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Newspaper reporter Tian Wensheng, "China Youth Daily" (March 31, 2015 04 edition)
Last June, Chongqing, a man injured after driving drunk on duty policemen to escape, the police party died. After the accident the man unit compensate the victims families and 1.4 million yuan, and made each other understanding. Recently, the accident man was sentenced to probation.
Over the years, hit his car after the cause of casualties, if positive payment, an understanding of victims, but pleaded guilty to a good attitude, most were sentenced to probation. This approach has been controversial, opponents argue that it is "redeeming money." For this case, it was felt, traffic accident resulting in injury or death, some even escape,louboutin homme, drunk driving and other circumstances, if the weight compensation and light punishment, it is difficult to understand and accept the reasonable, also affect the deterrent effect of the law, and some people even case understood as "1.4 million yuan can buy a life police."
In response, lawyers and experts say that traffic crime belong to criminal negligence, public concern is due not to clarify the constituent elements of the offense, according to China's laws and judicial practice of the crime of traffic accident, active compensation should become an important court decision considerations.
Wage earners escape after police car hit
At 20:50 on June 26, 2014, drunk driving FAN Lu Yu Yuzhong District of Chongqing Municipal Public Security Bureau Traffic Police Detachment Hualongqiao deputy brigade commander Wang,http://rush-group.com/information/apeboard_plus.cgi/apeboard_plus.cgi?command=read_message&msgnum=54/, Jiang tasks.
FAN found police mission,moncler soldes, in order to avoid inspection by the acceleration lane changes, improper operation to change lanes when the first police car damaged the left rear, and then the Wang knocked down, causing Wang injured, two vehicles damaged. Wang died.
FAN fled the scene after the accident, the next day at 2 pm, the police arrested him, after testing their blood alcohol content was 96.2 mg / 100 ml.
July 2, 2014, the Chongqing Municipal Public Security Bureau Traffic Police Detachment identified Yuzhong FAN assume full responsibility for the accident.
After the incident, the unit FAN and their families and the families of the victims reached a compensation agreement, compensation for families of the deceased and other 1.4 million yuan,http://www.sofmap.com/product_detail/exec/_/sku=11366872/-/gid=SA07060000, and has made the understanding of the families of victims.
Court that, truthfully confessed after appearing in court FAN offense, their units and their families after the accident, active consultation with the families of the victims and to reach a settlement agreement, the payment of compensation totaling 1.4 million yuan, and has achieved the families of victims of understanding, at the same time FAN has accused the statutory conditions and other applicable repentance probation may be appropriate to their sentences and probation law. Accordingly, the court verdict to traffic crime sentenced to 3 years imprisonment, suspended for five years.
China Youth Daily reporter learned through multiple channels, FAN is not market rumors of "deep background",http://www.uocca.com:8089/forum.php?mod=viewthread&tid=35249, but an ordinary wage earners, is a hot company owner car, Mercedes-Benz is the time of the incident driving company vehicles, Not all his.
In addition, FAN's father paralyzed, the entire family usually rely on subsistence income of their car.
Reporters learned that time of the incident, Wang, who is not drunk driving, but the implementation of traffic control tasks. Earlier, the police on suspicion of traffic crime carried out investigation, the prosecution also alleged traffic crime prosecution, the crime of obstruction of official business are not covered.
Active compensation for 1.4 million yuan after eligible for probation
Our law: Violation of traffic regulations, and therefore a major accident, causing serious injury, death or serious losses to public and private property, and at 3 years of imprisonment or criminal detention; Transport fled after the accident or other special circumstances of the poor , not more than 3 years 7 years imprisonment; death caused by escape, at more than seven years in prison.
For the case of specific circumstances, FAN how fined? Who asked not to disclose the identity of the lawyer made its own interpretation.
In this case, when the FAN escape police who live there, ambulances rushed to the scene in time, escape did not affect the treatment, FAN whether Wang will escape death and no direct causal association, should belong to the "death caused by escape "the situation,http://www.flexsche.com, but are" Transport fled after the accident, "the situation. In other words, according to the law should be at least 3 years 7 years imprisonment.
According to "People's Court sentencing guidance (Trial)", after Traffic Accident can determine sentencing start within three to four years' imprisonment margin.
For active compensation of victims of economic loss, considering the nature of the offense, the amount of compensation, the compensation capacity, etc., can be reduced by 30% below baseline sentence.
For the victims or their families to obtain understanding, considering the nature of the crime, the severity of the offense, understanding the causes and extent of the case pleaded guilty to repentance, punishment can be reduced by 20% below baseline.
Supreme People's Court "on the application & lt; People's Republic of China Criminal Procedure & gt; explained," stipulates that the case reached a settlement agreement, the people's court for the defendant should be given a lighter punishment; compliance with applicable conditions of non-custodial sentence, should apply non-custodial punishment; sentenced to the statutory minimum sentence is still too heavy, you can reduce the punishment; integrated to the case considered a minor offense does not require criminal punishment may be exempted from criminal punishment.
