A traffic accident case, why is it so difficult to defend rights?
| Author: A dihydrate Ye
| editor: Susu
this summer, many users are Li pointed smile cured.
And in the past 1 year and 8 months, Tan Songyun, who plays Li Jianjian, has been healing herself.
At 23:00 on December 31, 2018, a traffic accident in which three people were injured and the driver escaped by car occurred on West Street, Xuyong Town, Xuyong County, Sichuan Province. One of the injured, Huang (female, 55 years old, from Xuyong County) died on January 23, 2019.
Huang is the mother of Tan Songyun.
On August 31, this case was heard in the People's Court of Xuyong County, Sichuan Province. Tan Songyun and his family participated in the trial. The entire trial process was simultaneously broadcast live on the China Trial Open website. According to the website, more than 10 million people have watched the video online. Screenshot of
· Chinese court trial public network.
People’s attention to this case is not just "female celebrities seeking justice for their mothers" and "three happy families broken by a drunk driving", but the perpetrator’s family never apologized to the victim’s family after the incident. He also complained that the victim’s family "let his son spend the Spring Festival in jail" without any guilt or regret.
After the trial was over, the case aroused people's appeals, protests, anger... In a traffic accident case, why is it so difficult to defend rights?
1 year and 8 months, the pain is still
On the last day of 2018, at 6:30 pm, Tan Songyun happily posted a "New Year's Eve" Weibo on Weibo with a song titled "Advanced" Songs and two smiling photos. At that time, she didn't know that a disaster was brewing.
· Tan Songyun Weibo screenshot.
At 23 o'clock that night, in Xuyong County, Luzhou, Sichuan, her mother Huang and Yang, Chen and Li walked together on the road after a party. At the same time, Ma Moumou, who had just drunk 7 glasses of beer from a late-night snack shop, bought firecrackers to celebrate the New Year, despite his friends' dissuasion from driving out.
"I walked in front, and Huang and others walked behind. I listened to Huang and Chen joking, and it didn't take long for me to hear a'bang'." According to the "Xiaoxiang Morning Post", the accident occurred. Li, the only person who survived the accident, described that he felt a gust of wind on his left hand side. When the car passed by, "I think this person is crazy."
Ma Moumou did not stop after hitting someone. The evidence presented by the prosecutor showed that the violent impact not only caused damage to the bumper and hood of the car driven by Ma, but also the front windshield was knocked out of a large "heart" hole. But Ma Moumou said that his speed was about 40 kilometers per hour, and he didn't know what he had hit, thinking it was a motorcycle.
· Ma's escape route map was exposed after the hit, and the escape route formed a loop.
Tan Songyun learned that her mother was seriously injured and rushed back to her hometown immediately. She prayed in her heart: "Mom, as long as you can wake up, I am willing to change everything." But Mother Tan never opened her eyes. After more than 20 days of rescue work Later, he died of severe head injury combined with lung infection and multiple organ failure.
This car accident eventually caused serious consequences of one death, one serious injury, and one minor injury.
The Xuyong County Traffic Police Brigade’s Accident Responsibility Certificate shows that in the traffic accident, the victims Huang, Yang, and Chen were not at fault, and the driver Ma drank and drove a motor vehicle, and had run away after the accident.Full responsibility for the accident. In the 1 year and 8 months after the
case, Tan Songyun has been very restrained. Rarely, when she mentioned her mother, she always used "she" instead, saying that she hoped that "she" would be reborn as her daughter in the next life.
· Tan Songyun mentioned her mother in the show.
is now finally in court, Tan Songyun choked and said: "I am healing myself every day, keeping myself in a good state of mind, and accepting the fact that my mother is leaving. I miss her every day... (this court appearance) I am very nervous and also I am afraid of the evidence reappearing."
