The motorcycle was overturned and damaged by the "provoking" old man
The car owner insists on pursuing criminal responsibility, and the case will open in court next week
In June this year, Mr. Chen, who lives in Shanghai, parked his motorcycle in the community and was deliberately pushed down by an old man and damaged. The video aroused widespread concern on the Internet.
The Ziniu News reporter learned that after the incident, it was identified that the loss of the motorcycle was as high as more than 16,000 yuan. The old man was identified as a person with limited behavioral capacity, and his guardian was his son.
Mr. Chen learned that the old man had deliberately damaged other people's property many times, but nothing happened. This time, his son has been avoiding him after the incident. He decided to use the law to solve this problem.
The police filed the case in August, and the prosecutor's office has filed a lawsuit. The case will start on December 2.
On November 25, Mr. Chen said in an interview with the Ziniu News reporter of the Yangtze Evening News that the time and energy he spent on this matter far exceeded the loss of the motorcycle, and he also suffered a lot of mental pressure. He shouldn't be so serious, it's not worth it, "I am so persistent and persistent in this matter, I just want to protect my rights and let the law give me justice."
Ziniu News reporter Liu Liu
Ziniu News trainee reporter Xu Shaoda
1
A motorcycle worth 60,000 was pushed over
Surveillance found that an old man did it on purpose
On June 25 this year, 24-year-old Mr. Chen moved to a community in Caolu Town, Pudong New Area, Shanghai. In just a few hours, his car was damaged.
"It was after four o'clock in the afternoon. I followed the moving team to the community, parked my motorcycle in the electric car and motorcycle parking area downstairs, and went upstairs to pack my things." Mr. Chen recalled, "Around six or seven o'clock in the evening, I looked down through the window and saw my motorcycle had fallen to the ground."
The model of Mr. Chen's motorcycle is KTM-rc390, and the landing price is about 60,000 yuan. The motorcycle weighs more than 100 kilograms, and it is difficult to fall to the ground without a strong collision.
The next day, Mr. Chen and the property management team called the community surveillance, and were surprised to find that it was done by an old man passing by.
According to the surveillance video provided by Mr. Chen, at 17:56 on June 25, an elderly man with a red bag in his left hand staggered past. After noticing Mr. Chen's motorcycle, he slowly got on and pushed the motorcycle down. , and then leave.
Community residents said similar incidents had occurred more than once.
"They said that the old lady overturned the electric car parked downstairs in the community, and once even smashed the car parked in the parking space with a brick." Mr. Chen said that the old man often caused troubles and triggered police incidents many times, but There is nothing they can do about her.
2
After more than a month, the case was finally filed
The police characterized it as "picking quarrels and provoking troubles"
Mr. Chen recalled that on the day he saw the surveillance, he called the police. "Someone advised me that the old man was old and it would be difficult to hold him accountable. They also told me that the old man's mental condition was unstable, so they advised me to forget it, but I didn't want to do that. After all, someone has to be responsible for this.”
The police conducted a psychiatric appraisal on the old man on August 3. The result of the psychiatric appraisal was that he suffered from an organic mental disorder and his behavioral capacity was limited, but he had the ability to limit criminal responsibility and the ability to stand trial.
On August 9, the police opened a case for investigation and characterized it as picking quarrels and provoking trouble.
Mr. Chen also learned that the police have been contacting the guardian of the old man, but the guardian has been refusing to show up, and he did not show up to deal with it even after the police called him.
"The old man has a son, but I haven't been in touch with him. I haven't received any apology, or someone came to negotiate with me to deal with the matter. The attitude of the other party is just unwilling to take care of it."
3
Cancellation after filing a civil lawsuit
The prosecutor's office has charged and will start the trial next week
After the incident, the motorcycle 4S shop gave a fixed damage amount of more than 7,000 yuan, "including damage to brake handles, foot brakes, exhaust pipes and other parts. This place still needs further dismantling of the car to be appraised." Mr. Chen said that the appraisal given by the Judicial Appraisal Bureau in Pudong was more than 4,000 yuan, and he disagreed with this.
