At about 0:40 on January 31, 2015, when the defendant Xiao was driving a motorcycle through Fenghuang Road, Meilin Street, Nan'an City, he found that Huang Dong, who had previously had a conflict with him, walked here alone, so he went to the gate of Xiaochen Decoration Store on the side of the Yangmei Carousel in Meilin Street and took a stainless steel pipe, and returned to Fenghuang Road to wait. When Huang Dong approached, the defendant Xiao rushed out with a stainless steel pipe to chase Huang Dong, causing Huang Dong to fall on the concrete floor of the highway in the process of escaping. Defendant Xiao X stepped forward to check and found that Huang Dong was lying on the ground, his body was not moving, his hands were shaking, and his mouth made a "hum" sound, and the defendant Xiao X was about to throw the stainless steel pipe in the open space on the side of the road, and drove away, and then told his friend again because he was worried that something would happen, and also asked his friend to go and check.
At about 0:48 on the same day, Huang Dongmou, who was still lying on the ground on the road, was run over by a car driven by Cai Jianmou. After being examined by medical personnel who rushed to the scene, Huang Dong was dead. After identification, the deceased Huang Dong died of traumatic shock and head injury due to blood loss, and his fatal injuries were mainly head, closed chest and abdomen injuries and multiple fractures of limbs, among the above-mentioned injuries, closed chest and abdomen injuries and multiple fractures of limbs were characterized by light on the outside and heavy on the inside, and the wounds of multiple contusions and avulsions on the head were irregular in shape, and the analysis believed that the above-mentioned injuries and traffic accidents could be formed.
Quanzhou Intermediate People's Court of Fujian Province (2015) Quan Xing Zhong Zi No. 1309 Criminal Attached Civil Ruling).
[Case Focus].
1.Whether the causal relationship between the defendant's deliberate pursuit of the victim and the harmful consequences of the victim's death was interrupted by the defendant's deliberate pursuit and beating caused him to fall in the middle of the road and become unable to move, and the defendant intervened in a traffic accident in which he was run over by a passing vehicle; 2.Whether the defendant's conduct constituted the crime of intentional injury causing death or negligence causing death.
[The gist of the court's ruling].
After trial, the Nan'an City People's Court of Fujian Province held that the defendant Xiao X had intentionally and unlawfully harmed the victim's physical health due to a previous trivial accident and caused the death of one person, and his conduct constituted the crime of intentional injury. The prosecution's allegations were upheld. Defendant Xiao subjectively had the intent to harm the victim, and objectively carried out the harmful act of chasing and beating the victim, causing the victim to be injured and fall to the ground on the highway ** and lose the ability to move, putting the victim in a dangerous situation, and the defendant had the obligation to eliminate the victim's danger due to his previous unlawful infringement, but the defendant had the ability to eliminate the danger but did not act, and allowed the consequences of the victim's death to occur, the defendant should bear criminal responsibility for the consequences caused by his omission, and the defendant's conduct met the constitutive elements of the crime of intentional injury, Therefore, defendant Xiao's defender's defense opinion that defendant Xiao X was negligent and did not foresee the victim's death, and that his conduct should be characterized as the crime of negligence causing death, cannot be sustained and is not adopted.
Although the victim was run over by a vehicle after being chased to the ground, in a dangerous state where the victim was lying down on the highway and incapacitated, the intervening factor of being run over by a vehicle was a common or even inevitable consequence of the previous injury, and did not block the causal relationship between the defendant's injury and the victim's death. Defendant Xiao X was able to truthfully confess the facts of the crime after being brought into the case, and had a good attitude in admitting guilt, so he may be given a lighter punishment. The defense opinions put forward by defendant Xiao's defender in this regard may be adopted.
The Nan'an Municipal People's Court of Fujian Province made the following judgment in accordance with the provisions of Article 234, Paragraph 2, Article 67, Paragraph 3, Article 56, Paragraph 1, and Article 36, Paragraph 1 of the Criminal Law of the People's Republic of China:
Defendant Xiao X committed the crime of intentional injury and was sentenced to 10 years and six months imprisonment and deprivation of political rights for one year.
Defendant Xiao appealed. The Intermediate People's Court of Quanzhou City, Fujian Province, held after trial that the appellant Xiao had intentionally and unlawfully harmed the victim's physical health due to a previous trivial accident and caused the death of one person, and that his conduct had constituted the crime of intentional injury. In accordance with the provisions of Article 234, Paragraph 2, Article 67, Paragraph 3, Article 56, Paragraph 1, Article 36, Paragraph 1 of the Criminal Law of the People's Republic of China, and Article 225, Paragraph 1, Paragraph 1 of the Criminal Procedure Law of the People's Republic of China, the following ruling is made:
The appeal was dismissed and the original judgment was affirmed.
[Lawyer's postscript].
Defendant Xiao's pursuit and beating caused the victim to be injured and fall to the ground in the middle of the road, and the time of the crime was early in the morning, on the one hand, because of poor vision at night; On the other hand, the place where the crime occurred was an urban highway, and there was a certain amount of traffic even in the early hours of the morning, and the defendant, as an adult with normal capacity, should have been aware of the serious consequences that his actions might cause, but the defendant did not act to eliminate the danger after chasing and beating the victim to the ground, but left the scene directly and ignored the victim who fell to the ground. Defendant Xiao's unlawful infringement that put the victim in a dangerous situation was a previous act, so the defendant had the obligation to eliminate such danger, and the defendant was fully capable of eliminating the danger at that time, but the defendant did not do it, and the defendant's omission caused the victim's dangerous state to continue.
Although there was an intervention between the defendant's injurious act and the victim's death, i.e., the victim was run over by a vehicle and died, the defendant's injurious act and subsequent omission caused the victim to lose mobility and lie in the middle of the road, and in this dangerous state, the victim being run over by a passing vehicle was a normal and reasonably probable intervening factor. Therefore, it should be determined that there is a causal relationship in criminal law between the defendant's injury and the victim's death.
**10,000 Fans Incentive Plan