According to the case, the case of negligence causing death-it was all caused by walking the dog.
Published:
2022-05-14
Brief of the case One day Xiao Wang was walking his dog near his home when Lao Zhang was walking his dog here. Lao Zhang's dog barked at Xiao Wang's dog. Xiao Wang's dog ran over without a leash. Lao Zhang picked up his dog, insulted Xiao Wang and kicked Xiao Wang's dog. when Xiao Wang saw that his dog was kicked, he hurried over to stop Lao Zhang from kicking and scolded each other with Lao Zhang. then the two fought together. After passers-by called the police, the police rushed to the scene and took Xiao Wang and Lao Zhang to the public security bureau. The police handling the case separately questioned the two people who quarreled. When questioning Lao Zhang, Lao Zhang felt heart discomfort, and the police handling the case immediately contacted the hospital emergency center. Soon the ambulance from the emergency center arrived at the Public Security Bureau and sent Lao Zhang to the hospital for treatment. Later, Lao Zhang died after being rescued by the hospital. According to forensic identification, Lao Zhang died of acute coronary atherosclerotic heart disease under the action of mental and psychological factors such as quarrel, emotional excitement or excessive fatigue. Focus question: The quarrel and minor violence between Xiao Wang and Lao Zhang caused by walking the dog induced Lao Zhang's own disease and led to Lao Zhang's death. Is Lao Zhang's death an accident or a criminal case? Law Popularization Small Classroom Article 16 of my country's "Criminal Law" stipulates: "Although the act objectively caused damage, it was not caused by intention or negligence, but by irresistible or unforeseeable reasons, and it is not a crime." The article of the law is called "force majeure" and "accident" in criminal law theory ". The accident in criminal law refers to that the specific behavior of the actor has objectively led to the corresponding damage consequences, which has reached the level that must be regulated by criminal law. However, the damage consequences are not caused by the fault or intention of the actor, so the actor does not bear criminal responsibility. Article 233 of the the People's Republic of China Criminal Law stipulates that anyone who causes death through negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. Where this Law provides otherwise, the provisions shall prevail. The crime of negligence causing death refers to the act of the result of the death of another person caused by the negligence of the perpetrator. Negligence causing death often occurs in the real society. It is a type of case that endangers personal rights with a high incidence. It includes not only the implementation of acts that should not be true, resulting in negligent death, but also the failure to implement the obligation. Acts, resulting in negligent death. To constitute this crime, it must be the actual result of the death of another person, and the result of no death does not constitute this crime. The core part of the cognizance of the crime of negligence causing death is the cognizance of negligence and causality. Negligence includes negligence and overconfidence. Causality in criminal law refers to the relationship between the perpetrator's harmful behavior and the harmful consequences. Harmful behavior is the cause, and the harmful consequence is the result. The causal relationship between the perpetrator's harmful behavior and the harmful result is the objective basis for determining whether the perpetrator should bear criminal responsibility. If the harmful consequence is caused by the perpetrator's harmful behavior, and the perpetrator is subjectively guilty, the perpetrator should bear criminal responsibility, otherwise, he should not bear criminal responsibility. In principle, only when the perpetrator's harmful behavior has a causal effect on the occurrence of the harmful result, the question between the harmful behavior and the harmful consequence has a causal relationship in criminal law. If the perpetrator's behavior is influenced by external conditions and produces harmful results, if the external conditions play a decisive role (the main cause force), the perpetrator shall generally not be held criminally responsible for the harmful consequences caused by the external conditions. Case analysis In this case, Xiao Wang quarreled and clashed with Lao Zhang over trivial matters, which objectively resulted in the death of Lao Zhang. According to forensic identification, the quarrel and physical conflict in this case were only the cause of Lao Zhang's death, and the root cause of Lao Zhang's death was his own disease. However, it is undeniable that it is precisely because Xiao Wang and Lao Zhang's fighting and abusive behavior that Lao Zhang's body has an emergency response, leading to the death of acute cardiac dysfunction, not Lao Zhang's own cause of death. Therefore, Xiao Wang's abuse and beatings are necessary conditions for the occurrence of Lao Zhang's death. The former has a causal effect on the occurrence of the latter, and there is a legal causal relationship between the two. Regarding Xiao Wang's suggestion that there is no causal relationship between his behavior and the result of Lao Zhang's death, it cannot be ruled out that the police handling the case asked Lao Zhang about improper behavior and Lao Zhang's death due to personal reasons in the hospital. After investigation, Xiao Wang quarreled with Lao Zhang and had a physical conflict, the police asked both parties, and Lao Zhang was admitted to the hospital for medical treatment, which was the main event before Lao Zhang's death. The former is the cause of subsequent events. In this case, there is no evidence to prove that the police handled