Later, he went to the 4S shop again with the staff of the price department and the judicial appraisal center. The other party confirmed that all the maintenance costs would need more than 16,000 yuan, and the final judicial appraisal price was more than 9,000 yuan. "The police told me that this price is used for sentencing Yes, not the amount of civil compensation. It took about two months from my first damage assessment on July 1 to the second assessment in September."
After the incident, Mr. Chen won the support of many netizens. A lawyer from Shanxi approached him and said that he is also a motorcycle enthusiast, hoping to help him get justice.
"He helped me answer a lot of legal questions, including the drafting of my lawsuit." Mr. Chen initially initiated a civil lawsuit. After the police filed the case, the court revoked the lawsuit and refunded the legal fees. Criminal proceedings will be initiated by the Public Prosecutor's Office.
"On October 21, the case was transferred by the public security organ to the procuratorate. After questioning the old man, the procuratorate filed a public prosecution in the court. The court told me yesterday that the case will be heard on December 2." Mr. Chen said, regardless Whatever the verdict, he hoped that the old man would be punished as he deserved.
4
He was under a lot of mental pressure and was forced to move out of the community
Insist on pursuing accountability only to seek justice
Mr. Chen told reporters that in the nearly six months after the incident, he was under tremendous mental pressure. "During the period, some neighbors and property owners in the community advised me not to be serious with this old man, but I am also thinking about it. Since The old man has a guardian, why he has been evading his responsibility is also an important reason why I insist on solving this matter under the framework of the legal system."
In addition, because this matter has attracted the attention of public opinion, there are also some different voices, and Mr. Chen is under great psychological pressure.
At the same time, because the old man lived in the same building as him, he could see the old man standing on the stairs a little later after get off work after the incident. He was afraid of causing trouble and it would be difficult to deal with, so he moved out of the community after half a month and now lives in A place far away.
"My current rights protection cost has far exceeded the loss of motorcycles, the time cost of leave, salary, and the cost of taking a taxi for appraisal, etc., and I have lost at least 10,000 to 20,000. Only the compensation for the car damage price was mentioned.” Mr. Chen said: “I am more concerned about how the law will judge the elderly after breaking the law. Things have developed to the present, and I feel that I am no longer representing my personal interests. It’s the interests of all the victims behind similar incidents.” He hopes that after the final verdict of this matter comes out, more people can be reminded that if their property suffers, they can bravely take up legal weapons to protect their legitimate rights and interests.
Mr. Chen said that although the whole matter is not complicated, most people may not have the time and energy to toss it back and forth if they encounter a similar situation, and it will make similar things go away.
"I am so persistent in this matter, not because I want to get much compensation, but because more people can see that the law will give me justice."
Ding Jinkun, a lawyer from Shanghai Dabang Law Firm, said that in this case, according to Article 1188 of the Civil Code, if a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability .
If the guardian has fulfilled his duty of guardianship, his tort liability may be mitigated.
If a person without civil capacity or with limited capacity for civil conduct causes damage to others, the compensation fee shall be paid from his own property; the guardian shall make compensation for the shortfall.
Therefore, in this case, the compensation should be paid from the old man's own property first, and the guardian should bear the insufficient amount.
If the elderly and guardians refuse to pay, they can apply to the court for enforcement.
Chen Mei, a lawyer from Jiangsu Huacai Law Firm, said that according to Article 18 of the Criminal Law, if a mentally ill person causes harmful results when he cannot recognize or control his behavior, if it is confirmed by legal procedures, he shall not bear criminal responsibility, but he should be ordered to do so. The family members or guardians of the victims will be under strict supervision and medical treatment; when necessary, the government will provide compulsory medical treatment.
Intermittent mental patients who commit crimes when their minds are normal should bear criminal responsibility.
A mentally ill person who has not completely lost the ability to identify or control his own behavior commits a crime shall bear criminal responsibility, but may be given a lighter or mitigated punishment.
Therefore, the suspect should bear criminal responsibility, but can be given a lighter or mitigated punishment.
In this case, both criminal liability and civil liability should be borne. On the basis of the criminal liability of the suspect, the victim filed an incidental civil lawsuit to limit the civil capacity for the direct loss caused by the infringement and the loss of work delay and transportation expenses caused by the protection of rights and interests. The person himself and his guardian claim compensation for the loss.