The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 157 The case looks simple, but it is actually complicated
Chapter 157 The case looks simple, but it is actually complicated
"Forget it, let's wait until the police find out the truth."
At last.
Qin Mu didn't bother with this matter anymore.
Lao Song didn't hear the conversation of several people clearly, so he couldn't judge the real reason of the matter.
can only say……
Those two girls went out to walk the dog without a leash, and the behavior of leaving afterwards was really chilling.
……
Shanshui Garden District.
Nine p.m.
After eating, Qin Mu took out his cell phone.
Idle bored.
I browsed the forum of the League of Law Study and registered an anonymous account.
Interacted cordially with the netizens above.
This forum is quite interesting.
I plan to play two games to relieve my mood.
But I received a message from Qing Lan.
"Up, I heard that there was a case of saving a dog from drowning in your city. Do you know what happened?"
Qin Mu was stunned for a moment.
Asked back: "You know so soon?"
After a few seconds.
Qing Lan replied quickly: "Now the internet is full of uproar, and everyone is discussing this matter. I only found out about this matter just after watching the video."
Qin Mu frowned.
I quickly searched the Internet.
as predicted.
Various platforms and various news media are releasing relevant reports on this incident.
There are also many related videos on the Xiaopo website.
They are all about two girls asking for help, which eventually lead to the incident of the boy falling into the water and drowning.
And many videos say different things.
Some versions say that the girl was calling for help, which made the boy mistakenly think that the person who fell into the water was a person, so he jumped into the river.
Some versions said that the girl walking the dog shouted to save "sister", and gave wrong information.
Some versions say the girl walking the dog had been rescuing the boy after he fell into the water.
Some versions say that the girl left after finding the dog...
There are different versions.
Although only the details are different, these details are enough to affect the whole picture of the whole incident.
And after seeing these videos, Qinglan...
Did not dare to comment rashly.
At least until the results of the investigation are announced, the truth of the incident will not be known.
However, driven by curiosity, she couldn't help finding Qin Mu.
"Up, it seems that the incident happened near the nursing home. Were there any witnesses?"
Qing Lan's heart of gossip ignited once again.
"An old man in the courtyard saw what happened, but he didn't know the details."
After thinking for a while, Qin Mu replied.
this matter……
It also fully shows that this society is not cold yet.
At critical moments, someone will always stand up.
only……
No matter how I think about the matter of going down the river to save the dog, I feel a little heartwarming.
"Then...does this count as being brave?"
After a few minutes.
Qing Lan sent another doubt.
Without even thinking about it, Qin Mu replied directly: "Of course!"
in law.
Related explanations are also given for the behavior of acting bravely.
It refers to an act of protecting the personal and property safety of others by fighting against illegal and criminal acts, or by means of emergency rescue, disaster relief, and rescue, regardless of their own safety.
Regardless of whether the boy knew he was "saving a person" or "saving a dog", it constituted a brave act.
Knowing that he was saving someone and going into the river was to protect the personal safety of others.
Knowing that he went into the river to save the dog, it was to protect the property of others.
and so.
In any case, this constitutes a righteous act!
……
at the same time.
Jincheng.
in a neighborhood.
Yan Jiayu and her best friend Liu Die are sitting on the sofa, watching TV.
on TV.
The local news is playing.
"At 16:17 this afternoon, a man under the age of [-] in this city drowned unfortunately because he heard the shouts of passers-by and went into the river to save others..."
The two watched the news and swallowed.
The two of them were the parties involved in this afternoon's incident.
in the afternoon.
They go out for a walk with the dog, habitually without a leash.
As a result, the dog accidentally fell into the river because of his playfulness.
The two were very anxious.
Call around for help.
Finally, two high school students responded.
One of them is 1.9 meters tall and the other is 1.7 meters tall and has a fatter build.
They thought they saw hope.
result……
"How did we know that he can't swim? If he can't swim, he just stays on the shore and has to go into the water by himself."
Liu Die pouted, her face very ugly.
Think back to the scene during the day.
They are still terrified.
A tall man of 1.9 meters, after going down the river...
Swim a few meters.
It sank directly.
They were so frightened that they could only scream.
Another high school student ran and chased him, but there was no way to save him.
And it didn't take long.
The dog climbed ashore by itself, and they left the scene in a hurry.
"Jiayu, you said we just ran away...would it be a problem?"
Subsequently.
Liu Die couldn't help looking at Yan Jiayu, her best friend.
The two of them are just ordinary office workers.
I shared a house in Jincheng.
