<h2>Original: He has been reckless </h2>
After the Harbin Intermediate People's Court pronounced the verdict on the murder of Qu Yuquan, a people's policeman, it caused an uproar, especially the public security cadres and policemen, who expressed strong indignation at the verdict.
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The police were killed, and the five defendants were sentenced to 13 years in the heaviest sentence and 6 years in the lightest. There is no doubt that such wording is difficult not to let people shoot the case.
People have the same heart, and their hearts share this reason. I also hope that every hero's tears, every hero's bloodshed, every hero's sacrifice, will not be disappointed, we all hope that justice will shine on the earth, and evil will be nowhere to hide.
It is precisely because of this that every one of us, whether it is a public security cadre or a legal person, or a melon-eating masses, has paid great attention to the Qu Yuquan case.
In this storm, the public security cadres and policemen can be described as a group of excitement. It is understandable that, after all, the brothers in robes, how can they not shout, do not shout. As a public security officer said: If I don't speak up, how will I be a brother in the future?
As the Book of Verses. Qin Feng sang:
Are you shirtless? Robe with the Son.
Are you shirtless? With the son of the same ze.
Are you shirtless? Dress with the Son.
People are not grass and trees, but they can be ruthless. Just as I saw judges being scolded and beaten, I also called for severe punishment and lamented why China is not guilty of contempt of court.
The result of the verdict of the Qu Yuquan case has caused such a big wave, which is by no means a shallow issue of whether the case is fair or not, but more of a collective catharsis and shouting of the public security cadres and police on the long-standing situation of no authority in law enforcement, when the police group is struggling again and again on the helpless edge of flexible law enforcement, and when it is time and again framed in the despicable trap of "the police beat people", it is difficult for the heroic group of the police not to be angry.
At present, our law does not set up the crime of assaulting the police, which directly leads to the damage to the authority of the police group in law enforcement, and also allows the police to punish the perpetrators more strictly than expected when they are attacked.
Because there is no assault on the police, the act of attacking and beating the police officer is generally punished as a crime of obstruction of public service, but the maximum sentence for the crime of obstructing public service is only three years. In order to show strictness, the Criminal Law stipulates a heavier punishment for attacking the police in the crime of obstructing public service, but the heavier punishment is only three years, which is not as good as the crime of picking quarrels and provoking trouble applicable to attacking ordinary people, which can be sentenced to five years in prison. If the assault on the police is more violent and causes greater injury, it can only be sentenced as intentional injury and intentional homicide. Such an ordinary crime obviously makes it difficult to highlight the difference between beating a policeman and beating an ordinary person.
In fact, Chinese legal experts have also proposed that the crime of "attacking the police" be included in the Criminal Law but has not been passed.
There is a passage on the Internet about the consequences of attacks on the police in various countries, which shows that it is not easy for the people's police to move forward with heavy loads.
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Back to the Qu Yuquan case itself, Qu Yuquan gave up the good time of his family members on the night of Chinese New Year's Eve, the day when the lights of the ten thousand families were lit, and was beaten by five gangsters on duty, causing a heart attack and death, and the five gangsters were sentenced to 13 years in prison. Moreover, according to the principle of no increase in sentence on appeal, the defendant appealed, and the second instance trial of the Intermediate Court could not increase his punishment. Unless the procuratorate protests or the court of second instance remands for a new trial, the district court submits a report to a higher court for trial on the grounds of lack of jurisdiction.
Therefore, the verdict in the Qu Yuquan case was determined to be in the district court when it was first decided that the first instance was in the district court.
The special feature of this case is that Officer Qu died of coronary heart disease during the beating of five gangsters, not by violence.
Officer Qu suffered from coronary heart disease and died as a result of the beating, so should the five defendants bear full criminal responsibility for Judge Qu's sacrifice?
Abroad, there is an eggshell head rule, which was created in 1939 by Judge Mackennon of The United Kingdom.
In his decision in one case, Judge Mackennon noted: "A person who has committed a fault with another person should not take into account the personal characteristics of his victim, although this personal character of the victim increases the likelihood and extent of his injury." In the case of a claim for damages arising from a ruptured skull of the victim, the unusually libitiousness of the victim's skull cannot be a defence".
According to Professor Zhang Mingkai's point of view, the specific constitution cannot block the causal relationship between behavior and outcome, but the specific conditions that have been determined at the time of behavior. Therefore, due to the special constitution of the victim, if the perpetrator commits violence that is not sufficient to cause death under normal circumstances, resulting in the death of the victim, the causal relationship should also be affirmed. As to whether the perpetrator knew or should have foreseen that the victim had a disease or had a special constitution, it is only a question of whether there is intentional or negligent, and does not affect the judgment of causation.
Obviously, there is a causal relationship between the actions of the five gangsters beating Officer Qu and Officer Qu's actions, and the difference is whether the sacrifice of Officer Qu was intentional or negligent.
Knowing that one's own behavior will lead to the death of Officer Qu, and hoping that this result will occur, called direct intention, then it constitutes the crime of intentional homicide, knowing that one's own behavior will lead to the death of Officer Qu; and allowing this result to occur, which is called indirect intentionality, also constitutes intentional homicide.
