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    NeglectingforkliftdriverXingJu,whethertallegeddirecttenonalhomicide?

    文章来源:黄翠东 时间:2020-02-29

      "Neglecting" forklift driver XingJu, whether the alleged indirect intentional homicide? "Neglecting" forklift driver negligence causing death XingJu crime, whether the alleged indirect intentional homicide?Voice of China reported: at 3:30 on July 16, South Fourth Ring Road on the west side of the outer ring main Shibalidian Southbridge Road, Chaoyang District, Beijing, in a road accident, a small white passenger front and a shovel the rear end collision, passenger cars billowing white smoke, the driver and a passenger trapped in the car.In a period of widespread video, a passing driver to keep reminding forklift driver to move the car forward a move, but just kept forklift driver at the side of the phone.Soon, the little white smoke passenger becomes a raging fire, and just kind of have a passing driver to help fire when the forklift driver is still on the side press the phone, stand.The incident triggered a strong challenge friends, why not save forklift driver?This practice is not suspected of intentional homicide?In addition, the forklift can do on the main road?17 evening, Beijing police informed: Qi Moumou, male, 22 years old, you are not allowed to drive in the city road main road running without number plates wheeled on its own mechanical cars, traveling in the South Fourth Ring main route west to east, there is a suitable white small passenger cars coming from the same direction after the Qi Moumou car, the front part of small passenger cars and wheeled on its own mechanical rear of the vehicle collision, the passenger cars burst into flames, causing a small passenger Zhang, female, 31 years old, and Bai Moumou, female, 34 years old, two people were killed and two vehicles damaged.Currently, Qi Moumou on suspicion of negligence causing death has been the public security organs under criminal detention, the case is under further investigation.That is, at present, the police found the video Qi Moumou forklift driver is suspected of negligence causing death, not some users think of intentional homicide.So, negligence causing death is what kind of sin?Its constituent elements, what does?Wrongful death two key: First, negligence, one overconfident Beijing Yue Cheng Law Firm Senior Partner Yue Shen Shan lawyer explained: "negligence causing death is that he was not actually in the top subjective hope that this person died, but because of his negligence led to this mans death.Generally two types, one is that because of his negligence, should have been able to anticipate this person will die, or that the results of this will happen, but he did not foresee because of negligence; or that although he foresaw, but he gullible can be avoided, but did not actually can prevent it, this is the fault of over-confidence.Wrongful death will be sentenced to seven years in prison, less serious, it will be three years in prison."So, specific to this case, Qi Moumou Why in line with the crime of negligence causing death?Yue Shen Shan said, it would appear, the police either did not foresee that he would minibus caught fire and burned people; either Qi Moumou think to call the police belong to the precautions taken, but the measures failed to stop the tragedy.Yue Shen Shan: "Specific to this case is concerned, it is because of the wide spread of the Internet video does not start recording from the beginning, so say good determine the particular circumstances.If that is in accordance with this offense to be analyzed, it should be said that after the accident happened, he because of his negligence, did not foresee this will be a fire, cause this result in death occurred; or that he may have been foresaw, he has taken certain measures to prevent, but the measures he has taken insufficient to prevent the occurrence of this result.He may believe that the measures he has taken to avoid the occurrence of this result, but eventually someone died, so that from this point of view is identified, might think that he is a kind of state of mind negligence, leading to deaths."Lawyers say: identify indirect intentional homicide, depending on whether the laissez-faire harm but as the result of a lot of friends said, Qi Moumou watched the smoke from small passenger cars to fire, he obviously had plenty of time to put away the car, but but he just kept calling, and when passers-by risking their lives to put out the fire, he also stand.Is not it an indirect intentional homicide?Beijing Yue Cheng Law Firm Senior Partner Yue Shen Shan explained, finds indirect intentional homicide, depends on whether he laissez-faire produce harmful results.Yue Shen Shan: "indirect murder, saying that subjective to say that he was in fact a deliberate.But he is deliberately not to actively pursue the occurrence of this result, but said he was letting this result.That he had foreseen this result will happen, but he did not take any measures.As for the result will happen or not happen, in his heart is a kind of laissez-faire attitude, he is not to actively pursue.This is an indirect intentional.Indirect intent, constitute the crime of intentional homicide, intentional homicide sentencing that is relatively heavy.Intentional homicide, will be sentenced to ten years imprisonment, life imprisonment or death.Reasons "and now charges a final court conviction and sentencing are not necessarily linked, of course, now suspected of negligence causing cognizance of deaths, but police criminal compulsory measures of Qi Moumou.This prosecution whether to prosecute, what kind of charges prosecuted; and the court ultimately what counts conviction and sentencing, not necessarily linked.Yue Shen Shan also pointed out that both the discovery of new clues within the purview of the department of public security, then the final charges are subject to change.Yue Shen Shan: "Of course, we say that if it is found in the process of investigation, in fact, his interest in the result of negligence is not a state of mind, but an indirect intentional state of mind, it can in the investigation or prosecution of the time, even in the phase of the trial court ultimately determine a crime."China University of Political Science Professor Ruan Qilin analysis:" After the accident did occur, the parties should above all be stressed that to save people, especially in emergency situations, such as the victim lying on the middle of the road, at any time may be other vehicle rolling; or is under pressure in the car, he needs to quickly move him out from under the car, or on the pressure died; or is trapped in the car, then the car may burn occurred, or that has been behind the car rear-end, get the people to drag out.This situation is a very urgent situation, such an emergency situation should be said to be far more urgent alarm.Therefore, in these circumstances, whether it is by ways of the world, or as required by law, the first is to save people, in addition to these emergency situations, of course, possible that the police, of course, should do is no problem, but there are more urgent than that of the person concerned may have improper disposal problem on the issue of rescue, it may be because of improper disposal problem, so there is judiciary negligence causing the death of sin to the filing.Otherwise, in general, he will be able to initiate traffic accident."CNR reporter Sun Ying Cui Tianqi

    Neglecting forklift driver XingJu, whether the alleged indirect intentional homicide?

    Neglecting forklift driver XingJu, whether the alleged indirect intentional homicide?

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