the improper case handling behavior of both parties, as well as whether Lao Zhang was angry and delayed treatment when he was admitted to the hospital, which can separately establish the cause of Lao Zhang's coronary atherosclerotic heart attack. In addition, from the subjective point of view, although Xiao Wang and Lao Zhang had beaten each other and abused each other, from the point of view of the position and intensity of Xiao Wang's attack on Lao Zhang, his behavior is a general beating behavior, not an intentional injury behavior intended to cause damage to other people's body organs. Therefore, it is not appropriate to determine that Xiao Wang has subjective intention to cause damage to other people's body organs. Therefore, Xiao Wang's behavior does not constitute the crime of intentional injury. Xiao Wang (28 years old), as a mentally sound and physically strong adult, should have foreseen the risk of injury or death caused by the act of fighting with Lao Zhang (65 years old), but his subjective negligence did not foresee, in the end, it objectively led to Lao Zhang's "death from acute coronary atherosclerotic heart disease under the action of mental and psychological factors such as quarrels, emotional excitement, or excessive fatigue". Based on this, Xiao Wang and Lao Zhang quarreled and had physical conflicts. The degree of injury was minor and could not be fatal. However, Lao Zhang suffered from coronary atherosclerotic heart disease and the degree of disease was severe. The disease was in the form of quarrels, emotional excitement and other mental and psychological factors. Or the result of excessive fatigue and other incentives, the crime of negligence causing death is accurate. Referee result The court held that Xiao Wang's behavior constituted the crime of negligence causing death, and was sentenced to one year and six months in prison, and compensated Lao Zhang's close relatives for the corresponding economic losses. Warm Tips For a moment, fist and fist, regret a lifetime of annoyance. In daily life, quarrels and even minor tearing and pushing behaviors are common. People are used to thinking that quarrels are not illegal, tearing and pushing are not crimes. In fact, this view is wrong. In this case, a dispute was caused by walking the dog. Both Xiao Wang and Lao Zhang could not correctly handle the minor conflicts in their lives. They intended to solve the problem through quarrels and fights. As a result, one person died of a heart attack after the quarrel and the other was sentenced. This case may give the world a reminder: When encountering conflicts, remember to keep a clear head and use rational methods and reasonable ways to solve problems.
Brief of the case
One day Xiao Wang was walking his dog near his home when Lao Zhang was walking his dog here. Lao Zhang's dog barked at Xiao Wang's dog. Xiao Wang's dog ran over without a leash. Lao Zhang picked up his dog, insulted Xiao Wang and kicked Xiao Wang's dog. when Xiao Wang saw that his dog was kicked, he hurried over to stop Lao Zhang from kicking and scolded each other with Lao Zhang. then the two fought together. After passers-by called the police, the police rushed to the scene and took Xiao Wang and Lao Zhang to the public security bureau. The police handling the case separately questioned the two people who quarreled. When questioning Lao Zhang, Lao Zhang felt heart discomfort, and the police handling the case immediately contacted the hospital emergency center. Soon the ambulance from the emergency center arrived at the Public Security Bureau and sent Lao Zhang to the hospital for treatment. Later, Lao Zhang died after being rescued by the hospital. According to forensic identification, Lao Zhang died of acute coronary atherosclerotic heart disease under the action of mental and psychological factors such as quarrel, emotional excitement or excessive fatigue.
Focus Questions:The quarrel and minor violence between Xiao Wang and Lao Zhang caused by walking the dog induced Lao Zhang's own disease and led to Lao Zhang's death. Is Lao Zhang's death an accident or a criminal case?
Law Popularization Small Classroom
Article 16 of my country's "Criminal Law" stipulates: "Although the act objectively caused damage, it was not caused by intention or negligence, but by irresistible or unforeseeable reasons, and it is not a crime." The article of the law is called "force majeure" and "accident" in criminal law theory ". The accident in criminal law refers to that the specific behavior of the actor has objectively led to the corresponding damage consequences, which has reached the level that must be regulated by criminal law. However, the damage consequences are not caused by the fault or intention of the actor, so the actor does not bear criminal responsibility.
Article 233 of the the People's Republic of China Criminal Law stipulates that anyone who causes death through negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. Where this Law provides otherwise, the provisions shall prevail.
The crime of negligence causing death refers to the act of the result of the death of another person caused by the negligence of the perpetrator. Negligence causing death often occurs in the real society. It is a type of case that endangers personal rights with a high incidence. It includes not only the implementation of acts that should not be true, resulting in negligent death, but also the failure to implement the obligation. Acts, resulting in negligent death. To constitute this crime, it must be the actual result of the death of another person, and the result of no death does not constitute this crime. On the determination of the crime of negligence causing death,The core part is the identification of negligence and causality.Negligence includes negligence and overconfidence.