In this case, from the above description of the case, the five gangsters could not foresee that Officer Qu had a heart attack, and their pushing, tearing, dragging, kicking, etc. would trigger the death of Officer Qu. And the forensic doctor determined that the qu police officer's multiple soft tissue injuries can be formed with bare hands (feet), ruling out the speculation that the Qu police officer was attacked by gangsters with bricks.
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Some people compare the case of Qu Police Officer's beating and death from heart disease with the Dalian Intermediate Court's sentencing of traffic police officer Shi Yingcai who was beaten by three thugs and died of coronary heart disease, the main offender Han Fangyi was sentenced to a suspended death sentence, and the two accomplices were sentenced to life imprisonment and 11 years in prison respectively. It is believed that the same case should be sentenced to at least two of the five gangsters in the case of Qu Police Officer's victimization, and the main offender should be sentenced to life imprisonment or more.
Just as there are no two identical leaves in the world, and there are no two identical cases, the so-called same case and the same judgment are itself a false proposition logically.
There is an essential difference between the case of Shi Yingcai of the Dalian Intermediate People's Court and the case of officer Qu's victimization.
In the case of Shi Yingcai, Officer Shi clearly told the gangsters that they had a heart attack, and at this time, the perpetrator Han Fangyi and others continued to beat and even chase Officer Shi, which is different from the subjective malignancy of officer Qu's murder that the five gangsters did not know that Officer Qu had a heart attack. And Officer Qu fell to the ground and died, according to the description of the verdict, because the five gangsters covered each other and fled the scene, And Officer Qu stopped him from falling to the ground without success, and then died after the rescue was ineffective. In the case of Officer Shi, the gangsters continued to carry out attack methods such as chasing and beating and hugging under the premise that Officer Shi clearly informed him that he had a heart attack, resulting in a heart attack and death.
Therefore, the two cases are different in terms of subjective malice, whether they are known or not, and have significant differences, and cannot be cited as similar cases.
Moreover, in the case of Officer Qu's victimization, it is difficult to determine who died because of the final attack that caused Officer Qu to have a heart attack, which will also benefit the sentencing of the five gangsters, which is an unavoidable fact.
Secondly, the case of Officer Qu, before entering the court, has already surged public opinion, in the face of such a case, it is impossible not to be cautious, but in this case, whether it is the public security, procuratorate, court, in fact, at the beginning of this case has a certain basic judgment, otherwise why the public security mainly around intentional injury to collect fixed evidence, and finally transferred to the procuratorate, why the procuratorate with intentional injury public prosecution to the district court, and after the first-instance or even second-instance court pronounced judgment, the procuratorate did not protest, The public security organs also did not consult with the procuratorate to protest. Instead, the five gangsters appealed one after another, protesting that the court's sentence was too heavy and the characterization was wrong, and they all believed that it was negligence that led to the death of Officer Qu, which should be regarded as negligence that caused death.
In the case of Qu Police Officer's victimization, the court directly sentenced more than 600,000 yuan in compensation in the criminal incidental civil case, in order to alleviate the litigation burden of the Qu police officer's family, you know, in the criminal incidental civil compensation, according to the regulations, it is not possible to directly sentence death compensation, but can only be sentenced to a limited number of tens of thousands of yuan such as funeral expenses, and death compensation should be sued separately through civil litigation.
Qu Yuquan's wife, Wang Lijing, said in an interview with reporters that she observed the first trial of the case, but did not go to the second trial. For the verdict, she was reluctant to comment on it, "I want to live quietly and normally with my daughter." She also did not ask the prosecutor's office to file a counter-prosecution.
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In the Qu Yuquan case, I understand the collective anger of the police, and I respect every good policeman who carries a heavy load. Personally, I also hope that any gangster who attacks the police will be severely punished! Punish! Severe punishment again! Only when the police have dignity can the people's lives be dignified. The police have dignity, and the same law enforcers as the police will also have dignity.
Unfortunately, in the current legal system, the judgment of the court of first and second instance for up to 13 years in prison is also a helpless move under the current legal system. The lonely arm of the judge cannot bear the death penalty or suspended death sentence of the five main criminals who have broken through the legal boundaries, and in the context of a frequent judge being held responsible, the judge himself is also a mud bodhisattva crossing the river, and it is difficult to protect himself.
Premier Zhou Enlai once said emotionally: The security of the country is in danger, and public security is half in it! In times of peace, the most sacrificed are public security officers.
Three thousand prosperous, ten thousand lights, no public security cadres and police to carry the weight forward, where the years come from are quiet. I hope that one day, the law can increase the number of crimes of attacking the police, so that every public security cadre and policeman who charges on the front line and fights in the front line can be more decent, more dignified, and more fearless.
I hope that every public security officer and police officer can return home safely every time he goes to work, so that his wife and children will not worry, and he will wait for no one for a long time, because on this cold night, their families are also afraid of the cold.
May every hero not be disappointed.
The article ends with the last two screenshots of Qu Yuquan's wife's open letter, paying her the highest respect!