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Started 10 years ago by seoikt1z2

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 Intentional homicide defendant sentenced to 10 years to prepare the appeal, she said that the family of the deceased have said too little money-losing appeal because the driver refused to pay 40 yuan parking fees, car parking in the Xidan a slow death parking administrator, yesterday afternoon, the Second Court of First Instance of intentional murder and sentenced Yang Xueou 10 years in prison, his father was sentenced due harboring 1 year imprisonment, suspended for 1 year. At the same time,http://www.k2.t.u-tokyo.ac.jp, the court Yang Xueou compensate families of the deceased funeral expenses and other 4.3 million yuan. Family of the deceased that the amount of compensation is too small, ready to appeal. Legal experts told the "Legal Evening News" reporter, according to the newly revised Criminal Procedure Law, death compensation claims are excluded from criminal incidental civil action. And more of the judges said that in previous cases, death compensation accounted for most of the proportion of the total amount of compensation. On Beijing's standards, death compensation awarded seven urban residents amounted to 12.8 million rural residents of four million. Yesterday's verdict constituted intentional homicide compensation 43000 The case of January 27, 2013 21 am, the driver in the North West of Beijing Huayuan Shunda associated parking, because 40 yuan parking fees and parking administrator dispute Ding, Ding hand pulled at the door , Yang Xueou drive fast to leave, leading to Ding was thrown fell dead. Yangsong Nan Yang Xueou knowingly suspected criminal, still driving the sent to the Huludao City, Liaoning Province. 3 days after the incident, Yang Xueou arrested. voluntarily surrender later. Prosecutors believe that should be investigated for intentional homicide Yang Xueou criminal responsibility, should be investigated for the crime of harboring Yang Songnan criminally responsible. Ding family members filed a criminal with civil compensation, compensation claim Yang Xueou 72 million yuan compensation for death, funeral expenses, a total of 88 million yuan. When hearing the case, and his defense lawyers argued, Yang Xueou not murder, but criminal negligence. According to court submissions identified confirmed the incident was the driver will auto throttle in the end for some time, it can be clearly seen by the left rearview mirror Dingmou deceased. Yang Xueou court finds intentional homicide. Second Intermediate Court of First Instance of intentional murder and sentenced to 10 years in prison Yang Xueou, Yang Songnan because harboring crime was sentenced to 1 year imprisonment, suspended for 1 year. The court also to compensation for death, mental solatium not within the jurisdiction of the law of criminal incidental civil action on the grounds, dismissed the claims of two plaintiffs, the court found, because intentional homicide, causing direct losses to the plaintiff 4.3 million yuan, sentenced Yang Xueou compensation for families of the deceased funeral expenses and other 4.3 million yuan. Reporters visited the family did not pay enough money pillar also account Yesterday afternoon, reporters once again came to the dead Ding located Fuchengmen macro tower alley's house,http://honeybadgerpress.ca/node/150#comment-5426126, his lifetime and his wife live here, hut no change, a foldable table, two beds will be less than 10 square meters Space stuffing. After Ding died, his wife Lee to save money, and a relative rented this room, so that we can share the rent of 800 yuan per month. Relatives also in parking fees, the bed hung a blue overalls,http://store.shopping.yahoo.co.jp/spark-inc/kit-35w-h4rl-369.html, printed yellow words "West Side parking" armband eye-catching. Lee lying in bed,http://palevo.com/gallery/displayimage.php?pid=104743/index.php, occasionally turned his head, but also saw her crying swollen eyes, daughter Xiaoqin sitting on the bed without saying a word. They just got the verdict buckle on the table, revealing a red "Second Intermediate People's Court," the seal. Mr. Ding Gege Ding told reporters that afternoon, a man went to court, but did not expect a result like this, "Although identified as intentional homicide, sentenced to only 10 years, a pillar of the family died, only to lose four 20,000 yuan, were not white dead? still not paying the money to pay account, we can not accept. " "He was 47 years old,scarpe mbt outlet, his son just last year admitted to Yunnan University, tuition is necessary to 18,000 yuan a year, not counting the cost of living." Ting said after the accident, siblings hit, almost lost the ability to work, and now the family The working life to rely on more than 2000 yuan niece living wage. "Last year buried his father, the family spent nearly 30,babyliss curl secret,000 yuan,scarpe mbt outlet, are the uncles who scrape together now to go to school for his brother, has been very difficult. My father in 2008 in his hometown of pig, caught swine fever lost more than 10 million, and now the family still owes the bank more than 60,000 yuan. "Xiaoqin said. Reporters saw the inside of the stove is hot with rice, no cooking, there are half a bottle of hot sauce on the table. Xiaoqin said: "Yes noon leftover rice, we Xiaogan