The reason for leaving is mainly because I want to go to work tomorrow.
If they are involved in this matter, their day's wages will be gone.
"should be no problem."
Yan Jiayu thought for a while, and said seriously: "I recently followed an up, and learned a lot of legal knowledge from him."
"This kind of thing belongs to that student's dangerous self-enrollment behavior, and has nothing to do with us."
"We only asked him for help because we thought he was tall and thought he could swim. He can completely refuse..."
After the initial panic.
She is gradually calming down now.
Combining the knowledge I have mastered, I analyzed it.
By comparison.
She is calmer than Liu Die.
They were concerned at the time, thinking that the dog was going to be drowned, so they asked for help in a panic.
and.
They didn't say that it was a person who fell into the river, but kept calling for the dog to be saved.
The boy was not induced to go into the water.
And the other party...
It is too "enthusiastic".
In the case of not being able to swim, I still chose to go into the water.
They were really taken aback.
On this matter, the boy's companions can testify.
"That's fine, that's fine..."
Liu Die touched her heart, still feeling lingering fear.
After all, a life is lost.
They can't completely let go.
When the two comfort each other.
"Tuk Tuk Tuk-"
The door was knocked.
Yan Jiayu and Liu Die looked at each other, both trembling with fright.
I'm afraid it's the boy's family who came to seek revenge.
After confirming the identity of the outsider.
They dared to open the door.
"Hello, we are from the police station. Are your names Yan Jiayu and Liu Die?"
Shen Dao stood at the door, looking at the two seriously.
since the incident.
He has been investigating surveillance along the road, interviewing witnesses, and restoring the situation at the time of the incident.
this matter……
Intensified.
Nowadays, it is getting bigger and bigger on the Internet, and it must be handled properly.
"Yes."
The two swallowed and admitted their identities.
"This afternoon, on the bank of the river on the xxx section, your dog fell into the river, right?"
Followed by.
Shen Dao confirmed again.
The two continued to nod.
"Then come back to the institute with us first, and cooperate with the investigation."
Shen Dao didn't go around the bush either, and said straight to the point.
This matter is more complicated.
In the absence of monitoring...
In order to determine the original appearance of the facts, it is necessary to restore the event process based on the testimony of multiple witnesses and the dictation of the parties.
therefore.
After the incident, he immediately contacted witnesses nearby at the time of the incident.
In addition to Song Tiancheng, there were also sanitation workers who witnessed the accident in the distance.
only……
They are just witnessed from a distance.
Not an actual participant in the event.
Didn't know much about the case.
As for the high school students who walked with the drowning boy, they also made corresponding inquiries.
"Going to the place?"
Yan Jiayu and the two were a little reluctant.
"This case is of great importance. In order to eliminate your suspicion, please cooperate with our work."
Shen Dao nodded and said seriously.
"Suspect? What suspicion do we have?"
Liu Die listened.
As if he had been poked into a sore spot, he couldn't help retorting: "We didn't push him down, he went down by himself. We kept calling for the dog to save..."
Yan Jiayu also said: "When we saw him at the time, we also made it clear that the dog fell into the water."
Shen Dao nodded upon hearing this.
at this point.
From another high school student, he has been confirmed.
The two did not misrepresent "dog overboard" as "man overboard".
otherwise……
The two have constituted the crime of intentional homicide.
Using false and wrong information to induce others to take risks is considered intentional homicide.
"Don't worry, just record a statement and restore and confirm what happened."
Subsequently.
Shen Dao continued: "Someone drowned to save your dog, I believe you also want to find out a justice?"
Yan Jiayu and Liu Die lowered their heads slowly.
Biting his lower lip.
Suddenly stopped talking.
in fact.
There's one thing they've been choking on.
That was when the crime happened, after seeing the boy...
They would have been very happy.
Quickly ask for help.
And several people chased the dog along the river bank for a long time.
But he never got into the water.
Seeing the boy, they were still a little hesitant, so they just said casually, "You are tall, the water should not be deep".
indeed.
From the bank of the river, the water is indeed not that deep.
At last.
The boy also went into the water with confidence.
That's when the tragedy happened.
……
three hours later.
Jincheng Police Station.
Shen Dao walked out of the interrogation room.
During the separate questioning of the two men, he found that their testimonies were almost identical.
There is not much discrepancy.
They made it clear that they were saving dogs.
The drowning boy is also known to save the dog.
but……
But there is one more plot, that is, they deduced the sentence "the water is not deep" based on their personal experience.
Originally speaking.
Boys who cannot swim are less likely to enter the water.
