Free money does not equal criminal settlement in jail

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Saying twisters, called "nephew lantern - according uncle (old)", which show the relationship between intimacy Shengjiu. However, the Nanjing Gulou Nanjing's first criminal case reconciliation on March 8 court decision, but from the sharp contradiction between the pair Shengjiu. As a nephew of Zhang, he chewed his uncle in a certain nose, causing it constitutes a minor. After several court to do the work, Zhang uncle one hundred thousand yuan compensation, while his uncle is issued a letter of understanding, the Court accordingly Zhang exempted from criminal punishment.
 
Uncle nephew was wounded not be held
 
35-year-old Zhang is Nanjing, a bus company accounting, and the other in a certain uncle, 54-year-old, a company in Nanjing business department staff. Uncle and nephew were both conflict occurred last July 2 at 8 o'clock. That night, Zhang aunt too big 60th birthday,http://www.aihoku.net/cgi-local/aska/aska.cgi/daniel, in a hotel banquet dinner Zhongshan Road. On the banquet, Zhang and at a certain drink a lot of wine, because words do not, and the two sides will clash, and struggling together. Scuffle, in a certain part of the left side of the nose injury, a small defect. Issued by the police after the incident showed that "Zhang because of family conflicts accumulate before the surprise attack on certain, and will be a certain part of the left side of the nose bitten off, Zhang in the police fled the scene before police."
 
According to Zhang, the public security organs themselves in confession,http://repo.lib.hosei.ac.jp, he and in certain previous disputes, because of a few things. First, in a certain opposition son and his girlfriend,http://www.mt-bbs.com/home.php?mod=spacecp&ac=blog&blogid=, let Zhang to break them, but Zhang did let in a certain not very satisfied. Second, in 2011 at a certain time to help him decorate the house even cut corners, he decorated his house was a mess, after that end conflict,http://store.shopping.yahoo.co.jp/ebest-dvd/0000001121471.html, but also rushed to his house in certain beaten him, glasses were broken , eyes being broken lens scratches, Manlianshixue, left to the hospital after only 0.04 vision, there are multiple facial injuries. Zhang was on the police, but the police station I saw a family dispute, it is recommended that they be resolved internally, then Zhang's relatives and her mother tried to persuade him to forget, after all, is the pro-uncle, if it is treated, the family day at such and such on could not before. With this in mind, Zhang will no longer be held.
 
On feast nephew and uncle fight
 
As to why this dispute, Zhang said that after he was wounded two uncle eye vision has been bad, aunt birthday party at a time when the end, he felt something fly over, almost hit him, and he looked up and saw two standing in front of his uncle this table, his mouth said, "I am not afraid of anything, I did do a set, what I have on the chin." He was thought to be certain to get something to hit him, Take From a red bottle smashed in a certain, a certain hit in the chest, the two scuffled together. Scuffle, they fell to the ground together, in a certain son Seeing also involved, three fight together. After relatives of the trio opened,woolrich outlet, Zhang know not their opponents, ran away, because then drink high, Zhang did not even know the way, and eventually collapsed in the street. After woke up, Zhang himself went to the hospital, and contacted the mother.
 
And Zhang from the scene after leaving his mother and relatives will be certain to pull from the ground up, Manlianshixue found him, took him to the hospital, Zhang's mother dig three thousand dollars of medical expenses, After the doctor gave to certain clear record found on the left side of the nose less certain piece,canada goose homme, identified constitutes a minor, but not disfigured.
 
Monitoring presumed nephew nose bite
 
Later, Zhang police organization and in certain mediation, but because in a certain asking price is too high, poor families simply can not afford Zhang, the two sides can not reach an agreement. Eventually, in a certain and not mindful of his nephew did not pursue the last sensibilities, but on October 26 last year,http://www.cometoscotland.ca, asked the police to initiate criminal. On the same day 13 am,http://www.auto-tsukamoto.com/hpgen/epad/epad.cgi, Zhang received a phone after police came to the police station for police interrogation initiative, about what had happened. Zhang said, in a certain nose in the end is how injured he is not impressed, and not sure in the end is not their bite. But police told Zhang, after analyzing surveillance video, the whole process of the two conflicts,hogan outlet, in addition to Zhang and Yu have fit certain facial movements, there are no other external force to the face in a certain, accordingly For certain of the nose it can be speculated that Zhang bitten off. Later this statement has also been recognized judges.
 
Nephew, uncle lost one hundred thousand from punishment
 
In accordance with the criminal law, causing minor injuries substantiated indictable also be private prosecution,http://www.8264.com/home.php?mod=spacecp&ac=blog&blogid=,tiffany outlet online, because in a certain has asked the police file, then Zhang suspicion of intentional assault into the indictment. Nanjing Gulou court accepted the case identified Zhang intentional injury to certain facts, and that the Zhang's conduct constituted the crime of intentional injury. But Zhang after the incident can take the initiative to the public security organs surrendered, Department of surrender, according to the law may be given a lighter or mitigated punishment. In the case proceedings, in certain filed a criminal with a civil claim for compensation 22 million yuan Zhang. Both sides repeated in court work, the two sides reached a settlement agreement on civil compensation from the Zhang-time compensation to certain losses totaling one hundred thousand yuan a whole. After that, in certain issued a letter of understanding, a request for Zhang exempted from criminal punishment. Court under the provisions of the revised Code of Criminal Procedure on criminal reconciliation, according to Zhang lenient punishment, eliminating criminal penalties for Zhang, Zhang not jail.
 
■ judge interpretation
 
Free money does not equal criminal settlement in jail
 
"This is a settlement between the parties, the settlement is not public power and private rights, but not spend money on punishment." In an interview with reporters, said the case was the trial judge ,http://www.suma-yc.org, 277 Criminal Procedure Code after overhaul last year, criminal reconciliation has made strict rules, not in any case can be reconciliation. Cases can be reconciliation there are two, one is caused due to civil disputes involving violations of citizens' personal Penal Code Chapter IV, sin democratic rights,nike tn pas cher, and Chapter V of crimes against property, may be sentenced to three years of punishment. Another is in addition to the possibility of dereliction of duty and sentenced to seven years in prison the following penalty delinquency cases. These types of cases, as long as the suspect, the defendant sincere repentance, apology by damages to victims and other victims of the understanding obtained, the victim voluntary settlement, the parties may reconcile.
 
The parties are willing to settle, the public security organ after hearing the views of interested parties to review the legality of voluntary and chaired make reconciliation agreement. After the settlement agreement, the public security authorities may make recommendations to the prosecutor's leniency, prosecutors lenient punishment may make recommendations to the court. For a minor offense does not require criminal punishment may be made not to prosecute. The court may be punished according to the law of the defendant leniently. Referring to the new provisions of the Criminal Procedure Law, Zhang and brawl belong to certain civil disputes, with Zhang made positive compensation, has been understanding, so Zhang made the decision exempt from punishment. If Zhang did not get the understanding, we will likely face 8-10 months in prison. "277 there are exceptions, namely criminal suspects and defendants in less than five years had an intentional crime, and does not apply the provisions of this Article." (Paper party pseudonym) correspondent in the Court drum method
 
Yangzi Evening News reporter Luo Shuangjiang
 
(Original title: uncle nephew bitten nose, lost 100,000 Reconciliation)