The | Changsha lawyer Fu Yong ([Phoenix]: Law of life)
01 reasons: Lijiang female tourists were beaten
About 3 in the morning on November 11, 2016, a northeast nationality female tourist Dong Moumou in Yunnan, Lijiang, a barbecue house when eating, more than men abuse, beat, and was broken with a bottle of wine face. Perpetrators also recorded video on the scene, leaving the battered woman's purse and other belongings.
Beaten female tourists dissatisfaction with the local relevant departments to handle the results, the injured angrily to upload photos to micro-blog, a public outcry.
(CCTV coverage screenshot)
02, reverse: "public security administrative cases" into "criminal cases" "
According to previous media disclosure, in February this year, the ancient city of Lijiang city procuratorate on suspicion of causing trouble and so on and so on 6 arrests. Lijiang female tourists have been hit by "the public security case into a criminal case.
(announcement of court session of "Lijiang female tourists being beaten")
According to reports, the female tourists (ie incidental civil action plaintiffs, Dong Moumou) and 6 defendants themselves reached a settlement agreement, the defendant has actually fulfilled the obligation of compensation. The plaintiff then applied for the withdrawal in July 5th.
And others, such as six intentional injury, affray case, the criminal part of the trial, according to the earlier opening of the normal court session.
(hearing the court)
03, the compensation scope and amount of incidental civil action are different from those of ordinary civil tort cases
The ninety-ninth provision of the code of criminal procedure stipulates that the victim suffers from material loss due to the criminal act of the accused, and has the right to file an incidental civil action in the course of criminal proceedings.
Then, what are the specific material losses caused by the criminal act of the accused?
"Material loss" includes medical expenses, nursing expenses, transportation fees, loss of working time, disability, living expenses and auxiliary expenses, etc., and the funeral expenses are also included in the result of the death of the victim. Judicial interpretations have more explicit provisions.
However, items such as death or disability compensation, mental damage solatium and alimony are not included. Unless casualties in traffic accidents constitute crimes, there is no difference from the general case of personal injury compensation.
In reality, such a situation often occurs, even if the victim dies, often can also receive tens of thousands of Yuan funeral expenses.
04 and can make the plaintiff obtain adequate compensation, and the defendant have the opportunity to obtain active compensation for court use leniency in meting out punishment
The relevant judicial interpretations also stipulate that the extent and amount of compensation shall not be limited by the aforesaid provisions when the parties involved in the civil lawsuit reach conciliation and settlement agreement on civil compensation.
In other words, the plaintiff and defendant can exceed the statutory standards and negotiate the amount of compensation, the court is also recognized. Of course, the defendant often asks the plaintiff to issue a criminal understanding".
According to the above analysis, if the "Lijiang female tourists have been hit" case and certain others to sincere repentance, and actively compensate, in accordance with the relevant judicial practice, the court of the chance of a lighter sentence or larger.