"Throughout the whole case, drunk driving, escape, etc. to aggravating circumstances; active compensation, an understanding, etc. are mitigating circumstances,http://hyper5.amuser.net/~youknow/limelight/kobato/bbs6/custombbs.cgi/, this should be a comprehensive assessment." The lawyer analysts say, may be from the court where the defendant and family unit full compensation reflects the sincerity and remorse, the defendant made a written understanding of the family, the extraordinary help maintain the high compensation of victims of family life in the future, the accused family need their care, the defendant did not hurt the subjective malice, in compliance with applicable legal requirements and other factors probation and judgment. "I think the court's decision is in line with the law."
Obviously, FAN actively compensate the families and the families of victims to obtain the understanding of the important considerations is to make a final judgment on probation.
Reporters confirmed through multiple channels, FAN's family was not wealthy, allegedly in order to raise compensation payments and "Zaguomaitie" -like raised 600,000 yuan, he worked pot has provided 800,louboutin femme,000 yuan, the total for the victims family paid a final 1.4 million yuan. Informed sources have commented:. "The family called the exhausting,http://kidssmile.horishoten.co.jp/detail.php?code=795162, we should not doubt the sincerity of their active atonement"
Compensation the responsible party has made a written understanding of the families of victims, asked the court to its lighter treatment.
To protect the interests of victims
In fact, in many cases, the perpetrators who crashed after lethal injury, active compensation, the court sentenced to probation tend. Sentenced to probation means that, as long as not on probation, "offenders" could be dispensed with jail. When the court fined the Crime positive full compensation often become an important considerations.
In this regard, professor and doctoral tutor Shipeng Peng China University of Political Science agrees. He believes that traffic crime belong to criminal negligence, the perpetrator subjectively not killed intentionally injured others. "Of course, if the perpetrators of subjective intent, it may constitute intentional homicide or crimes against public security and so on, should be the most severe punishment. But the large number of no harm to others, hurt society's subjective malicious people to prison, not necessarily the most good choice. "Shipeng Peng said.
According introduction of full compensation for criminal negligence active imposition of a lighter penalty,louboutin femme, the existing law, there are two mechanisms, first, last modified in 2012 by the Criminal Procedure Code provisions on the criminal settlement procedure,woolrich outlet,http://bbs.weilanhaian.com/home.php?mod=spacecp&ac=blog&blogid=, the second is substantive law concerning the relevant provisions of lighter punishment. "This situation is more common in Traffic Accident."
He believes that for the purposes of criminal negligence, should pay attention to repair damaged social relationships is a crime, the victim in an important position, so that they can be obtained on the moral and material compensation. Resolved by way of criminal with civil compensation, theoretically feasible, but in judicial practice, but the prevalence of lag compensation even embarrassing fall victim rights and interests have not been effective, effective protection.
He said the application of criminal law about "combining punishment with leniency", for the minor crime, subjective vicious little positive to recoup their losses, the understanding of crime victims who should be given the opportunity to turn over a new leaf as far as possible, be given a lighter according to the law, to reduce or waive penalties reduce social antithesis. Traffic accident on a typical "subjective vicious little" situation.
How to avoid the "life and wealth."
Traffic Crimes of judicial interpretation, the "incapacity the amount of compensation" clause. Opponents argue that the amount of compensation can not afford to be a conviction standard, may lead to the rich freedom, the poor go to jail, contrary to the fair.
This is similar to the ancient "redeeming" (pay a certain amount of money to redeem the original penalty) In principle the idea of being civil summarized as "to buy" punishment, is suffering the attention and criticism.
On the other side of the coin, it was also concerned about how to set up a more scientific rules to allow traffic perpetrators actively compensate for the loss, the victim and the family can not live without because of mishaps. After all, if a major accident occurs, the perpetrators should not lose money lose jail, natural selection, "might as well not to lose money or less money-losing," one victim, "both lost people and lost wealth."
In theory, the establishment of a criminal case calls for national compensation system for victims of increasingly high, that does not fulfill the ability of criminal defendants by the state instead of those victims who have no fault to give some material compensation.
Shipeng Peng believes that the difficulty lies in the implementation of the system operation, "which types of cases the victim to get compensation? How to determine the amount of compensation? Spiritual compensation not to be included? This is not a very simple answer to the question will be able to obtain needed research." .
He believes that the current, more realistic option is to encourage a variety of non-governmental organizations involved in this type of rescue.
Punishment for the crime of traffic accident real problem of low, Pingyin County, Shandong Province People's Court judge Cao Ning had the author recommends that last year, firmly grasp the principle of probation, probation applicable to traffic crime to wear "magic."
The article suggests the establishment of an effective mechanism for handling criminal people combined, to establish a "civil, criminal and try" concept. In the hearing in Traffic Accident, or even to "our ancestors after punishment", make full use of seizure, detention,http://www.terraverdehoa.com, urging the insurance claims and other measures to increase the rate of mediation with the civil part, urged the defendant before sentencing timely and full payment of compensation avoid cases enforcement measures take effect before starting the passive situation. In addition, to strengthen the enforcement of civil judgments incidental, because sentenced to real punishment for not actively cooperate even hide or transfer of property of the defendant, after the commencement of the sentence, to increase enforcement of their property, exhaustive various execution measures to ensure the effective judgment to be fulfilled.
(Original title: drunk driving hit and run Chongqing, a man actively compensate eligible for probation) |
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發表於 2015-10-10 23:26:37
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