Cui Mou, a 67-year-old man from Henan, came to the residence of the woman Luo Mou in Shunhe Street to prostitute himself, but suddenly died of illness, and then Luo Mou and Xu Mou transported Cui Mou's body to the province by electric tricycle

Cui Mou, a 67-year-old man from Henan, came to the residence of the woman Luo Mou in Shunhe Street to prostitute, but suddenly died of illness, and then Luo Mou and Xu Mou transported Cui Mou's body to the side of the provincial road with an electric tricycle and discarded it, and then was found by passers-by to call the police, after identification, the deceased Cui Mou caused emotional agitation and excitement due to certain factors to induce an acute attack of coronary atherosclerotic heart disease, resulting in sudden cardiac death.

Subsequently, the police arrested the two people, because they were afraid of being punished and claimed by their families, so they discarded Cui's body, and at present, the two have been sentenced to six months in prison by the court for insulting the corpse.

#大兵叔叔说法 #

The fear of taking responsibility for discarding the remains of the victims ended up taking on heavier legal responsibilities.

In itself, if Cui and Luo engage in prostitution, they will be punished by article 66 of the Public Security Administration Punishment Law, that is, if they engage in prostitution, they will be punished with up to 15 days of administrative detention and a fine of up to 5,000 yuan.

If the victim dies due to his own illness, then in this process, Luo Mou dialed the 120 emergency telephone in time, then in itself, he also fulfilled the duty of care, and there will be no other legal responsibility.

However, Luo Mou, because of the fear of being dealt with, colluded with others to discard Cui Mou's body next to the national road, then this behavior not only disturbed social public order and violated the personal dignity of the deceased, but also hurt the feelings of the deceased's relatives and friends, so there was no doubt about his conviction and punishment according to the crime of insulting the corpse.

According to article 302 of the Criminal Law, they will face a penalty of imprisonment of up to 3 years, criminal detention or public surveillance, and the two will eventually be sentenced to 6 months in prison by the court, which is actually the lowest sentence according to the sentence of fixed-term imprisonment.

From 15 days of administrative detention to 6 months in prison, this gap is not inconspicuous, and it has been upgraded from administrative punishment to criminal punishment, which has different consequences.

Of course, at the civil level, does Luo have liability for compensation?

This depends on whether Cui's death Luo is at fault, for which the Civil Code stipulates that managers of public places such as hotels, shopping malls, banks, stations, entertainment venues, or organizers of mass activities, who fail to fulfill their obligations to ensure safety and cause damage to others, should bear tort liability.

However, the premise of the law is that such places are places of legal consumption, and in this case, the act of prostitution is an illegal act prohibited by law, not a normal and legal consumption behavior, coupled with the death of the victim due to his own reasons, it is difficult to determine that Luo and others are at fault, or have the obligation to ensure safety, so it is difficult to obtain civil compensation.

What is your view on this case?

#普法行动 #

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