disputes in the same venue a week earlier. On that occasion, K was badly beaten by Z but did not report the matter. Friends were aware of the incident, and Z was even scorned for repeatedly demanding money from others under the pretext of being assaulted.
On the day of the latest altercation, Z approached K's girlfriend, W, at the bar and attempted to introduce her to others. When K learned of this through his friend N, he became enraged. After the bar closed, K confronted Z. The two exchanged insults before K suddenly shoved Z to the ground and repeatedly struck him. Z offered no resistance. N, recalling that Z had once disrespected his own girlfriend, also joined in and kicked Z during the scuffle.
Authorities launched a criminal investigation into K and N on suspicion of intentional assault. A forensic medical evaluation confirmed that Z had suffered a fractured nasal bone, classified as a minor injury under Chinese law. Following review by the procuratorate, the Huangpu District Legal Aid Center appointed lawyer Huang Chaowei to defend N.
During consultations, Huang sternly admonished N, stressing that all individuals in China—regardless of nationality—must abide by Chinese law. Personal disputes, cultural misunderstandings, or language barriers are no excuse for violence. N expressed remorse. After carefully reviewing the evidence, Huang argued that there was no direct proof N struck Z in the face and that the nasal fracture could have resulted from other causes. The prosecution ultimately accepted this defense, dropping charges against N while moving forward with the indictment of K.
Legal Context
Under Article 234 of the Criminal Law of the People's Republic of China, intentional injury to another person is punishable by up to three years' imprisonment, detention, or control. More serious cases—resulting in severe injury, death, or permanent disability through especially cruel means—carry penalties ranging from over three years to life imprisonment, or even the death penalty.
Lawyer's Comment
"This case, though arising among Moroccan expatriates, underscores how cultural differences and social habits can shape perceptions of personal disputes," said lawyer Huang Chaowei. "Alcohol and romantic relationships often exacerbate tensions. Several fights had already occurred in the INS Paradise area, objectively disturbing public order. Such conduct must be judged within the framework of Chinese law.
Both K and N are subject to Chinese jurisdiction while in the country. Although prosecutors determined that evidence was insufficient to charge N with intentional injury, this does not rule out the possibility of administrative penalties under the Public Security Administration Punishments Law. For foreign nationals who violate public security regulations, such penalties may include orders to leave within a set time or deportation."
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