[Summary of the case].
Fuddle. ”
This is a case more than two years ago, a beautiful woman who is as beautiful as a flower and as beautiful as a flower, but was attacked by a group of drunk-like men at the wedding ceremony**, a good happy event, but ended up tragically.
Afterwards, the angry groom had a conflict with the **, but was injured, what kind of punishment will such a lawless murderer receive?
It all started with a man named Li Hua. He was born in 1985 in Nanjing, Jiangsu Province, to an ordinary office worker family. He has known Zhang Qiang, the male protagonist in this case, for a long time, and has been working together since he was a child, and his relationship is very good.
However, Li Hua has a big flaw, he often loses his temper after drinking.
Zhang Qiang didn't know anything about this. When Zhang Qiang got married, Li Hua was drunk and thought about his wife. Taking advantage of the fact that the bride was also drunk, Li Hua seized the opportunity to be strongRape her.
This matter had spread all over the day after the wedding, Zhang Qiang was very angry when he heard about it, and immediately went to reason with Li Hua, but Li Hua was worried that Zhang Qiang would hurt him, so he took out his gun. beat the bride Zhang Qiang very hard.
In a very short period of time, the bride was killed, and the groom was injured. Zhang's family couldn't stand Zheng's behavior, so they not only called the police to arrest Li Hua, but also a lawsuit document to prosecute him.
The police quickly arrested Li Hua, and the court sentenced him to 10 years in prison for his crime. Zhang Qiang's marriage with the bride also fell through, and the woman filed for divorce.
Case Analysis] Looking at the facts of the case, the main problems existing in the case can be summarized as follows:
1. If the bride did not obviously refuse at that time, then does Li Hua's action still belong to the ** case?
In accordance with the relevant laws of the Criminal Law of the People's Republic of China, the ** crime is defined.
The emphasis here is on "forcible", that is, regardless of whether one party expressly refuses or not, without the express consent of the other party, a ** case can be established.
In this case, the woman was in a drunken situation and was subjected to Li Hua's **.
Even though she was drunk, she couldn't speak, and she couldn't struggle. Although there is no obvious verbal or physical rejection, it does not mean that she agrees with Li Hua's actions.
Because the woman's spirit was not sober after she was drunk, she may not be able to clearly understand and judge Li Hua's actions, let alone make a clear response.
In addition, since the woman was under the influence of alcohol, it could not be proved that the woman was voluntary. Because of the legislation of our country, there must be express consent, not a presumption without resistance.
If a "promise" is determined on the grounds of "non-resistance", it may cause some people to commit unlawful infringement on the grounds of "non-resistance".
Therefore, although the woman did not show obvious resistance at that time, Li Hua's behavior still belonged to the ** case. He should be held accountable for his actions and should be punished by the law.
2. In this case, does the husband Zhang Qiang have the right to claim compensation from the wedding company (hotel, restaurant)?
From a legislative point of view, operators have the obligation to ensure the quality of services and protect the interests of customers. In the event that a customer suffers a violation as a result of the operator's failure to fulfill this obligation, the operator may file a claim against the operator.
For the time being, at the wedding ceremony held in the hotel or hotel, the hotel or restaurant is the organizer and should be responsible for ensuring the smooth running of the wedding reception. However, Li Hua beat the bride after drinking, which is obviously a hidden danger in the marriage process.
Therefore, are hostels and restaurants responsible?
It depends on whether they are at fault or not.
They knew that Li Hua was drunk, but they didn't stop it, this is their responsibility. However, if they did not realize that Li Hua was drunk, or if they did, they would try to stop it, then there was no fault.
If the hotel or the hotel is at fault, then they shall be liable for compensation according to their own negligence. If their fault is not serious, they must reduce it.
Therefore, it should be determined on a case-by-case basis to determine whether the husband has the right to claim compensation from the wedding company.
3. Li Hua knew that he could not control himself after drinking, but he should still be held responsible
In the constituent elements, there is both intent and intent, both of which refer to having anticipation of the consequences of one's own behavior, that is, voluntarily acknowledging one's own behavior.
However, in the case of drunkenness, people's thinking and judgment ability will be impaired to a certain extent.
In this case, Li Hua ** the woman while drunk. If in this case, he is not even aware of his actions, is he responsible for his actions?
First of all, we have to make it clear that drunk driving cannot be a crime.
Although Li Hua was in a drunken state at the time and did not realize it, this did not prevent him from escaping the punishment of the criminal law. Since he decided to drink on his own, he is responsible for the consequences of drinking.
We should also note that Li Hua's actions have caused great damage to the bride. Whether he did so intentionally or not, he is liable for such damages. This is due to the fact that in China's legislation, the determination of criminal responsibility is more based on the consequences of the act than on the subjective will of the perpetrator.
Therefore, no matter what the case may be, Li Hua must take responsibility for his actions. He will not only be punished by law, but also compensated for the damage suffered.
What do you think about this case?