The man who drunk and fell on the ground at the garage entrance in the early morning was prosecuted
Does negligence cause death or accident?
In the early morning, Wang Qi drove into the residential area. When he turned into the underground garage, the lift rod was raised. The vehicle just drove forward for one meter and suddenly bumped.
Wang Qi hurriedly got out of the car and found a person lying under the wheel, moaning constantly.
Wang Qi immediately called the security and dialed emergency and police calls.
The one who was run over was a drunk man who lived in this community.
Surveillance video shows that more than ten minutes before the incident, the drunk man swayed, somehow walked to the garage, tripped over the lifting pole and fell to the ground.
After being crushed, the drunk man eventually died after rescue.
In July 2019, this tragedy occurred in Sanmenxia City, Henan Province.
Wang Qi was detained by the police on suspicion of negligence causing death, and the prosecution filed a public prosecution. He believed that Wang Qi did not determine the road conditions when he drove into the parking lot and should be held criminally responsible.
In the view of Wang Qi’s family, this was an accident, not a criminal case. “It certainly did not constitute a crime. It was late at night, the entrance to the garage was not well lit, and the drunk man was lying in the'visual blind spot'. No one could think of it. There will be a person lying underneath, right?"
The Chengdu Commercial Daily-Red Star News reporter learned that on August 28, the People's Court of Hubin District of Sanmenxia City heard the case publicly and has not yet pronounced a verdict.
event:
Drunk man was tripped and lying lying down at the garage entrance and run over to death
"Yeah, hello, what is it? It stopped." After the lift rod was raised, the vehicle had just driven toward the underground garage for about one meter. A sudden bump made Li Shaoqing, who was sitting in the passenger seat, puzzled.
"I don't know." said Li Shaoqing's son, Wang Qi in the driving seat.
Wang Qi got out of the car to check, "There is still someone!" The mother and son were in confusion, and immediately called the security guard outside and called emergency and police calls.
Li Shaoqing shouted anxiously, "How can there be someone here!"
The surveillance video and the video of the driving recorder obtained by the Chengdu Commercial Daily-Red Star News reporter fully recorded this incident that occurred at the entrance of the underground garage of the Sanmenxia Botanical Garden.
Relevant video materials show that at about 0:40 am on July 20, 2019, Li Shibin, a resident of the Botanical Garden community, staggered in the community.
At the entrance of the underground garage, Li Shibin turned a corner and walked towards the garage. Then he tripped over the lifting pole in front of him. Li Shibin fell forward and fell to the ground without getting up.
According to the case information, Li Shibin drank alcohol that night.
According to forensic identification, Li Shibin's blood alcohol content per 100 ml was 396.8 mg.
About 10 minutes later, Wang Qi drove an off-road vehicle, entered from the gate of the community, and turned left toward the underground garage.
Neither the mother nor the son in the car noticed, they ran over Li Shibin's body lying on the ground.
When Wang Qi got out of the car, Li Shibin was still moaning "Hey...hey".
The contents of the "Indictment" obtained by the People's Procuratorate of Hubin District, Sanmenxia City by the Chengdu Commercial Daily-Red Star News reporter showed that Li Shibin was crushed and injured. After the rescue failed, he died of liver and spleen injuries caused by blunt external force.
Video data showed that when Wang Qi drove into the garage, the vehicle turned on the low beam, and a light at the entrance of the garage was shining outward.
On the evening of September 22, 2020, the Chengdu Commercial Daily-Red Star News reporter saw on the spot that after entering the gate of the community and going straight for about 30 meters, the garage was on the left side of the road. Vehicles had to turn into the road. There was a speed bump at the garage entrance and a The externally illuminated lamp is consistent with the picture displayed by the video data, and it is completely dark from the lift rod to the inside.
Prosecutor
Death caused by negligence
/ Reasons / Dynamically through the garage entrance, you can see people lying down on the lifting poles
On the day of the incident, Wang Qi was criminally detained by the Langshan Branch of the Sanmenxia Public Security Bureau on suspicion of negligence causing death, and his arrest was approved on August 3, 2019.
On January 3, 2020, the People's Procuratorate of Hubin District, Sanmenxia City filed a public prosecution against Wang Qi for the crime of negligence causing death.
The prosecutor believed that after Wang Qi drove into the community and turned left into the underground parking lot, he did not know the road conditions. He drove over Li Shibin who fell to the ground, causing Li Shibin to be injured and died after rescue efforts failed.
The prosecution stated that Wang Qi's negligence caused death and the circumstances were relatively minor. His behavior violated Article 233 of the Criminal Law. The facts of the crime were clear and the evidence was sufficient and reliable, and he should be held criminally responsible.
The Chengdu Commercial Daily-Red Star News reporter inquired that Article 233 of the Criminal Law stipulates that if a person is killed by negligence, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years.
According to the relevant case data obtained by the Chengdu Commercial Daily-Red Star News reporter, after the incident, the police conducted investigation experiments to analyze whether Wang Qi could see Li Shibin lying under the lifting pole under the conditions at the time of the incident.
"Investigation Experiment Records" stated that under the time and space conditions of the incident, Wang Qi could not see the people lying on the ground through the front windshield after the vehicle turned completely and the front of the car was raised. However, when he passed through the underground garage entrance, he passed the left side of the cab. The side glass allows you to see people lying under the lifting poles at the entrance of the underground garage.
The Chengdu Commercial Daily-Red Star News reporter was informed that on August 28, the People's Court of Hubin District of Sanmenxia City conducted a public trial of the case, and the verdict has not yet been pronounced.
The Chengdu Commercial Daily-Red Star News reporter contacted the Hubin District People’s Court and the Hubin District People’s Procuratorate in an attempt to conduct an interview on the case.
