Lawyer's character

After the court's decision, the Chen family was dissatisfied and, with the instigation of their attorney, appealed. Zhao Sixi and Wu Meifeng are required to compensate for mental losses of 50,000 yuan.

After the trial, the court of second instance held that the Chen family’s request for compensation for mental losses of 50,000 yuan was without legal basis and would not be supported. Finally, it rejected the Chen family’s appeal.

(In a criminal incidental civil case or after a criminal case has been judged, if the victim requests compensation for mental damage, the court will not support it. The legal basis is as follows. Interested book friends can check it out:

1. Article 1, Paragraph 2 of the "Regulations on the Scope of Civil Litigation Accompanying Criminal Actions" (Fa Shi [2000] No. 47) promulgated by the Supreme People's Court on December 4, 2000 stipulates that "for victims who suffer mental losses due to criminal acts, If an incidental civil lawsuit is filed, the People's Court will not accept it."

2. The Supreme People's Court issued the "Reply on Whether the People's Court Accepts the Civil Litigation for Compensation for Mental Damage Filed by Victims of Criminal Cases" (Fa Shi [2002] No. 17) issued by the Supreme People's Court on July 11, 2002. It clearly stipulates: "For victims of criminal cases, The people's court will not accept an incidental civil lawsuit filed for mental damage caused by the defendant's criminal behavior, or if the victim files a separate civil lawsuit for mental damage compensation after the criminal case is concluded."

Regarding the issue of compensation for mental damage, the Supreme Court’s preferred opinion is: “In incidental civil litigation cases, only direct material losses should be compensated according to law, that is, compensation for the actual damage caused to the victim based on the criminal act, which generally does not include death compensation and disability compensation. However, if after mediation, the defendant has the ability to compensate and is willing to compensate a larger amount, the people's court shall support it; if mediation fails, the defendant does not have the ability to compensate, but the victim or his close relatives insist on demanding compensation in addition to material losses. , the People’s Court does not support it.”)

The weather is getting colder day by day, the leaves are starting to turn yellow and fall one by one. Autumn is more than half over, and winter is coming soon!

That morning, Fang Yi was busy writing a summary of the case in the office. Sister Lan suddenly called him and asked him to go to Shengfeng Group in the afternoon and introduce a case to him.

As soon as Fang Yi put down his cell phone, Wang Deyou knocked on the door and walked in.

"Old Wang, what's the matter?" Fang Yi asked when he saw Wang Deyou frowning and his head full of lawsuits.

"Well, are you free? I have a question." Wang Deyou asked.

"You can tell me whether or not you want to ask for advice." After saying that, Fang Yi stood up, came to the sofa, and motioned to Wang Deyou to sit down and chat.

"Some time ago, I received a legal aid criminal case. This case occurred in a village and was not complicated. However, I am a bit confused about the nature of the case. The facts of the case are as follows..." Wang Deyou introduced the situation of the case.

The criminal case Wang Deyou mentioned was a murder case caused by wedding gift money.

At the end of last year, the defendant Ning Guoyi was introduced to Zhu Qianhong from Lao Zhu's family in the neighboring village. After talking for more than two months, the two received a marriage certificate and held a wedding at the urging of their families. After that, Zhu Qianhong moved to Ning Guoyi's home, and the two started living as a couple.

Because there was a lack of in-depth understanding between the two before the marriage, and after the marriage, the two had different lifestyles and no common language. Their conflicts gradually deepened and they often quarreled.

Less than three months after her marriage, Zhu Qianhong returned to her parents' home. Ning Guoyi went to Lao Zhu's house several times to persuade Zhu Qianhong to go home, but Zhu Qianhong refused. Zhu Qianhong's parents also sneered at Ning Guoyi towards their daughter.

In early April, Ning Guoyi went to Lao Zhu's house again and persuaded Zhu Qianhong to go home. Zhu Qianhong filed for divorce. When Ning Guoyi saw that the bastard Zhu Qianhong was determined to get a divorce, he asked Lao Zhu's family to return the gift of 150,000 yuan.

This gift money was Ning Guoyi's years of savings. In order to hold a banquet, he borrowed a lot of money from relatives, and he owed a lot of money. He felt that Zhu Qianhong ran back to her parents' home and asked for a divorce just a few days after they got married. If he didn't get this gift money back, What a loss.

But Lao Zhu's family thinks that their daughter is a yellow-flowered girl. She has already obtained the certificate and done things with you Ning Guoyi. Even if she gets divorced, she is still a second-hand commodity. She can't sleep with you Ning Guoyi in vain. The money given to you at the wedding will tell the truth. It is also impossible to return it to someone named Ning.

Ning Guoyi became angry and resentful, so he had the idea of ​​​​killing Zhu Qianhong and taking revenge on the old Zhu family. Ning Guoyi worked in a quarry on a nearby mountain for a period of time. Because he was very familiar with explosives, his main job in the quarry was to drill holes and fire off explosives. When he has nothing to do, he would also make homemade explosives to fry fish in the river.

When the idea of ​​revenge against Lao Zhu's family appeared in his mind, he thought of explosives, so he made some homemade explosive bags.

At midnight on May 6, Ning Guoyi took a homemade explosive pack and lurked on the west side of Lao Zhu's house. At about 1:20 in the morning, Ning Guoyi tied two explosive packets together with a rope, lit them and secretly threw them in through the open rear window.

After a moment, there was chaos in the house, and then two loud noises were heard. Half of Lao Zhu's house was blown down. Zhu Qianhong died of suffocation due to the collapse of the house, and his parents and sister were slightly injured.

The surrounding neighbors' houses were also shaken by the explosion. The houses of Lao Zhu's neighbors had varying degrees of cracks, and the glass on the windows was shattered all over the floor. The neighbors thought there was an earthquake, so they wrapped themselves in quilts and ran outside with their children in their arms. Only later did they discover that Lao Zhu's house had been bombed.

After investigation, the public security agency believed that Ning Guoyi was the most suspected of committing the crime, so they went to Ning's house to look for Ning Guoyi, who had already absconded.

On May 20, public security officers captured Ning Guoyi, who was absconding, and brought him to justice. Ning Guoyi admitted that he was responsible for the Lao Zhu family's case. The case was quickly transferred to the Procuratorate, which prosecuted the defendant Ning Guoyi for the crime of explosion to the Intermediate People's Court.

The Intermediate People's Court held that after the defendant Ning Guoyi had a dispute with his wife Zhu Qianhong due to family discord, he used explosives to deliberately kill Zhu Qianhong in retaliation for the Zhu family. This constituted the crime of intentional homicide and should be severely punished in accordance with the law. The facts charged by the public prosecutor's office were clear, but it was improper to accuse Ning Guoyi of committing the crime of explosion. The defendant Ning Guoyi was found guilty of intentional homicide and sentenced to death and deprived of political rights for life.

After the verdict of the first instance was announced, the defendant Ning Guoyi appealed to the Provincial High Court on the grounds that there was no intentional homicide and his behavior constituted negligence causing death.

The Provincial High Court held after hearing that the appellant Ning Guoyi had a dispute with his wife due to family discord. In order to vent his anger and retaliate against others, he made homemade explosives and carried out the explosion with premeditation and purpose. Although the purpose was to cause the death of Zhu Qianhong, the Zhu Qianhong’s laissez-faire attitude towards the life and health of his parents and sister and the safety of his neighbors’ lives and property should be punished with the crime of explosion.

In the end, the Provincial High Court ruled that the qualitative part of the Intermediate Court's criminal judgment was revoked, and the appellant Ning Guoyi was sentenced to death for the crime of explosion and deprived of political rights for life.