"In this year, I have never received a sincere apology from the other party. As a family member, I feel very uncomfortable. I hope that I can return my mother justice and give justice according to law. Judgment, you should be punished for doing the wrong thing.” During the court trial, another victim, Chen’s family,’s speech was even more bloody:
62-year-old father was severely injured in a car accident and suffered Huge pain↓↓
The mother is in utter distress, and the wife rushes back and forth, and even overworked. Miscarriage in the 5th month of pregnancy↓↓
His son spent the Spring Festival in prison ↓↓
This detail quickly aroused public attention. People cannot help asking: Why do the perpetrators and their families dare to be so arrogant?
The arrogant defendant wanted to pee in court.
The first time
was after the incident, he called Zhang, who was still drinking in the supper, and asked him to go to the scene to help see the situation. The second time he learned that the three injured had been taken away by the 120 ambulance when Zhang rushed to the scene, and he asked Zhang to go to the hospital to continue to inquire about the situation.
Zhang found that the situation was serious after going to the hospital. In the early morning of January 1, 2019, he sent Ma to Luzhou for shelter overnight. During his stay in Luzhou, Ma threw his cell phone and cell phone card into the river.
The next day, Ma Moumou, accompanied by his family, went to the Xuyong County Traffic Police Brigade to surrender.
· police report
but surrendering does not mean a good attitude towards confession.
At the beginning of the investigation by the public security organs, Ma Moumou concealed that he had sang with friends in a KTV before going to a snack shop to drink beer; during the court trial, he did not show any remorse and was sitting improperly. , And even arrogantly said that he had to pee in court.
· Ma Moumou's improper posture during the court trial attracted attention.
Later, people discovered that Ma XX was really not an "ordinary person."
He is a native of Xuyong County, born in 1990, the same age as Tan Songyun. In 2010, he was sentenced by Xuyong County People’s Court to two years’ imprisonment with a four-year reprieve for gathering a crowd to fight.
's father is the vice chairman of Xuyong County Federation of Literary and Art Circles. According to Litchi News, the staff of the Xuyong County Federation of Literary and Art Circles stated that Ma Fu has now retreated to the second line, but the person is still in the agency.
Some netizens questioned Ma's father or used his power to interfere in the judicial system. Ma's father responded: "I evade, I don't want to talk about such issues. I didn't say a word in the trial." He also said that the entire court trial was open. "Everything must be convicted and sentenced in accordance with legal procedures. We don’t know whatWhat situation. "
Tan Songyun and Chen's sons were dissatisfied with the perpetrator and his family members and never expressed their apologies. Ma's father said that after the accident, he sold his son's house in Chongqing and contacted the three victim families in hopes of compensation for medical expenses and hospitalization. Fei, etc., one of them accepted their cash compensation, the other two did not.
But as to whether people are concerned about whether Ma is involved in drug driving, Ma’s father did not respond.
Public opinion on Ma’s father and son Not buying it. The prosecutor also believes that Ma has a feeling of surrender, but he should be strictly controlled whether he is tolerant of leniency. His attitude of confession and repentance is different from other cases. To this day, Ma still has no regrets Ma did not actively perform compensation, did not obtain understanding, and did not resolve social conflicts.
Some people lack awe of the law
Tan Songyun’s mother’s collision is common but typical, and it affects everyone’s hearts for a while. Said: "Because it is a drunk driving escape, commercial insurance refused to pay, medical insurance can not report... If these families are unable to afford such medical expenses from the beginning, will they fall into the defendant’s care, medical insurance, The situation where auto insurance does not compensate, the injured and other deaths will fall into the vicious circle of the defendant’s heavier guilt and the heavier the sentence, the less willing to settle the claim? "
brought many questions from netizens about the case. Huanhuan interviewed Yi Shenghua, director of Beijing Yongzhe Law Firm, and Zhang Xingkuan, partner of Beijing Deheheng Law Firm.
