Dalian BMW driver sentenced to death in the second trial: compared to how to sentence, how to solve the follow-up compensation

2022-05-08 0 By

On February 9, 2022, the Liaoning Higher People’s Court made a public judgment on the case of appellant Liu Dong endangering public security by dangerous means, rejected the appeal, upheld the original judgment, and reported to the Supreme People’s Court for approval of liu Dong’s death sentence in accordance with the law.The Higher People’s Court of Liaoning Province found that:At 11:40 on May 22, 2021, liu Dong, the appellant, was driving his BMW car from west to east along Wuhui Road, Zhongshan District, Dalian. Unable to accept the reality of failed investment, he suddenly accelerated, deliberately ran a red light, and collided with pedestrians crossing the road at the zebra crossing at the north gate of Wuhui Road Labor Park.Five people were killed, two seriously injured, four slightly injured and two injured.Liu then drove on to the intersection of Wuhui Road and Jiefang Road, where he rear-ended a van and stopped. Liu abandoned the car and fled the scene and was arrested in the afternoon.The Dalian Intermediate People’s Court of Liaoning province sentenced Liu Dong to death and deprived him of political rights for life after the first-instance verdict found him guilty of endangering public security by dangerous means.After the sentencing, the defendant Liu Dong refused to accept, put forward an appeal.Appeals court by a public trial that the appellant liudong because investment failure, venting in extreme way, driving speed on public roads in the center of the city area, deliberately rushed through a red light, collision is the pavement of pedestrians crossing the street, caused many people death, injury and property damage to others, the measures are extremely cruel, if the circumstances are especially bad, and the consequence is extremely serious,The above ruling was made after the first instance court determined that the facts were clear, the evidence was solid and sufficient, the conviction was accurate, the punishment was appropriate and the trial procedure was legal.The execution didn’t go away.I’m less concerned with the verdict than with the follow-up.Compensation: since this person can choose such an extreme way to retaliate against the society, there must be no property that can be executed, so the compensation for the innocent passers-by of 0 responsibility, must be responsible for the state.The problem is, if this is the result, the bereaved families of the victims are left with grief, the state bears a huge amount of compensation, and at the same time meets the demands of the perpetrator who does not want to live, it can be said that the perpetrator has won a big victory, without any punishment.Warning: although it is said that do not want to live with extreme revenge of the social heart of the gangsters are few and far between, but as long as there is a social loss that will appear absolutely incalculable.At the same time, it is hard to predict the cause of such paranoia, so how to minimize the probability of such incidents?I have two ideas. One is to investigate the reason why the gangster loses his reason and strike the chain so as to avoid the emergence of another person who loses his reason.Another is the appropriate use of torture, such as rape, sitting together, etc.Purpose is to alert those who lose reason, do not think that no matter how hard it is to do evil, you shot could easily release, there are always let you were dead in the way of the second sentence is not the final judgment, for ryu can be executed, may also be due to the defendant’s appeal, in the final judgment, or when the defendant does not appeal,It also needs to be reviewed by the Higher People’s Court and reported to the Supreme People’s Court for approval.However, no matter how the judicial process is carried out, these will not change Liu’s crimes, and it is only a matter of time before Liu is executed.In addition, the part of civil compensation in this case is also worth pondering.The court sentenced Yoo to death as well as a civil suit.But in fact, the performance of this part civil compensation, also by Liu mou existing can be used to carry out the limitation of property.After carrying on the investigation to liu mou property, there is the property that can be carried out, the court will bring into the execution procedure according to law, but there is no execution property or property cannot be disposed of, the victim and his family member will face the situation that civil compensation is not carried out in place.At present, incidental civil compensation and property penalty cases are faced with a large proportion of cases that have no property for execution or the discovered property can not be disposed of and cannot go through the execution procedure. Such a realistic dilemma, both to the court, victims and their families have brought great influence.To solve this problem, it is necessary not only for the court to use all means to execute, but also for the victim or his family members to actively provide execution clues and jointly promote execution.And liu’s investment failure, how much can be executed property, the victims and their families need to care about the next thing.So far, what we have learned about the case is mainly media reports that the suspect suddenly sped up without warning and rammed into the crowd without any difference and with a clear goal, resulting in 5 deaths and 5 injuries.This statement may seem inconsistent, but it is not.”No difference” means it doesn’t care who the crowd is;It’s targeted, it’s a crowd, it’s gonna kill people.In fact, the majority of friends including the answer Lord first reaction is that the case should be “dangerous methods to endanger public security crime” convicted punishment.However, the respondent noted that the first thought was “Crime of Endangering Public Security by a Dangerous Method” because the case involved a motor vehicle striking pedestrians, but after