Hu Bin, the cusp of the case has not yet corpuscles, but also with Porsche butt out of the case of wind and rain can be described as the city of Hangzhou, it seems that the city's traffic management should be intensified! However, Hu Bin inherited the case, Porsche accident case and the case was carefully raised many questions users. summed up in the following four points:
1, people and vehicles away from the fact that more than 2 meters doubt.
2, Porsche collision After the slide were not?
3, the importance of video surveillance and 29 seconds why the loss?
4, the deceased appears in the zebra slippers Why?
more questions, circulated among the users was well-founded. If the situation true, then the more doubt on the facts of the case will be identified, found guilty, the amount of compensation a corresponding series of legal problems. can not take it seriously, the police must also carefully check the public a br> The police have released from the users on the material questioned in Hangzhou, we can see that the people in question is behind the police can do justice to the concerns, but also Zuiyufeizui, the crime to the conflicts with the Zuiqing. case , or with the relevant provisions of the Criminal Law Traffic Accident Analysis to it one by one.
called the Crime is engaged in transportation in violation of rules and regulations, and thus a major accident, causing serious injury or death suffered heavy losses of public and private property, the crime.
Zuiyufeizui traffic accident to draw boundaries, focus on grasping the following two aspects: First, subjective and depends on whether the perpetrator is at fault. If you have subjective fault behavior can be traffic crime; If the perpetrator caused due to unforeseen traffic, then there is no sin, and therefore can not identify a crime. The second is to see whether the perpetrator traffic violations, resulting in harmful consequences for how much. perpetrator must have certain due to traffic accident consequences, and the consequences of the conditions, can constitute a traffic accident a crime. For example, if the perpetrator of the act although the objective caused some harm results, but neither illegal traffic management and regulations, does not have subjective fault , you should belong to traffic accidents in the.
Crime of criminal responsibility:
under the provisions of Article 133 of the Criminal Code, the provisions of the Crime of three different levels of punishment (sentencing grade): br> 1. violate the traffic regulations, and thus a major accident, causing serious injury, death or serious losses to public and private property, and at 3 years of imprisonment or criminal detention.
here to the so-called ;, according to ) died three or more negative the same responsibility for the accident;
(3) or other public property caused by direct loss of property, or the primary responsibility for all the negative incidents, the amount of compensation can not afford more than the three hundred thousand yuan.
2 . Traffic Casualties or other extremely serious, at least 3 years 7 years imprisonment.
3, escape and cause the death of people, at 7 years in prison.
summary, Porsche act in case of accident drunk driving, has been a serious violation of traffic regulations, causing one death and serious consequences. Therefore, in accordance with the provisions of the criminal law should be recognized as , users of the existence of four major doubt for the case of conviction and sentence do?
doubt one: people and cars separated by 2 meters findings of fact.
police said Ma Fangfang was hit crossing on the south side of 10 meters . according to the analysis of users, such as identified by the police from the vehicle and the Ma Fangfang is essentially between the 2 m interval, then it can not be hit. The doubt if real, would make the existence of criminal suspects crime of doubt. If the police theory of the establishment of 10 m hit, the video shows the vehicle crossing up to 3 meters away from the fact that is true, then Ma Fangfang can not hit, the talk about what crimes it?
this doubt should be be scientific, the real finds, otherwise there will be controversy Zuiyufeizui, because there is a 29 seconds video follow-up to a significant loss (follow-up to On).
doubt II: Porsche gave the driver does not slide after? < br> the logic of the exercise of the normal vehicles, vehicle crash barriers will appear after a certain sliding distance, the police announced the results seem to stop at accident Porsche secure in place. The existence of doubt, whether the death of Ma Fangfang hit in crosswalk, high cross is very important. If the doubt prove true, the Porsche could be hit at the crossing and she was pushed as far as Ma Fangfang zebra crossing outside 10 meters to the taxi while crossing the 8 meters away (I do not know My inference is logical, not categorically). So, Porsche owners Wei Zhigang you should assume full responsibility for the traffic accident, not the main responsibility.
identification of primary and secondary responsibilities, and bear the punishment of crimes of civil compensation is very important, follow-up discussion.
doubt three: the key video surveillance and 29 seconds why the loss?
that loss may not be true, that deliberately hide the general public may be more in line with speculation, as the case they are linked on the Police dare. because the video evidence provided by the police is there to prove Ma Fangfang own fault, should bear secondary responsibility. that cross the street, there is question to be critical 29 seconds of video released, why allow people to question to guess it? This is outside the question, then, angrily terms.
users of this question and 29 seconds video is point one, two, four answers If the facts are clear and complete to the video not to mention questioned. This can be described at least 29 seconds video Porsche butt scene, which can make clear whether the crime Wei Zhigang, is primarily responsible.
video loss if the key 29 seconds, The question then users may be real point, which will affect the case, the responsibility of the judge handling the crime penalty.
doubt Four: Why do the dead appears in the zebra slippers?
through video, there are users that appear slippers Ma Fangfang In the zebra crossing, then it seems to infer Ma Fangfang knocked in time across the zebra crossing, which can determine the Hangzhou police lying.
of the doubt if real, is the responsibility of the primary and secondary identification, Wei Zhigang the Crime of Punishment Identification of an impact. After all, the primary responsibility for all the responsibility and there is a certain difference between the punishment.
proof of the above are in doubt, drink-driving in the Porsche Wei Zhigang will walk in the zebra crossing to cross the street scene impact on the body Ma Fangfang death, constitute provisions of Article 133 of the Criminal Code of the Crime. because the driver is drunk driving and take full responsibility for the traffic accident, it shall be sentenced to 3 years imprisonment. Mafang Fang family in criminal proceedings can be made at the same time civil liability, or otherwise made after a criminal sentence.
basic legal principle is The purpose is to punish crime, protect the people. not in accordance with the law, strictly enforced laws to do so? rule of law is it not empty?!
public trust to a total of Hing!
(Beijing Huatai Law Firm lawyer Xiong Chao )
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