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□ intern reporter Han Jingwei Wang Xing
Reading Tip If you have 126,000 yuan, 25-year-old Anton (a pseudonym) will not be sentenced. Previously, Anton driving a van crashed into a Mercedes Benz car damage is finally assessed as 425,500 yuan. By law, the primary responsibility for accidents caused direct loss of property in the amount of 300,000 yuan or more, and can not afford compensation, traffic crime. August 18, reporters learned from the Zhengzhou City Court, because Anton even 10,000 yuan could get it out,piumini moncler sito ufficiale, the public prosecution department ultimately to the Crime its prosecution, so he faces up to three years for criminal punishment.
Event open the van crashed Mercedes guy
Anton, who lives in the mountains Romer County,http://www.parachan-k.com/ad2/angel/look.cgi, after graduating from junior high school has been working in Zhengzhou. This year at 23:00 on February 12th, he borrowed a friend's van errands, when the nearby car from north to south latitude line to the Plains Road to four, in order to escape behind the car,woolrich sito ufficiale, panic Anton van guardrail in the center of the road After the collision, and from south to north along Plains Road traveling collided with a Mercedes Benz car, causing damage to the center guardrail and vehicles to varying degrees.
The police identified, Anton full responsibility for the accident,nike tn 2014, Mercedes-Benz owners live up to the accident. Let Anton and their relatives unexpectedly,http://bbs.wenlushi.com/forum.php?mod=viewthread&tid=559889,peuterey uomo outlet, by price Sector Assessment: The Mercedes-Benz accident caused direct losses amounting to 425,500 yuan. And Anton van borrowed to buy only pay high insurance.
Awkward money damages may face criminal charges
Faced with "high price" for compensation, Anton loss. It has to deal with the matter of his cousin, Ms. Luo said: An owner of extreme poverty. Anton's father suffering from a malignant brain tumor,escarpin louboutin pas cher, brain still has a fist big build-up, has no money for treatment, the mother is also suffering from severe heart disease.
After childhood in foster care in the home of his cousin Anton junior high school in Zhengzhou,chaussures tn pas cher, a bed enterprise system to work, the monthly salary is only 2,000 yuan, however, he still live frugally,scarpe hogan outlet, with some savings. But in 2008,http://activjournal.com/activity/p/234647/,hogan outlet, when a group of people fighting his injury, the arm was broken, and the other ran away. In desperation, Anton all the savings are used for treatment, because no money on his arm steel has not dismantled.
Cousin expressed willingness to bear part of the compensation for , but also a few million, and 425,500 yuan compensation gap is too large, the Mercedes-Benz owners do not agree. Let Anton worried that he could face criminal charges.
Accused indicted on suspicion of Traffic Accident
Police explained: According to China's criminal law and "Supreme Court to hear criminal cases of traffic accident Issues interpretation of the law," the relevant provisions, if public property or property of others caused direct losses, negative incidents or major responsibility, resulting in direct property losses of 300,000 yuan or more, and can not afford compensation, traffic crime, will be sentenced to three years in prison. In the case of this accident, the direct result of the amount of loss for Anton 425,500 yuan, 126,000 yuan if he can come up with, they will not face criminal charges, but even 10,000 yuan Anton could get it out.
In the survey Anton and his family did not have the capacity for compensation after March 27, Anton criminal detention by the police. April 10, Anton suspicion of traffic accident crime were arrested. Meanwhile, Anton's relatives had questioned excessive damage assessment Mercedes: Mercedes-Benz is the owner four years ago to 670,000 yuan to buy, Mercedes-Benz car damage assessment reports a total of 90 items, the highest on the yuan, the lowest few hundred ten yuan range. An family has proposed to re-evaluate, but take no assessment fees, eventually dropped.
June 26,louboutin pas cher, Jinshui District Procuratorate prosecution case that Anton violate traffic regulations, due to a major accident,http://www.ad.cyberhome.ne.jp/~k-morita/clip/papalani.cgi, causing heavy losses to public and private property, traffic accident should be held criminally responsible.
Hot lawyers, judges comment
After learning Anton indicted, Henan Province, Henan Lawyer Diaofei Fei Long to provide legal aid. Diao lawyer told reporters: November 2000, the supreme law of "public or private property suffered heavy losses" were restrictive interpretation, namely "public or private property or property of others caused direct losses,http://www.cacenglish.com/index.php?item/create_form/1, negative incidents or major responsibility, the amount of compensation can not afford 30 million or more ", the" incapacity compensation "as an element of traffic accident crime constituted. The introduction of this interpretation, triggering a traffic accident crime on the composition and identified hot.
Criminal Division of the High Court Judge Liu said: penalty as a punishment,http://web.csd.sc.edu/cgi-bin/codebook/search.cgi,scarpe hogan interactive, and only in the case of last resort in order to apply,moncler pas cher, and for just cause some loss on the behavior of people unable to compensate families of the penalty if the victim is in fact the one hand, the loss still can not get compensation,http://www.pangpangya.com/bbs/forum.php?mod=viewthread&tid=284149, remain unresolved contradictions between them; on the other hand the perpetrators because of a fault,scarpe hogan outlet, make themselves and their families in trouble.
The court will fix a day hearing the case.
Approval
Compensation for the perpetrators themselves would mean the loss of the adverse consequences of property without compensation ability of man to bear the adverse consequences of the penalty, the wealthy property is their labor income inequality does not exist.
Opposition
One of the criteria will convict the perpetrator as the presence or absence of the ability to compensate crime of traffic accident, contrary to the basic principle of equality before the Constitution and criminal law. May produce such understanding to the people: "the rich due to the ability of compensation can not be held criminally Traffic Accident Crime; no money,http://www.pokolenie-lex.com, only to bear the pain of the penalties of this is undoubtedly pass given." Criminal money can buy "The concept of criminal responsibility resulting inequality.
(Original title: Men lose money Benz car crashed indicted)