people, eat spicy, hot sauce is a meal on the spot." Both sides say the defendant had agreed to pay 550,000 Ding told reporters that last year, in the Procuratorate for examination stage, they have families and Yang Xueou conducted two consultations, Yang Xueou family was willing to come up with 550,000 as compensation, but the premise is dead this side to issue a letter of understanding. "The other said, as long as the Procuratorate identified as wrongful death,http://www.health8.com/cgi-bin/yybbs/yybbs.cgi, not to intentional homicide prosecution, on compensation 550 000, we also agreed. But in the end Procuratorate of intentional murder prosecution, the other party does not agree to pay." Ting said that two months ago,mbt outlet, the court stage, he and families conducted a second consultation,http://www.rockclimbing.com/cgi-bin/photos/page.cgi, "Yang Xueou family said, as long as the family of the deceased understanding, court sentencing in 5 years,http://www.twylh.com/forum.php?mod=viewthread&tid=212071, would have to be appended to compensate 600 000, when both sides agreed. But the judge said after the collegial panel collegial, regardless of compensation, must be more than 10 years in prison. So again indemnify the other party does not agree. " Eventually, the family unanimously decided to file an appeal. Yang will appeal the decision too , Correspondent telephone contact attorney Yao away this morning. For both parties to do, Yao Yuan said that in the prosecution phase, the two sides really were consulted, when Yang is willing to come up with 550,000 as compensation, "but because the Procuratorate did not agree to give up. Yang has been willing to compensate,scarpe mbt, but Yang did not rich, Yang Songnan just ordinary workers, compensation payments are Yang Xueou friends Minato. " For additional compensation claims to 600,000, Yao Yuan said it is not clear. Yao Yuan said, "the decision is too heavy for Yang Xueou should as criminal negligence, Yang will appeal." Legal Interpretation No "death benefit" the reduced amount of at least 400,000 Professor of Criminal Law of China University of Political Hongdao De told the "Legal Evening News" reporter, according to the newly revised Criminal Procedure Law 2013 Article 99 stipulates that the victim due to the defendant's criminal act suffered "material loss" for the right to initiate criminal incidental civil action. The new judicial interpretation of the Code of Criminal Procedure "material damage" to define the Article 155: medical expenses, care, transportation expenses, lost income, funeral expenses and fees with disabilities assisted living. This means that claims about death compensation is explicitly excluded from criminal incidental civil action. According to "Supreme People's Court on the trial of personal injury compensation cases applicable to a number of issues of interpretation" Article 29 stipulates that death compensation in accordance with the Court of Appeal by the seat of one year of urban residents per capita disposable income or per capita net income of rural residents standard, according to 20 Calculation. More than judge told reporters, before the new law introduced amount in criminal incidental civil action, the death compensation accounted for the vast majority of the total claims. On Beijing's standards, a town resident was injured to death, death compensation is generally awarded seventy to eighty million rural residents of up to about forty to fifty million. After the introduction of the new law, an amount equal to those parties much less per compensable. For the implementation of difficult considerations preclude "death benefit" When amending the law, why would exclude compensation for death? People's University Law School professor, told the media CPL specialist Weidong explained that the scope of criminal incidental civil action for compensation, the theory and practice has been controversial. Respect the court from the perspective of judicial practice, proposed to exclude compensation for death compensation the criminal incidental civil action on the grounds that excessive amounts Panpei, likely to cause "empty judgment", "difficulty in enforcement." And the sound of the stand against it, only high compensation to resolve social conflicts. In the end, the legislature made a compromise in matters of criminal incidental civil claims defined under the premise of "material loss" clearly incidental civil mediation can facilitate actual victims receive compensation. Another lawsuit families of the deceased to increase the burden of proof Professor Hung said the family of the deceased may bring a civil action separate case. However, too much to handle similar cases in Beijing lawyer Liu Lin double benefit, he said Lingan bring a civil action,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=239, the deceased basis having to pay a certain percentage of the claim amount of legal fees, and incidental civil action is not required contributory. Meanwhile, a separate civil action, the bereaved families in the burden of proof, the need to take on more of a legal obligation, but in criminal incidental civil action, the family of the deceased to a lesser burden of proof. Text and photo / Legal Evening News reporter Zhang Lei (Original title: slow death toll driver lost 43000) 

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