Elderly man dies after being hit by a bag of A3 copy paper
Suspect under 16 years old is not criminally responsible, the matter has been transferred to civil lawsuit
Han Ying (pseudonym), a 67-year-old man who lives in Qingdao, was walking to an office building after dinner when a bag of A3 copy paper suddenly fell from the sky. Han Ying was hit and died.
After the incident, the Qingdao police quickly launched an investigation and found the suspect, a minor, who carried out high-altitude parabolic throwing in just a few hours.
Take a walk after dinner and encounter high-altitude parabolas
Elderly man dies
"Now our happy family has undergone earth-shaking changes. The old father's physical condition and mental state are up and down." Speaking of the sudden death of his mother, 42-year-old Zhu Liang (pseudonym) was full of sadness.
Zhu Liang said that her mother would go for a walk with her friends almost every day after dinner, and it was the same on May 31.
That night, Han Ying left her home. When she walked to an office building in Shinan District, Qingdao, a bag of A3 copy paper fell from the sky and hit Han Ying on the head. Han Ying then fell in a pool of blood.
After the incident, residents at the scene quickly dialed 120 and 110.
"My parents have lived in Qingdao for more than 20 years, and I live in Beijing with my wife and children." Zhu Liang said.
After the emergency, some citizens recognized Han Ying lying in a pool of blood and rushed to Han Ying's home to report the letter.
"My father was eating at the time, and when my father was helped to the scene of the incident, my mother was taken to the hospital by ambulance, and there was only blood on the scene." Zhu Liang said that because of the sudden incident, the collapsed father went out. At that time, I forgot to take my mobile phone. It was the property staff of the community who ran home and took the mobile phone.
That night, he received a call from his father. On the phone, his father told him that his mother had died after being rescued.
The moment he got the news, he was completely blinded in Beijing.
implement high-altitude parabolic
is a minor
After Zhu Liang returned to Qingdao, he immediately rushed to the local public security bureau.
From the police's mouth, Zhu Liang learned that his mother was killed by a high-altitude parabola, and the A3 copy paper that hit his mother's head weighed 8 kilograms.
"The package containing the A3 copy paper has been opened and used, and there are about 400 sheets of A3 copy paper left in it." Zhu Liang told reporters that after the incident, the local police launched an investigation overnight, and on June 1 found the implementation of a high-altitude parabola. the criminal suspect.
However, what people did not expect was that the suspect who carried out the high-altitude projectile was actually a minor under the age of 16.
"The police found the student in a school. After that, they questioned him in front of the guardians and school teachers." Zhu Liang said that on the night of the incident, the student was studying in a training institution on the 28th floor of the office building.
At that time, he made up his mind and threw a roll of toilet paper from the bathroom on the 28th floor, and then threw a package of A3 copy paper downstairs from the same position again.
It was this package of A3 copy paper thrown away for the second time that took Zhu Liang's mother's life.
"On June 9, the police informed me that since the suspect is a minor, it is impossible to file a case for the crime of endangering public safety by dangerous methods. However, for some details at the time of the incident, for example, the minor was carrying out high-altitude operations. Have you been instigated by others, etc., on June 10, we filed a criminal reconsideration." Zhu Liang said that since the incident, he has never met the minor and his family, and the other party has never met. An apology was made, but the willingness to pay 30,000 yuan of funeral expenses was conveyed through the police.
However, Zhu Liang and his family did not accept the 30,000 yuan funeral expenses.
According to a "Notice of Not Filing a Case" issued by the Shinan Branch of the Qingdao Public Security Bureau provided by Zhu Liang, the content shows: "The case of Han XX who filed a complaint on May 31, 2022 was endangered public safety by dangerous methods. The review found that because the criminal suspect is under the age of 16, he is not criminally responsible in accordance with the law, and according to the provisions of Article 16 of the Criminal Law of the People's Republic of China In accordance with the provisions of Article 12, it was decided not to file a case."
"The police have always attached great importance to this matter and are making every effort to carry out further investigations. The result of the criminal reconsideration will be issued soon. After getting the result, we will start preparing to file a civil lawsuit." Zhu Liang said.
never received an apology
Families hope tragedy never happens again
Recently, the reporter came to the training institution where the incident occurred. There was no one in the classroom. There was a mobile phone charger plugged into the power outlet at the door, and the power light of the printer next to it was on.
In the separated classrooms, there are some teaching utensils such as desks, chairs, benches, blackboards, books, etc. There is also written chemistry knowledge on the whiteboard of one classroom.
Later, the reporter went to the bathroom and found that there were two boxes of "A3 multi-purpose copy paper", two packs of toilet paper, an umbrella and some sundries.
There are two windows one meter away from the sink in the bathroom. Iron nets are erected on one side of the room, but there is a space about 10 cm wide and 30 cm long in the middle of one of the windows. After trying, the reporter found that, Hands are free to stick out the window.
"I don't know whether this training institution is still in operation, and I don't know about the high-altitude parabola," said a staff member of a nearby company.
On the first floor of the office building, a staff member said that he had been off work on the night of the incident. He heard that something had happened the next day, but it was not clear what happened.
Subsequently, the reporter tried to contact the family of the minor involved, but was unable to get in touch with the other party.
In response to what happened to Zhu Liang's mother, the reporter learned from the police that because the criminal suspect is a minor under the age of 16, according to the provisions of my country's Criminal Law and Criminal Procedure Law, he is not criminally responsible and will not file a criminal case. Now the matter has been transferred. for civil litigation.
Since the parties have not apologized, this made Zhu Liang more angry.
As a family member of the victim, he also hopes that the tragedy that happened in his own family can arouse the society's attention to high-altitude parabolas.
In fact, bloodsheds caused by high-altitude parabolas and falling objects are not uncommon. In order to effectively curb the behavior of high-altitude parabolas and high-altitude falling objects, on March 1, 2021, the crime of high-altitude parabolas was officially sentenced.
According to the "Criminal Law of the People's Republic of China", throwing objects from buildings or other high altitudes, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also or only be fined.
Those who commit the acts in the preceding paragraph and at the same time constitute other crimes shall be punished in accordance with the provisions of heavier punishment.
As for objects falling from heights, according to the relevant provisions of the Civil Code of the People's Republic of China, if buildings, structures or other facilities and their resting and hanging objects fall off or cause damage to others, the owner, manager or user cannot prove himself or herself. If there is no fault, it shall bear tort liability.
After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to claim compensation from other responsible persons.
Reporter Zhang Guotong Li Ziqiang Jing New Year