Only one and a half years have passed since the trial was opened. Attorney Yi Shenghua’s explanation is that one is that the traffic police department must determine the cause of the traffic accident. After the determination, the responsibility for the accident must be divided, and then the next step will be investigated. This case is a traffic accident or dangerous driving crime. It is already a criminal case. After police investigation, the case was transferred to the procuratorate for endangering public safety, and then submitted to the court by the procuratorate.
In addition, factors affected by the epidemic should also be considered during the investigation of the case, and the investigating agency is handling the case investigation It took a lot of time to obtain evidence, so the court was held in the near future.
and the most concerned controversy of netizens-after the incident, Ma's urine test result was positive, but he denied that he had taken drugs during the trial. Claiming that “I don’t remember whether the urine test result was positive or negative.” An expert from the appraisal agency appeared in court as a witness and stated that the urine test was positive and the hair did not detect drug ingredients. It may be that certain drugs were taken, the structure of the drug and the structure of the identified drug There are similarities. In this regard, attorney Yi Shenghua said that whether the defendant is suspected of drug driving still depends on the evidence collected by the investigation.
Ma Moumou escaped after hitting a person and ran to Luzhou to hide. The police repeatedly persuaded him to surrender. Why The police did not arrest him directly?
Lawyer Yi Shenghua explained that, given the location of Ma’s hiding place, the police persuaded him to voluntarily surrender, which can save a lot of judicial resources.
Before this, Ma deliberately concealed himself. The act of drinking alcohol before the accident. In the view of Zhang Xingkuan, Ma’s performance will affect the judge’s judgment.
In addition to running into a person and being suspected of drunk driving, Ma’s performance during the live broadcast of the court trial even triggered netizens. The anger.
Yi Shenghua said that because some defendants lack awe of the law and are not afraid of the law, they will use body language to show themselves indifferent during the court trial. This is not uncommon.
Earlier reports mentioned that Ma Moumou’s case of gathering assaults in 2010 was a criminal record. Attorney Zhang Xingkuan said that because the previous case has been more than 5 years old, although the criminal record is not a statutory serious one, the judge will consider it as appropriate when handling this case. Ma has a conviction.
At present, Tan Songyun has proposed 5.01 million yuan in compensation, but Ma’s father previously said that he had refused the compensation. Lawyer Yi Shenghua believes that because life is priceless, the victim and family members consider their own spirits Or suffered a lot of losses in other aspects, forTherefore, it is their right to claim compensation. This country has relevant regulations for the perpetrator's pension compensation to the victim.
As for how Ma’s sentence was determined, lawyer Zhang Xingkuan stated that Ma did not actively perform the obligation of compensation after the incident, did not obtain the understanding of the victim’s family, and still has not resolved social conflicts, and should be considered when sentencing.
According to Article 133 of the Criminal Law, if a major accident occurs in violation of traffic and transportation management regulations, causing serious injury or death, or causing major losses to public or private property, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; escape after the traffic accident Or if there are other particularly bad circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.
Now, this case has attracted the attention of netizens, and the popularity has not diminished. Lawyer Yi Shenghua stated that public opinion on the Internet cannot influence the court's fair trial of the case, and its judgment will not deviate from the track of legal justice.
Although the 9-hour and 37-minute trial of the case ended, the aftermath of the case was not exhausted.
Defendant Ma Moumou and his family have no remorse for the victim and family members. This is the key to the anger of netizens. If netizens do not speak up for the victim, it is likely that one day, others will remain silent when they have an accident.
Tan Songyun Fang's lawyer Zhang Qihuai said before the trial that the perpetrator of this case, Ma Moumou, caused one death and two injuries in the car accident. Tan Songyun's biggest request is to severely punish the perpetrators.
In "In the Name of Family", Li Jianjian once yelled at the night sky passing by the meteors: "Mom, I am here, have you seen me?"
Maybe, Tan Songyun also said that to her mother at the time. Words...
believes that justice will not be absent this time, and Tan Songyun and the families of the other two victims will definitely be able to wait for a legal and fair judgment.
We will continue to pay attention to this case and hope that innocent people will not leave in vain...
