Police order

Chapter 161 "Criminal Law"

Such an accident is outrageous.

The construction elevator looks dangerous, but in fact, the safety factor is very high. This thing has a special anti-fall safety device. When the falling speed of the cage exceeds the rated value, the anti-fall safety device will play a role, and the cage will stop.

This thing is like the seat belt of a car. If you pull it slowly, it can be pulled out. If the speed is too fast, for example, if you pull it hard, it will get stuck.Moreover, the anti-fall safety device is regularly overhauled.

The head of the head of the construction site at the construction site is getting big, and the leaders who should come at this moment are all here, and they don't think about anything at the moment, just one purpose, this matter loses money, don't make a big fuss.The one in the hospital, it doesn’t matter how much money it takes, it must not die, it’s still a bit stressful to die two people!

This is a relatively professional construction site, and it can be seen from the fence alone that the fence is made high enough.Although there are roads that are not completely hardened and earthwork construction that has not done all wet work, the vehicles will be cleaned, the muck trucks will be transported in an airtight manner, and the materials on the construction site will also be covered. Generally speaking, it is not bad.

The probability of such an accident occurring on such a construction site is really too low.

All the workers were evacuated upstairs and downstairs. When they were evacuated, the leaders checked their mobile phones one by one, and they were not allowed to take pictures or send them out.

There are not many such news, and it is not that there are no such things.
For the practice at the construction site, the police are no strangers to it. Because someone died, the first priority of the police now is to analyze the cause of the accident, and it is the job of the hospital to save people.

Because he was still teaching today, Yan Da talked a little more first, and began to tell everyone about the situation at the Gaozhuo scene.

"I have studied the statistics of the high-fall scene. Basically, 75% of the high-fall scenes are suicides, and about 20% are accidents. Among the accidents, men accounted for more than 95%. This case is currently speculated to be an accident, but it cannot be ruled out. Some people maliciously sabotage, I have been in Liaodong for so many years, and there have been many accidents on the construction site, but most of them fell directly from the scaffolding, and the whole elevator broke down, which is really rare."

"Look, the deceased was wearing a black down jacket. There are obvious scratch marks and the force is very strong. This is obviously not caused by the high fall. It should be another person who used brute force to oppress the deceased at the last moment." Mr. Yan Da Frowning: "But this is difficult to determine, because the clothes of the dead body have been touched, and the doctor came to conduct a simple inspection of the body, and the fingerprints on the clothes are more difficult to extract."

After Yan Da talked a little, the survey started, and everyone stood two meters away, watching Yan Da operate first.Some people couldn't bear this kind of scene, so they stood behind everyone.

"Can this situation be considered an emergency avoidance?" Lu Ling asked You Shaohua in a low voice.Although the clothes have been touched, everyone can tell that the living person must have used the dead as a pad.At the moment of the fall, instinct made him react like this, but the dead person may not have reacted.

You Shaohua shook his head.

"Can't it be counted? That's right. Emergency avoidance means harming another legal interest in order to protect a greater legal interest under unavoidable circumstances. Human life is equal. In this case, it is intentional homicide." Lu Ling still wrote down some legal provisions of.

You Shaohua then shook his head: "It's hard to say, in this case, either both of them will die, or one will live, or it's better to live one. I guess, the possibility of overdoing the risk is relatively high."

"Too much risk avoidance?" Lu Ling asked.

"Maybe, I'll leave it to the court to convict." You Shaohua didn't care too much about this.

Seeing that You Shaohua didn't want to continue explaining, or maybe he didn't want to understand at all, Lu Ling looked around and saw Yan Yu, so he went over and asked again.

"Excessive risk avoidance?" Yan Yu shook her head lightly when she heard Lu Ling's question: "We rarely use the term excessive risk avoidance. Let's take legitimate defense as an example. There is a word called excessive defense. Defense The premise of excessive action must be that the behavior itself is a legitimate defense. Similarly, the premise of excessive risk avoidance is that the action belongs to emergency avoidance. Then you say, does the case in front of you belong to emergency avoidance?"

"It doesn't belong." Lu Ling shook his head.

"Yes, it doesn't belong. Since it doesn't belong, how could it constitute excessive hedging?" Yan Yu asked back.

"Er Yanyu, that's the case, why don't you explain to me why it doesn't belong to emergency avoidance?" Lu Ling didn't understand thoroughly enough either.

"Emergency avoidance, to put it simply, is to protect the high-ranking rights, and has to damage the low-ranking rights of the third party. Human life and human life are the same, equal, and both are the highest-ranking rights. You can't infringe on another person's right to life just to protect yourself. In this case, of course, it does not constitute emergency avoidance, and naturally it cannot be considered as excessive avoidance." Yan Yu explained softly.

Yan Yu chatted about this, and everyone around her was listening.Most people are not very interested in this scene, who loves to watch it!

What You Shaohua said is right, the police are only responsible for the investigation and other steps, how to convict and send the sentence to the court, which leads to this kind of case, the new policemen who are training here and You Shaohua don't know much about it.It's just that when encountering a specific case and hearing an explanation from a professional, I want to listen to it.

"Then is this a case of intentional homicide?" Lu Ling asked again.

Lu Ling asked a question that many people wanted to ask. If this situation is not an excessive risk avoidance, what is it?
"Of course not." Yan Yu shook her head: "He didn't intend to kill, he just wanted to survive."

"Ah, what is that? Negligent death?"

"I personally think that this is an instinctive survival response. No one wants this kind of accident to happen. In those very short seconds, the surviving people had too much desire to survive, and they adopted such a plan in an instant, which should not constitute a crime. We think about the problem from the idea that it does not constitute a crime. Naturally, the reason for the crime is not emergency avoidance, but the lack of subjective viciousness, and his behavior does not have the possibility of expectation, it is an instinctive reaction." Yan Yu thought for a while: "The law is not strong enough to make others difficult."

Seeing that everyone was thinking, Yan Yu and Lu Ling continued to explain: "It's as if the driver is driving on the highway and suddenly encounters an unexpected disaster, he will instinctively drive to avoid it. This behavior may kill the co-pilot or People in the back seat, in this situation, you can neither say that the driver is emergency avoidance, nor that he is deliberately killing people. This is an instinctive reaction, and he should not be condemned."

"Then, it's like the cave case. Two dying people were dying in the cave. One person ate the other. Is this also the case?" Lu Ling understood Yan Yu's words, but still I don't feel very understanding.

(End of this chapter)