Chapter 546 Explosion and murder case

Author: Snow Yinghong Plum

Chapter 546 Explosion and murder case

After the court's judgment, the Chen family was dissatisfied and appealed under the encouragement of the attorney, demanding that Zhao Sixi and Wu Meifeng compensate for mental losses of 50,000 yuan.

After the second instance court heard the case, the Chen family's mental loss for compensation was 50,000 yuan, and it was unfounded by the law and did not support it. Finally, it rejected the Chen family's appeal request.

(If the victim requests compensation for mental damage in a criminal case or after a criminal case judgment, the court will not support it. The legal basis is as follows. Interested book friends can check it:

1. Article 1, Paragraph 2 of the "Provisions on the Scope of Criminal Annexed Civil Procedures" issued by the Supreme People's Court on December 4, 2000 (Legal Interpretation [2000] No. 47) stipulates that "If a victim suffers mental damage due to a criminal act, the people's court will not accept it."

2. The Supreme People's Court issued on July 11, 2002, "Reply on whether the People's Court accepts civil litigation for mental damage compensation for victims in criminal cases" (Fa Interpretation [2002] No. 17) clearly stipulates: "If the victim in a criminal case suffers mental damage due to the defendant's criminal act, or after the criminal case is concluded, the people's court will not accept it."

Regarding the issue of mental damage compensation, the Supreme Court's tendency opinion is: "In case of ancillary civil litigation, only direct material losses should be compensated according to law, that is, the actual damages caused to the victim according to the criminal act generally do not include death compensation and disability compensation. However, after mediation, if the defendant has the ability to compensate and is willing to compensate a larger amount, the people's court shall support it; if the mediation fails, the defendant does not have the ability to compensate, and if the victim or his close relatives insist on asking for compensation in addition to material damage compensation, the people's court will not support it.")

The weather is getting colder day by day, the leaves are starting to turn yellow, falling one by one, autumn is over, and winter is coming soon!

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

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

"Old Wang, is there something wrong?" Fang Yi asked when he saw Wang Deyou frowning and was full of lawsuits.

"Well, are you free? I'll ask for a question." Wang Deyou asked.

"What do you want to ask for advice or not, you can say." As he said that, Fang Yi stood up, came to the sofa, and signaled Wang Deyou to sit down and chat.

"I took on a criminal case with legal aid some time ago. This case happened in the village and was not complicated, but I couldn't understand the characterization of the case. This is the case..." Wang Deyou introduced the situation of the case.

The criminal case Wang Deyou mentioned was a murder case caused by marriage gifts.

At the end of last year, Ning Guoyi, the defendant in the case, met Zhu Qianhong from the Zhu family in the neighboring village through an introduction. After more than two months of conversation, 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 family and the two lived a married life.

Because the two lacked in-depth understanding before marriage, after marriage, they had different lifestyles and had no common language. The conflicts between them became increasingly deepened and they often quarreled.

Less than three months after getting married, Zhu Qianhong returned to her parents' home. Ning Guoyi went to the old Zhu family several times to persuade Zhu Qianhong to go home, but Zhu Qianhong refused. Zhu Qianhong's parents also sarcasticated Ning Guoyi to his daughter.

In early April, Ning Guoyi went to Lao Zhu's house again and persuaded Zhu Qianhong to go home. Zhu Qianhong proposed to divorce. Ning Guoyi saw that Zhu Qianhong was determined to divorce by eating the weight, so he asked the old Zhu's family to return a gift of 150,000 yuan.

This gift was Ning Guoyi's savings for many years. In order to hold a banquet, he borrowed a lot of money from his relatives and owed a lot of famine. He felt that Zhu Qianhong had just gotten married and asked for a divorce. It would be a loss if he didn't come back.

However, the Zhu family believes that their daughter is the eldest daughter of Huanghua. She has obtained a certificate from you Ning Guoyi and has done something. Even if you divorce, it is a second-hand product. You cannot sleep with you Ning Guoyi for nothing. The money you gave at marriage said that it is impossible to return it to Ning Ning.

Ning Guoyi was angry and held grudges, so he had the idea of ​​killing Zhu Qianhong and taking revenge on the old Zhu family. Ning Guoyi used to work in the stone yard on a nearby mountain for a while. Because he was very familiar with explosives, his main job in the stone yard was to shoot and fire. When he was fine, he would also make some earth explosives and go to the river to fry fish.

When the idea of ​​revenge on the old Zhu family appeared in his mind, he thought of explosives and made some damn explosives packs.

At midnight on May 6, Ning Guoyi brought his pre-made explosive bag to lurk on the west side of the Old Zhu family. At about 1:20 in the morning, Ning Guoyi tied the two explosive bags together with a rope, lit it, and secretly threw them in along the open rear window.

A moment later, the house was in chaos, and then two loud noises came. The house of the old Zhu family was blown up and half of it was blown up. Zhu Qianhong died of suffocation due to the collapse of the house, and his parents and sister were slightly injured.

The houses of the neighbors around him also trembled due to the explosion. The houses of the neighbors of the old Zhu family had cracks of varying degrees, and the glass on the windows broke all over the floor. The neighbors thought that the earthquake had been made, so they wrapped themselves in quilts and ran out with their children in their arms. Later they found out that the houses of the old Zhu family were blown up.

After investigation, the public security organs believed that Ning Guoyi's crime was the most suspected, so they went to the Ning family to look for Ning Guoyi. At this time, Ning Guoyi had already fled.

On May 20, the public security personnel arrested Ning Guoyi, who was absconded. Ning Guoyi admitted that he was responsible for the case of the Zhu family. The case was quickly transferred to the procuratorate, and the procuratorate filed a public prosecution with the Intermediate People's Court for the defendant Ning Guoyi's crime of explosion.

The Intermediate Court held that after the defendant Ning Guoyi had a dispute with his wife Zhu Qianhong due to family discord, he used explosive means to intentionally kill Zhu Qianhong in order to retaliate against the Zhu family, which constituted intentional homicide and should be severely punished in accordance with the law. The facts accused by the public prosecution agency were clear, but the accused Ning Guoyi was inappropriate for the crime of explosion. The sentence was made, and the defendant Ning Guoyi was sentenced to death and deprivation of political rights for life.

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

After trial, the Provincial High Court held that after the appellant Ning Guoyi had a dispute with his wife due to family discord, he made explosives and planned to carry out the explosion purposefully in order to vent his anger. Although the purpose was to cause Zhu Qianhong to die, he was laissez-faire about the life and health of Zhu Qianhong's parents and sister and the safety of his neighbors' lives and property. He should be punished for the crime of explosion.

In the end, the Provincial High Court ruled that the characterization of the Intermediate People's Court's criminal judgment was revoked, and the appellant Ning Guoyi was sentenced to death and deprivation of political rights for life.
Chapter completed!