A verdict of the first instance in Yunnan's "Li Xincao drowning case"
The defendant was sentenced to one year and six months in prison. Li Xincao's mother said she would appeal
West China Metropolis Daily-cover news reporter Xu Xiangdong Xiao Yang from Kunming, Yunnan
On the morning of September 21, the "Li Xincao drowning case" in Yunnan that has attracted much attention from all walks of life came to fruition.
The People’s Court of Panlong District of Kunming City issued a public sentence in the first instance on the crime of negligence causing death by the defendant Luo Binggan and the incidental civil lawsuit filed by the plaintiff Chen Meilian in the incidental civil lawsuit. In months, Luo Binggan was ordered to compensate the plaintiff Chen Meilian in the incidental civil lawsuit for economic losses of RMB 63,257.
Verdict of first instance
What are the criminal facts of the defendant?
The People's Court of Panlong District, Kunming City found that on September 8, 2019, the defendant Luo Binggan had a party with Ren Moushen, Li Xincao, and Li Mouhao.
Luo Bingqian repeatedly suggested continuous drinking at different locations on the night of the incident.
After Li Xincao was in general drunkenness, such as walking swaying, unsteady sitting, and emotional upset, Luo Bingqian persuaded and comforted Li Xincao, and fulfilled a certain duty of care and help.
During the late period of drunkenness, Li Xincao's abnormal situation continued to aggravate. He continued to speak nonsense, smash and beat, pour water on his head, hit the table with his head, cut his wrist with a beer bottle cap, and cross the riverside guardrail. , The ability to distinguish and control is significantly reduced.
Luo Bingqian only adopted persuasion and other general comforting behaviors, believing that this would avoid the harmful consequences, and did not take corresponding effective rescue measures. In order to avoid troubles and bear the cost of rescue, he did not adopt reasonable suggestions to report to the police and send the doctor, and used slapped roughness. The method used Li Xincao to sober up, which made Li Xincao's mood even more unstable, and eventually caused Li Xincao to fall over the riverside guardrail and drown.
It was also found that the death of the victim Li Xincao caused his relatives to bear economic losses such as funeral expenses, transportation expenses, and lost work expenses.
The People’s Court of Panlong District of Kunming City believes that the facts of the crime in which the public prosecutor accused Luo Binggan of the crime of negligence leading to death are clear, the evidence is credible and sufficient, and the charges are convicted and should be punished according to law.
In view of the fact that Luo Bingqian took care of and helped the drunk victim Li Xincao during the joint drinking process, the crime was relatively minor.
Luo Bingqian surrendered himself and could be punished lightly according to law.
If he voluntarily confessed his guilt and punished, and signed the recognizance, he can be punished with leniency according to law.
The sentencing recommendations made by the public prosecution agency were appropriate and the court accepted them.
The plaintiff’s petition in an incidental civil lawsuit shall be supported for economic losses in compliance with relevant laws.
The court comprehensively considered Luo Binggan's crime facts, nature, circumstances, the degree of harm to society and his attitude of plea and repentance, and made the above-mentioned judgment in accordance with the law.
The families of the victims, deputies to the National People's Congress, members of the CPPCC, journalists and some members of the public listened to the case and pronounced the verdict.
After the judgment
Li Xincao's mother: will appeal
In response to this result, Li Xincao's mother, Chen Meilian, said that she would appeal.
Chen Meilian said that in addition to Luo Binggan, who drank with Li Xincao on the night of the incident, Ren Moushen and Li Mouhao should be held criminally responsible.
At the same time, they should also be held accountable for civil compensation.
Earlier, Chen Meilian filed an incidental civil lawsuit against Ren Moushen and Li Mouhao.
On August 24 this year, the People's Court of Panlong District, Kunming City issued a criminal and attached civil ruling.
This ruling shows that the public security organs are still investigating. Therefore, the incidental civil lawsuit filed by Chen Meilian does not fall within the scope of the people’s court to accept the incidental civil lawsuit. According to relevant regulations, the civil lawsuit brought by Chen Meilian against the two persons was not accepted Accept.
In this regard, Chen Meilian’s lawyer believes that this compensation lawsuit is a necessary joint lawsuit and cannot be handled separately.
Next, they will appeal to the Kunming Intermediate People's Court.
Focus attention
Kunming City Discipline Inspection and Supervision Agency
16 police officers have been accountable
Regarding other issues involved in the case that the majority of netizens are concerned about, the relevant case handling agency in Kunming accepted an exclusive interview and responded.
1. Why don't Ren and Lee be held criminally responsible?
According to the Kunming City Police, in this case, Luo Binggan’s behavior is relatively high. Ren Moushen and Li Mouhao were not the party organizers. They followed and took care of Li Xincao after being drunk. They did not perform improper behavior to stimulate drunkenness. Li Xincao and Li Moumouhao also made reasonable suggestions such as calling 120 to send a doctor to the police and ask the police for help.
On September 21, 2020, the Panlong Public Security Bureau determined that Ren Moushen and Li Mouhao did not constitute a criminal offence and would not be held criminally responsible. They were released on bail pending trial and the investigation was terminated.
2. Why does Luo Bingqian's behavior not constitute the crime of compulsory indecency and insult?
According to the Kunming City Police, at the early stage of the investigation, the investigative agency submitted evidence to the procuratorial agency to approve the arrest, which showed that Luo Binggan was suspected of committing acts of compulsory indecency and insult, and the procuratorial agency made a decision to approve his arrest.
With the deepening of the investigation and the continuous improvement of evidence, the clarification of video and audio processing of bar surveillance video, review of surveillance video frame by frame, and integration of the defendant’s confession, witness testimony and other evidence, the case-handling agency believes that Luo Binggan is to appease Li Xincao and let him sober up, leaning over and slapped Li Xincao. Subjectively, he did not intend to be indecent or insulting, and he did not objectively touch Li Xincao's private parts, which did not constitute the crime of compulsory indecency or insult.
3. Were there any instances of insufficient performance of duties during the preliminary investigation and evidence collection process?
According to the Kunming City Police, the Kunming City Disciplinary Inspection and Supervision Agency has encountered problems such as inadequate performance of duties and irregular law enforcement behaviors in the early handling of cases, law enforcement and case handling, etc., against Panlong Public Security Branch and Branch Command Center, Criminal Investigation Brigade, and Gulou Police Station. Conducted back investigations, and in accordance with party discipline and party regulations and related regulations, 16 police officers were individually accountable for removal, demotion, serious warnings within the party, and exhortations.
4. How to avoid a repeat of the tragedy?
The drowning of Li Xincao, a young female college student, was a heart-wrenching tragedy. During the interview, the reporter deeply felt that in order to avoid the tragedy from happening again, we should avoid drinking alcohol during the party and drinking, and the drinking should be discouraged. Remind and take care of it is not only a moral obligation, but also a legal obligation.
Especially for drinkers who are drunk or have adverse reactions that may endanger personal safety and life safety, they should promptly persuade, take care, notify their family members, send them home safely or assist in sending them to medical institutions for treatment. Only in this way can they protect participating in drinking Human safety and interests.
Otherwise, they are indifferent to each other, shirk their responsibilities, regardless of others, do not give assistance, and bear the corresponding legal responsibility if serious consequences occur.
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