Causality in criminal law refers to the relationship between the perpetrator's harmful behavior and the harmful consequences. Harmful behavior is the cause, and the harmful consequence is the result. The causal relationship between the perpetrator's harmful behavior and the harmful result is the objective basis for determining whether the perpetrator should bear criminal responsibility. If the harmful consequence is caused by the perpetrator's harmful behavior, and the perpetrator is subjectively guilty, the perpetrator should bear criminal responsibility, otherwise, he should not bear criminal responsibility. In principle, only when the perpetrator's harmful behavior has a causal effect on the occurrence of the harmful result, the question between the harmful behavior and the harmful consequence has a causal relationship in criminal law. If the perpetrator's behavior is influenced by external conditions and produces harmful results, if the external conditions play a decisive role (the main cause force), the perpetrator shall generally not be held criminally responsible for the harmful consequences caused by the external conditions.
Case analysis
In this case, Xiao Wang quarreled and clashed with Lao Zhang over trivial matters, which objectively resulted in the death of Lao Zhang. According to forensic identification, the quarrel and physical conflict in this case were only the cause of Lao Zhang's death, and the root cause of Lao Zhang's death was his own disease. However, it is undeniable that it is precisely because Xiao Wang and Lao Zhang's fighting and abusive behavior that Lao Zhang's body has an emergency response, leading to the death of acute cardiac dysfunction, not Lao Zhang's own cause of death. Therefore, Xiao Wang's abuse and beatings are necessary conditions for the occurrence of Lao Zhang's death. The former has a causal effect on the occurrence of the latter, and there is a legal causal relationship between the two.
Regarding Xiao Wang's suggestion that there is no causal relationship between his behavior and the result of Lao Zhang's death, it cannot be ruled out that the police handling the case asked Lao Zhang about improper behavior and Lao Zhang's death due to personal reasons in the hospital. After investigation, Xiao Wang quarreled with Lao Zhang and had a physical conflict, the police asked both parties, and Lao Zhang was admitted to the hospital for medical treatment, which was the main event before Lao Zhang's death. The former is the cause of subsequent events. In this case, there is no evidence to prove that the police handled the improper case handling behavior of both parties, as well as whether Lao Zhang was angry and delayed treatment when he was admitted to the hospital, which can separately establish the cause of Lao Zhang's coronary atherosclerotic heart attack.
In addition, from the subjective point of view, although Xiao Wang and Lao Zhang had beaten each other and abused each other, from the point of view of the position and intensity of Xiao Wang's attack on Lao Zhang, his behavior is a general beating behavior, not an intentional injury behavior intended to cause damage to other people's body organs. Therefore, it is not appropriate to determine that Xiao Wang has subjective intention to cause damage to other people's body organs. Therefore, Xiao Wang's behavior does not constitute the crime of intentional injury. Xiao Wang (28 years old), as a mentally sound and physically strong adult, should have foreseen the risk of injury or death caused by the act of fighting with Lao Zhang (65 years old), but his subjective negligence did not foresee, in the end, it objectively led to Lao Zhang's "death from acute coronary atherosclerotic heart disease under the action of mental and psychological factors such as quarrels, emotional excitement, or excessive fatigue".
Based on this, Xiao Wang and Lao Zhang quarreled and had physical conflicts. The degree of injury was minor and could not be fatal. However, Lao Zhang suffered from coronary atherosclerotic heart disease and the degree of disease was severe. The disease was in the form of quarrels, emotional excitement and other mental and psychological factors. Or the result of excessive fatigue and other incentives, the crime of negligence causing death is accurate.
Referee result
The court held that Xiao Wang's behavior constituted the crime of negligence causing death, and was sentenced to one year and six months in prison, and compensated Lao Zhang's close relatives for the corresponding economic losses.
Warm Tips
For a moment, fist and fist, regret a lifetime of annoyance. In daily life, quarrels and even minor tearing and pushing behaviors are common. People are used to thinking that quarrels are not illegal, tearing and pushing are not crimes. In fact, this view is wrong. In this case, a dispute was caused by walking the dog. Both Xiao Wang and Lao Zhang could not correctly handle the minor conflicts in their lives. They intended to solve the problem through quarrels and fights. As a result, one person died of a heart attack after the quarrel and the other was sentenced. This case may give the world a reminder: When encountering conflicts, remember to keep a clear head and use rational methods and reasonable ways to solve problems.
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