The relevant persons in charge of the court and the procuratorate stated that they would not accept media interviews.
Family
This is an accident
/ Reasons / There is a blind spot, no drunk people can be seen
So far, Wang Qi has been in custody for one year and two months. His family members have always believed that this was an accident, not a criminal case.
"There is a liability for compensation, but it absolutely does not constitute a crime. My son accidentally crushed Li Shibin when he was completely unforeseeable while lying on the garage floor." On September 22, Wang Qi's father, Wang Dongxing, told Chengdu Business Daily －Red Star News reporter said.
Li Shaoqing also said that at the time of the incident, his son drove into the community normally, did not answer the phone, did not listen to music, and did not chat with her sitting in the co-pilot. He kept focusing on driving without knowing or seeing. , Unforeseen circumstances, sudden bumps when the vehicle enters the warehouse.
"After my son got out of the car, he smelled a strong smell of alcohol." Li Shaoqing said. After Li Shibin fell to the ground drunk, surveillance video showed that the residents in the past did not see it, nor did the security guards patrolling near the garage entrance. I didn't see it in the passenger seat, "Why should I ask my son to see it? It's impossible to see anyone on the ground."
Li Shaoqing believes that this is a simple accident and does not understand why the police and the procuratorate must handle a criminal case. "No one would have imagined that after three shifts in the middle of the night, after turning left at a 90 degree right angle and going downhill, there would be a big scorpion lying under the garage railing. Drunk people, there is a blind spot."
Wang Dongxing added that after the incident, in order to "prove" that the incident was purely accidental, they conducted a simulation experiment on their own. Under similar time and space conditions, they placed the prepared straw bag of the human body in the place where Li Shibin was lying. "There are more than a dozen vehicles going home from the community, and they all rolled over the straw bags when they got out of the underground garage.
Wang Dongxing believes that his son accidentally drove over someone to death in this accident, and he should not bear the criminal consequences, but the family is willing to bear the responsibility for compensation, "We bear the main compensation responsibility, and the other party has also had its own fault and should also bear part of it."
Wang Dongxing said that since the incident, they have repeatedly discussed indirect compensation with Li Shibin's family, but because the other party is unwilling to clarify the responsibilities of both parties, the negotiations have been fruitless.
On September 23, Li Shibin’s family told the Chengdu Commercial Daily-Red Star News reporter, “I believe the law now and wait for the court to decide. I won’t say anything until the court decides.”
Lawyer analysis
The focus of this case is
Can the driver see the drunk faller
In the previous trial, Wang Qi accidentally crushed a drunk man to death at the entrance of the garage. Whether it was "death caused by negligence" or "an accident" has become the focus of dispute between the prosecution and the defense.
In this regard, the Chengdu Commercial Daily-Red Star News reporter also interviewed many well-known lawyers in the industry.
"I tend to think that this was an accident." said Zhang Xinnian, vice chairman of the Beijing Social Organization Legal Mediation Center and Beijing Zhongwen Law Firm.
According to Fu Jian, a lawyer from Henan Yulong Law Firm, an "unexpected event" means that the perpetrator cannot foresee or foresee the occurrence of a harmful result, which leads to a harmful result.
It is impossible to foresee the occurrence of accidents in terms of cognitive factors, and it is impossible to foresee them. In terms of volitional factors, the perpetrator has a negative attitude towards the occurrence of this harmful result, that is, does not want to cause the harmful result to occur.
"Negligence causes death, it means that the perpetrator should foresee that his actions may cause harm to the society, because he was negligent and did not foresee, or he had foreseen and credulously believed that it could be avoided, so that the harmful result occurred." Fu Jian said.
Fu Jian believes that in this case, the perpetrator Wang Qi drove an off-road vehicle on the day of the case, entered from the gate of the community, and turned left to the underground garage.
Under normal circumstances, most people should be resting at home in the early hours of the morning. In this case, the situation where the deceased Li Shibin was drunk in the early morning and lying at the entrance of the underground garage is really special. Under the time and space conditions at the time, the time of the incident was In the early morning, the light is insufficient and the location is the entrance of the underground garage. Under normal circumstances, there will be no pedestrians except for passing vehicles, so it is almost impossible for Wang Qi to foresee this situation.
Fu Jian believes that the focus of the dispute in this case is whether the driver Wang Qi can see Li Shibin during normal driving. From a legal perspective, if Wang Qi can see Li Shibin during normal driving and an accident occurs, it is Negligence caused death, if you can’t see it, it’s an accident.
Yin Qingli, director of Beijing R&F Law Firm, believes that the crime of negligence causing death in this case is mainly a subjective determination, that is, it should be foreseen that one's own behavior may cause the harmful result of the death of others, and that it was not foreseen due to negligence, or has been foreseen. And credulity can be avoided, "This case mainly involves the question of whether negligence is established."
Yin Qingli stated that judging whether it should be foreseen or not, judicial practice is mainly based on the ability of ordinary people and the objective conditions of behavior. "In this case, the objective conditions at the time of the incident were late at night, complicated garage entrances, and dark There are many factors such as lights, off-road vehicles, etc. The incident occurred in a garage. Under normal circumstances, there is a convention that pedestrians are prohibited from entering. In addition, based on the ability of ordinary people, almost all drivers cannot accurately judge that someone is lying under the above objective conditions. The incident happened on the ground."
"In this case, the deceased himself was drunk more than 4 times as high as 80 mg, and he seriously violated the common-sense rules of walking in and out of the garage. In addition, it does not rule out faults in the review, installation, and management of the property." Yin Qingli It is believed that under this comprehensive fault system, it is difficult for the defendant in this case to bear the main fault liability for civil fault, and it is improper to charge him in a criminal case in this case.
Chengdu Commercial Daily-Red Star News reporter Wang Jianqiang