China News Service, April 22, according to the highest inspection website, in recent years, there have been many cases of casualties due to theft and destruction of manhole covers, endangering public safety and the safety of people's lives and property. In order to implement the "Guiding Opinions on Handling Criminal Cases Related to Manhole Covers" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security, targeted case guidance is provided, and the role of case warning education is played. Among the criminal cases involving manhole covers, 5 typical cases were selected and published.
1. Case of Wu Moumou destroying traffic facilities
Basic case: In August 2011, the defendant Wu Moumou and his girlfriend Guo Mou (handled in another case) drove a van that blocked the number plate and stole 7 highways at the source vortex section of Dongyu Highway in Jinzhong City, Shanxi Province. In the middle of the manhole cover, the traffic police patrolled and asked them to stop for inspection, and Wu and Mou drove away. On the way, Guo Mou wanted to take the opportunity to discard the manhole cover, was captured on the spot, Wu Moumou escaped. Hou Wumou surrendered himself to the public security organ. Wu Moumou has statutory light punishment plots such as surrender and meritorious service. In April 2014, Wu Moumou was sentenced to two years in prison for the crime of destroying traffic facilities.
Case warning: The manhole cover on the highway is an integral part of the transportation facilities. If there is a defect or damage, the motor vehicle is not easy to find during driving, and it is very dangerous. Theft or destruction of manhole covers on highways is sufficient to overturn or destroy vehicles, and shall be convicted and punished in accordance with the crime of destroying traffic facilities provided for in Article 117 of the Criminal Law.
2. Gu Moumou endangers public safety by dangerous methods, Chen Moujia and Chen Mou cover up and conceal criminal proceeds
Basic case: In September 2013, the defendant Gu Moumou drove a van and carried tools such as T-hooks to steal 57 manhole covers (valued at RMB 23646) on multiple pedestrian streets in Xiangzhou District, Zhuhai City, Guangdong Province. The price of Yuan is sold to Chen Moujia, who operates a waste purchase station in Tanzhou Town, Zhongshan City, Guangdong Province. The defendant Chen Moujia sold the acquired manhole cover to Chen Mouyi of a waste material recycling company in Zhongshan City at a price of 0.8 yuan per catty. In December 2013, Gu Moumou was sentenced to four years ’imprisonment for the crime of endangering public safety by dangerous methods. Chen Moujia and Chen Moub were convicted of covering up and concealing the proceeds of crime. In 2000, the fine was 8,000 yuan.
Case warning: Manhole cover is an important public infrastructure and plays an important role in the daily lives of residents. Due to the lack of manhole covers, incidents of casualties have occurred from time to time. The perpetrator knows that there may be harmful consequences of personal casualties, and theft of manhole covers in public places with heavy traffic threatens the personal safety of an unspecified majority, and his behavior is in line with the constituent elements of the crime of endangering public safety by dangerous methods, and should be in accordance with the criminal law. Article 114 Conviction and punishment. The manhole cover is a special item, and there are special provisions for the recovery of such items. In this case, the two defendants knew that the recovered items were purchased and sold for theft, and their conduct violated the provisions of Article 312 of the Criminal Law, which constituted a cover-up 3. Crime of concealing proceeds of crime.
3. Case of Jiang Moumou's negligence causing death
Basic case: In May 2017, Jiang Moumou, a resident and defendant of Longhua County, Hebei Province, opened the manhole cover outside his door because he wanted to drain sewer sewage. He did not set up a warning sign and looked for someone to return to his home. Later, his neighbor Liu found that his child, Fang Moumou (2 years old) was missing. After many searches, Fang Moumou was found in the manhole opened by Jiang Moumou. After being salvaged, Fang Moumou died after rescue and was identified. Department of drowning. Jiang Moumou pleaded guilty to guilt, and actively compensated, obtaining the understanding of the victim's family. In January 2018, Jiang Moumou was convicted of negligent death and sentenced to three years in prison and four years suspended.
Case warning: Unauthorized removal of the manhole cover should predict the consequences of possible casualties. Failure to foresee due to negligence and causing serious injury or death to others is a negligent crime. In this case, Jiang Moumou did not intentionally cause casualties, but he unauthorizedly removed the manhole cover at the door of the house, and he foresees that there may be harmful consequences without foreseeing, causing children to fall into the well and drown. It should be punished in accordance with Article 233 of the Criminal Law.
Fourth, Zhou Moumou theft
Basic case: In May 2018, the defendant Zhou Moumou went to the underground garage of a square in Suzhou Industrial Park, Suzhou City, Jiangsu Province, and stole 13 manhole covers (worth RMB 946.4) laid by a property company in the garage three times. In December 2018, Zhou Moumou was guilty of theft and was sentenced to two months of detention with a fine of RMB 1,000.
Case warning: In this case, the manhole cover stolen by the defendant was located in the underground garage of the commercial square. The garage had a limited speed requirement (5 km / h), and the vehicle was unlikely to overturn or be destroyed. The underground garage is not a place with dense crowd flow, and the lack of manhole cover is not enough to endanger public safety. However, the defendant's repeated theft should be convicted and punished in accordance with Article 264 of the Criminal Law.
V. Zhang Moumou neglected his duty
Basic case: The defendant Zhang Moumou is the person in charge of the Engineering Construction Headquarters of a Transportation Bureau in Jinan City, Shandong Province, and is responsible for the construction quality of Jinan Airport Road. After the airport road was opened to traffic, Zhang Moumou knew that there was a missing or damaged manhole cover on the airport road. Many citizens complained, but he did not perform his duties seriously, did not investigate the missing manhole cover and repaired it in a timely manner, resulting in major road sections. Security risks. In September 2015, Liu Moujia drove an electric two-wheeled vehicle and fell into a manhole on the airport road and fell to his death. After the case, Zhang Moumou actively compensated for the loss and pleaded guilty. In June 2018, Zhang Moumou was convicted of negligence of duty and was exempted from criminal punishment.
Case warning: Departments and personnel who have management and maintenance responsibilities for manhole covers must effectively take responsibility for management and maintain the "security under the feet" of the people. The defendant in this case knew that there was a problem of missing or damaged manhole covers on the road section he was responsible for, but he neglected to perform his duties, resulting in a fatal accident, and he should be investigated for criminal responsibility in accordance with Article 397 of the Criminal Law.