"This court believes that Wang Qi's above-mentioned acts do not constitute a crime, and decided not to prosecute Wang Qi," said Wang Qi, who was released from detention for 457 days after driving to death in Sanmenxia, Henan Province, on September 30, 2021, when Wang Qi, 31, was detained for 457 days after driving to death drunks at the entrance of the garage.
<h1 class="pgc-h-arrow-right" data-track="28" > – Brief review of the case</h1>
At 0:40 on July 20, 2019, in the Hubin District of Sanmenxia, Henan, Li Moubin walked back to the community alone after getting drunk, and when he walked to the entrance of the underground garage of the community, he tripped over the railing that blocked the entry and exit of the vehicle and fell to the ground, and he fell asleep under the vehicle railing at the entrance of the garage.
At 0:50, 29-year-old Wang Qi drove his Land Rover SUV into the community, and when he turned left into the underground garage, he did not find Li Mou sleeping at the entrance of the garage, causing the vehicle to roll over Li Moubin's abdomen.
After the incident, the terrified Wang Qi quickly dialed 120 and 110 and waited at the scene. Li Moubin died of severe damage to his liver and spleen and was ineffective in hospital rescue.
On August 3, 2019, Wang Qi was approved for arrest. On September 29, 2019, Wang Qi was transferred for review and prosecution. During the period, it was returned to supplementary investigation once, and the review period was extended twice.
On October 19, 2020, Wang Qi was approved to be released on bail for trial. On September 30, 2021, the procuratorate made a decision not to prosecute on the grounds that the existing evidence was insufficient to determine that Wang Qi was guilty of causing death by negligence.
From his criminal detention on July 20, 2019, to his release on bail on October 19, 2020, Wang Qi was detained for a total of 457 days.
<h1 class="pgc-h-arrow-right" data-track="38" >-@Lawyer Liu talked
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This case is quite complex, involving both criminal and civil, involving both the crime of causing death by negligence, the crime of traffic accident, etc., as well as a series of compensation for personal injury, as well as judicial compensation of the state.
01 Whether Wang Qi is suspected of committing a crime
As far as the location of the incident occurred, it is a relatively closed underground garage entrance in the community, which does not belong to our usual sense of the road, and Wang Qi can first rule out the crime of traffic accident.
So is Wang Qi negligent about Li Moubin's death? If there is no fault at all, it is obviously contrary to common sense and human feelings.
After all, when the vehicle enters the garage, due to the obstruction of the vehicle entering and exiting the railing, usually there are electronic photographs, etc., the vehicle will slow down, in the case of slowing down and turning on the lights, if the driver is cautious enough, it is possible to find a person lying on the ground.
But at the same time, we should also note that the time of the case was 1 a.m., the place of occurrence was at the garage entrance, and the victim happened to lie under the vehicle railing at the garage entrance.
Through online information, we know that Wang Qi needs to turn left when entering the garage, and the entrance to the garage is generally a downhill, under the conditions at that time, whether it is based on usual experience, or the driver's line of sight, it is impossible to think of a person lying under the railing.
If you don't know in advance, even if you walk to the entrance of the garage, you may have difficulty finding a person lying under the railing.
We often say that "the law is not difficult for others", for the vast majority of ordinary people can not do under normal circumstances, we can not be harsh on Wang Qi, who is also an ordinary person, must do.
Therefore, after more than two years, the prosecution finally determined that "the existing evidence is insufficient to confirm that Wang Qi has a duty of care near the landing pole of the garage where he stumbled to the ground in the early morning of the same day because he was drunk, Wang Qi was subjectively not negligent, and his behavior did not constitute the crime of causing death by negligence, and decided not to prosecute him." ”
I quoted this passage from the prosecution in the original text. Although there are only less than 70 Chinese characters in a short period, it is extremely important for Wang Qi, and it can even be said that it is related to the happiness of life, and I believe that the procuratorial organs are also careful and cautious about this.
This decision not to prosecute must not only "negate" the public security organs' handling of the case, but also "negate" the procuratorial organs' own previous case handling, and also face the public's doubts and the reproach of the relatives of the deceased...
I really want to give a big thumbs up to the prosecutor who made this decision not to prosecute! As a legal person, I can really understand the difficulties involved.
02 Whether the case-handling personnel are held accountable
Since the decision not to prosecute was finally made, does it mean that the previous judicial personnel have handled unjust, false and wrongly decided cases and should be held accountable?
Personally, I feel that it should not be, because this case itself is very complicated, and there is also a large controversy, as long as the case-handling personnel are not subjectively at fault and objectively do not bend the law for personal gain, they should belong to the normal prudent handling of the case.
Procuratorial organs' decisions not to prosecute are generally divided into three types: statutory non-prosecution, discretionary non-prosecution, and insufficient evidence. Its legal effect is that the case is not referred to the people's court for trial, thereby terminating the criminal proceedings at the stage of review for prosecution.
Some netizens have determined that Wang Qi should be equivalent to acquittal, which can be understood in the concept of ordinary people. However, if legally speaking, whether a person is guilty or not can only be decided by the court through a judgment, but Wang Qi's case has not reached the court at all.
From another extreme point of view, if one day the public security organs really discover new and major ironclad evidence that proves that Wang Qi has committed major negligence, in theory, he can still be held legally responsible.
03 How to compensate the family of the deceased
Since Wang Qi did not pursue criminal responsibility because of insufficient evidence, did the family of the deceased still have civil damages? Personally, I think there are still some.
Even if it was an accident, it would not fall within the jurisdiction of road traffic law. However, according to article 77 of the Road Traffic Safety Law, "if an accident occurs when a vehicle passes outside the road, and the traffic management department of the public security organ receives a report, it shall be handled with reference to the relevant provisions of this Law." ”
Although the deceased Li Moubin has a greater responsibility for being drunk, according to judicial practice, if a motor vehicle has a traffic accident with a passerby, the motor vehicle will generally bear no less than 20% of the responsibility.
Compulsory traffic insurance, third-party liability insurance, and Wang Qi himself will compensate the relatives of the deceased within an appropriate range.
04 How should Wang Qi compensate
In this case, in addition to the deceased, Wang Qi was also a victim. Detained for 457 days, the normal order of life was completely disrupted, the job was lost, and the pressure from all sides was enormous...
According to the state compensation standards announced by the Supreme People's Court, Wang Qi should be able to receive compensation of more than 370 yuan per day, and during the 457 days of detention, Wang Qi should be able to receive about 170,000 yuan in compensation. Coupled with about 20% of the compensation for moral damages, Wang Qi's final compensation to the state should be around 200,000 yuan.
As for Wang Qi's work, if it is within the system, it should be able to resume. If it is the work of the enterprise, it needs to look at the corresponding management system of the enterprise, and also depends on the wishes of Wang Qi himself.
Regarding the views of this case, whether it is a legal person or an ordinary person, they will certainly have their own different views.
Dear you, what do you think?
#法律人举案普法 #