After entering the water, perhaps there was an undercurrent, but the current was so fast that it washed the boy away from the shore.
The facts have been investigated almost.
But it is even more difficult to judge.
Subjectively, there was no deceitful or inducing behavior in the case, and objectively, both parties knew the danger of the behavior.
As for Yan Jiayu and Liu Die asking minors for help...
Of course not.
But it didn't break the law.
And the sentence they deduced that "the water is not deep" contributed to the boy's entry to a certain extent, and there is a high probability that it does not constitute a crime.
Because legally, there is a dangerous self-trapping behavior.
For example, disasters such as fires, floods, mudslides, etc., normal people know that there are dangers.
This is independent of human will.
Regardless of what others say is hype, the danger is always there.
and so……
Even though Yan Jiayu and his wife said "the water is not deep", it does not constitute a crime in criminal terms.
based on established facts.
The two do not bear criminal responsibility, but they need to bear corresponding civil compensation.
According to the relevant provisions of the Civil Code on acts of righteousness, if one suffers damage due to the protection of the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may make appropriate compensation.
If there is no infringer, the infringer escapes, or is unable to bear civil liability, and the victim requests compensation, the beneficiary should make appropriate compensation.
That is to say...
In this case, Yan Jiayu and Liu Die had to make corresponding civil compensation according to the degree of their fault.
In the drowning case, there is no tortfeasor.
But there are beneficiaries.
Yan Jiayu and Liu Die are both beneficiaries.
"What? We still have to bear civil compensation?"
After Yan Jiayu and Liu Die heard about this, they were both a little reluctant.
One life!
They are two migrant workers, how can they afford to pay?
"For specific matters, you should negotiate with the boy's family."
Shen Dao nodded and said in a deep voice.
After investigation.
Although the case was drowned, it was not a criminal case.
It is best for the parties to mediate in private.
"In addition, the boy's family was very angry when you left after the incident. You should apologize as soon as possible."
After a little thought.
Shen Dao said another word of persuasion.
The behavior of the two has no legal problems.
Law is only the minimum limit to morality.
Many immoral behaviors are not illegal, let alone crimes.
The boy was eager to help and acted bravely, but at the cost of his own life...
In this case, it is really chilling to walk away.
……
The next day.
In the nursing home.
After yesterday's events.
The topic of discussion in the courtyard was no longer suing the cafeteria aunt, but the boy's drowning case.
"I'm only sixteen or seventeen years old, just gone, the same age."
"The white-haired man sent the black-haired man. The boy's parents are probably going to die of grief."
"It's best to stay away from things like water and fire, and don't touch them."
"Xiaoqin, Xiaoqin, tell me, will those two girls go in?"
"..."
Zhang Qingyuan and the others sighed, feeling gloomy.
As I get older.
They are more emotionally sensitive than ordinary people.
The feeling of life and death...
Also deeper.
At last.
A group of people gathered in front of Qin Mu, wanting to know the possible fate of the two women walking their dogs without leashes.
Qin Mu shook his head: "Now the truth is unknown, so it's impossible to judge."
The case involved a lot of subjectively ascertained knowledge.
It seems simple, but it is actually complicated.
"What if the two little girls deliberately said they were saving lives and tricked the boy into the water?"
Zhang Qingyuan couldn't help asking.
Qin Mu frowned: "If it is found out that the two deliberately deceived the boy, falsely claiming that the one who fell into the water was her sister or someone else, causing the boy to have a wrong perception, jumping into the water to save someone, and drowning..."
"In law, the behavior of the two men has a direct causal relationship with the boy's drowning, which can constitute the crime of intentional homicide."
In the previous case where he and Liang Chengbin acted bravely...
A causal relationship has also been identified.
That time they chased the mugger, causing the mugger to run across the crosswalk.
But that's a dangerous self-inflicted act by a mugger.
They chased them bravely, and did not forcefully drive them away.
But in this case...
The two women asked for help, which was an active request for rescue.
If the information is concealed again, causing people to have misunderstandings and causing people to fall into the water, it is a clear cause and effect relationship.
According to the criminal law, it constitutes the crime of intentional homicide.
"Then...then what if the two little girls are talking about saving dogs, but the boy thinks they are saving people?"
Li Weiguo asked again.
Qin Mu thought about it.
Then he said: "In this case, there is unintentional misleading."
"When the two women asked for help, they did not explain the reason, which made the boy mistakenly believe that they were saving lives. There is also a causal relationship."
"However, this causal relationship is not intentional, and constitutes the crime of negligent death."
in law.