careful consideration, this case is different from most other cases where a motor vehicle striking a person is handled according to “Crime of Endangering Public Security by a Dangerous Method”.For example: Henan Shangqiu Maserati hit BMW case.In this case, the perpetrator had an accident while drunk driving. In order to escape the scene, he sped through the red light. As he was too drunk to control the vehicle, he directly hit the BMW waiting for the red light at the intersection, resulting in heavy casualties of the BMW driver.It is worth noting that the act of the perpetrator driving away at high speed regardless of public safety is indeed an obvious intentional act, but for the act of crashing into the BMW and causing serious casualties of the BMW passengers, at least there is no obvious positive pursuit of the situation, at best, it is a state of letting the harmful results happen.Calling him a “perpetrator” doesn’t quite fit in the common sense.But dalian case suspect (according to the current information from media, referred to as: “the perpetrator” should be enough) drive a motor vehicle collision pedestrians to innocent people were killed or injured, in order to achieve the purpose of “revenge society”, is a subjective deprive others of life intentionally, objectively in motor vehicle collision, just because the object who is doesn’t matter.Motor vehicle collision plus target is not specific most people in accordance with the “crime of endangering public security by dangerous methods” qualitative, from the constitution of the crime is not wrong, but the inherent logic of the answer to the Lord that there is no illogical place, this crime can not be fully objective evaluation of the crime.What if, instead of driving a motor vehicle, the perpetrator attacked people on the road with a machete?For example, a few years ago, the perpetrator of the Shanghai Elementary school student murder case was also to retaliate against the society and attract social attention. He killed elementary school students indiscriminately by means of knife and knife, and was sentenced to death immediately for intentional homicide.The main difference with this case is that the crime tools one is driving a motor vehicle, the other is stabbing.Just because a motor vehicle is defined as a crime of endangering public security by dangerous means is not completely logical.Of course, it is impossible for the outside world to fully grasp the details of the case. After all, evidence in criminal cases is a state secret.Let’s consider the question of the nature of the crime from another point of view. The circumstances of this case are bad, the social harm is great, and the social impact is also extremely bad. I believe it is the consensus of most people that the perpetrator should be sentenced to death.Let’s focus on the statutory structure of “endangering public safety by a dangerous Means” and “intentional homicide”.It can be said that in China’s criminal law, the most severe statutory punishment is the crime of intentional homicide, which can be basically said to be none of the common crimes.Cause direct view article original text.Sentences for crimes such as endangering public security by dangerous means are described as “more than 10 years imprisonment, life imprisonment or the death penalty”.The crime of intentional homicide is defined as “punishable by death, life imprisonment or more than 10 years of imprisonment”.The way the law is phrased is profound.It means that the principle of intentional homicide is punishable by death, and the death penalty is the basic punishment, unless there are other mitigating circumstances, otherwise it is punishable by “death penalty” according to the basic punishment.Ask, a even than ordinary homicides from the concept to heinous undifferentiated bump behavior (at speeds of up to 108 direct intentionally hit the pedestrians), and clear is to send innocent people to death, because investment failure, and then have no confidence in life, lost the power to live, but do not want to own quietly farewell, going to complain about the society.There are indeed such people in this society. When they are successful, they emphasize their subjective initiative and their real ability, so I have so much.When they fail, they blame the society and complain about the unfairness of the society;Give back when you have money?Are you kidding me? That’s what I earned.When you don’t have any money, you are all guilty in this cannibal society.That’s the mentality. Eat meat. Don’t get beaten.Can only enjoy, can not give.When they fail, they have to retaliate against society.Tui dalian this time the perpetrator Liu, their investment failure, and then produced the psychological revenge of the society.Chose to use the way of driving to the public road indiscriminately crush passers-by, resulting in five deaths and five injuries, the scene is extremely anti-social, extremely violent, extremely insane.The criminal Liu was arrested for endangering public security in a dangerous way. First, why is it not intentional homicide or traffic accident?One difference between the crime of endangering public safety in a dangerous way and the crime of intentional homicide or traffic accident is whether the scope of the object of damage is specific.The object of the crime of endangering public security in a dangerous manner is public security, that is, the life, health of an unspecified majority or the safety of major public or private property.It does not constitute an offence if the perpetrator infringes on a particular subject by a dangerous means and there is no danger to the life, health or safety of an unspecified majority of persons, i.e. public safety.The crime of intentional homicide or traffic accident is specific. In this case, the road is a public place, and the offender Liu is not to kill a specific person and carry out the collision behavior. Liu’s wanton collision on the road is the infringement of the safety of uncertain people, so it is a dangerous way to endanger public safety crime.