There is no concept of manslaughter, only negligent death.
And as a helper.
Obliged to explain all the circumstances to the rescuers and explain clearly the danger of the incident.
If misleading is caused by failing to clarify the situation, it also constitutes a crime of negligence.
Because of their mistakes...
This caused the boy to dive into the water in an attempt to save someone.
"Then... what if it is clear that it is to save the dog?"
Song Tiancheng swallowed his saliva and asked.
as an eyewitness.
He was far away at that time, and only saw the general passing.
Qin Mu went on to say: "If both parties knew that they were saving the dog and caused drowning, they would not be held criminally responsible."
under these circumstances.
There is no misperception.
There is no concealment of negligence.
That is to say...
All the actions were done by the boy based on his normal cognition and out of his enthusiasm for doing justice.
The act of jumping into the water...
It is dangerous to trap yourself.
Although the boy died as a result, there is no legal causal relationship with the two women.
Causation in the statutory sense...
There is a logical difference between peacetime identification.
"However, when a dog fell into the water, the two of them asked the minor for help out of panic, and let the minor go into the river. This behavior... still bears civil responsibility."
Speaking of it.
Qin Mu sighed softly.
Criminally it has nothing to do with them.
In terms of civil affairs, it has a lot to do with them.
The determination of compensation in civil matters is based on the degree of fault of both parties in the incident in the Civil Code.
Just like he encountered a black intermediary before and signed a contract to sue backhand.
There are fewer mistakes by one's own side, and most of the mistakes are in black intermediaries.
The more faults, the more liability.
this incident……
Two grown women walking their dogs off leash.
Seek help from underage boys.
Let it go.
Coupled with the behavior of leaving afterwards, at least half of the fault must be borne!
"Only half?"
After Zhang Qingyuan and the others listened, they felt a little indignant.
He expressed his incomprehension.
In their simple concept, this should be the full responsibility of these two women!
If it wasn't for them not pulling the rope, it wouldn't have caused subsequent accidents.
They yelled and asked the boy for help, which caused the boy to fall into the river.
Now everyone is gone.
Are they only half responsible?
"In law, that's true."
Qin Mu smiled wryly and sighed.
Although the behaviors of the two women are worthy of condemnation, the responsibility of the other half...
lies in the boy.
He is overzealous.
He overestimated himself and risked helping others.
If he had been a little more indifferent, watching with cold eyes...
Maybe he will be condemned by these two women, but he, and his family, will not be torn apart.
Blame only...
His parents educated him very well.
……
Zizhou.
A high-end neighborhood.
Holding her mobile phone, Qing Lan has been searching the Internet for information related to "rescue a dog from drowning".
after the incident.
She has been concerned about this matter.
And on the Internet, the heat of this matter is also getting higher and higher.
Various versions are rampant.
Fortunately, she kept Qin Mu's advice in mind, and did not participate in the matter before it was clarified.
And public opinion on the Internet...
From the initial condemnation of the two women, it gradually shifted to the discussion of doing what is right.
"I'm only 16 years old, I'm not yet an adult, but I lost my life because I saved a dog."
"So if you encounter such a thing in the future, whether you can help or don't help, and put yourself in it, people don't appreciate it, and there will be no good end."
"I heard that bravery for justice can add 20 points to the college entrance examination. He wouldn't take the risk because of this, right?"
"Is this what people say? They are eager to help others and act bravely for righteousness. You said that it is for extra points?"
"..."
Most people feel that when they act bravely, they should do what they can.
When I can't...
Don't try to be aggressive.
The most annoying...
Of course it's about asking minors for help.
In any case, the minors' abilities in cognition, crisis management, and xinxing are far from enough.
No matter how flustered these two women are...
Nor should you seek help from minors.
"I don't know when the official notice will come out."
Qing Lan sighed.
He took out his mobile phone and clicked on the forum of the Fa Study Alliance.
Going to pass the time.
result……
The forum of the Fa Study Alliance also caused an uproar because of this incident.
Everyone is talking about it, and the legal ramifications behind it.
Some people have even sorted out various "incident truths" and corresponding results based on the existing facts.
Both parties knew they were saving the dog.
A woman knew she was saving a dog, but lied that she was saving a person, which made the boy mistakenly think that she was saving a person.
A woman said she was saving a dog, but because she called the dog "sister", the boy mistakenly thought she was saving people.
There was a boy who didn't want to go into the river, but was kidnapped by a woman named Daodao.
There was a boy who didn't want to go into the river, but was fooled by a woman into going into the river very shallow.
Have……
Various guesses were listed by this group of netizens.
And the criminal responsibility and civil responsibility involved in the latter are inferred.
"It seems that this group of netizens... watched the video for nothing."
The corner of Qing Lan's mouth twitched, and she couldn't help but sigh with emotion.
She skimmed through the post.
Discover the analysis of these posts...
Very reasonable.
Several of the post owners heard that they were law candidates.
are closely following this event.
In addition to the resentment and grief over the incident, I also want to know whether their analysis is right or not.
----------
ps: Many people advised me not to write about this event, here are the reasons.
Guanyu did this not only to spread the word, but also because this incident happened not far from the neighborhood where I live, and I can see the river now.
The search and rescue scene at that time, as well as the cries of the boy's relatives, are vivid in my mind.
It took two full days to search and rescue.
Writing this plot is also a bit of a grievance in my heart.
In reality, I may be powerless and unable to help, so let’s write it in the novel.
(End of this chapter)
"Forget it, let's wait until the police find out the truth."
At last.
Qin Mu didn't bother with this matter anymore.
Lao Song didn't hear the conversation of several people clearly, so he couldn't judge the real reason of the matter.
can only say……
Those two girls went out to walk the dog without a leash, and the behavior of leaving afterwards was really chilling.
……
Shanshui Garden District.
Nine p.m.
After eating, Qin Mu took out his cell phone.
Idle bored.
I browsed the forum of the League of Law Study and registered an anonymous account.
Interacted cordially with the netizens above.
This forum is quite interesting.
I plan to play two games to relieve my mood.
But I received a message from Qing Lan.
"Up, I heard that there was a case of saving a dog from drowning in your city. Do you know what happened?"
Qin Mu was stunned for a moment.
Asked back: "You know so soon?"
After a few seconds.
Qing Lan replied quickly: "Now the internet is full of uproar, and everyone is discussing this matter. I only found out about this matter just after watching the video."
Qin Mu frowned.
I quickly searched the Internet.
as predicted.
Various platforms and various news media are releasing relevant reports on this incident.
There are also many related videos on the Xiaopo website.
They are all about two girls asking for help, which eventually lead to the incident of the boy falling into the water and drowning.
And many videos say different things.
Some versions say that the girl was calling for help, which made the boy mistakenly think that the person who fell into the water was a person, so he jumped into the river.
Some versions said that the girl walking the dog shouted to save "sister", and gave wrong information.
Some versions say the girl walking the dog had been rescuing the boy after he fell into the water.
Some versions say that the girl left after finding the dog...
There are different versions.
Although only the details are different, these details are enough to affect the whole picture of the whole incident.
And after seeing these videos, Qinglan...
Did not dare to comment rashly.
At least until the results of the investigation are announced, the truth of the incident will not be known.
However, driven by curiosity, she couldn't help finding Qin Mu.
"Up, it seems that the incident happened near the nursing home. Were there any witnesses?"
Qing Lan's heart of gossip ignited once again.
"An old man in the courtyard saw what happened, but he didn't know the details."
After thinking for a while, Qin Mu replied.
this matter……
It also fully shows that this society is not cold yet.
At critical moments, someone will always stand up.
only……
No matter how I think about the matter of going down the river to save the dog, I feel a little heartwarming.
"Then...does this count as being brave?"
After a few minutes.
Qing Lan sent another doubt.
Without even thinking about it, Qin Mu replied directly: "Of course!"
in law.
Related explanations are also given for the behavior of acting bravely.
It refers to an act of protecting the personal and property safety of others by fighting against illegal and criminal acts, or by means of emergency rescue, disaster relief, and rescue, regardless of their own safety.
Regardless of whether the boy knew he was "saving a person" or "saving a dog", it constituted a brave act.
Knowing that he was saving someone and going into the river was to protect the personal safety of others.
Knowing that he went into the river to save the dog, it was to protect the property of others.
and so.
In any case, this constitutes a righteous act!
……
at the same time.
Jincheng.
in a neighborhood.
Yan Jiayu and her best friend Liu Die are sitting on the sofa, watching TV.
on TV.
The local news is playing.
"At 16:17 this afternoon, a man under the age of [-] in this city drowned unfortunately because he heard the shouts of passers-by and went into the river to save others..."
The two watched the news and swallowed.
The two of them were the parties involved in this afternoon's incident.
in the afternoon.
They go out for a walk with the dog, habitually without a leash.
As a result, the dog accidentally fell into the river because of his playfulness.
The two were very anxious.
Call around for help.
Finally, two high school students responded.
One of them is 1.9 meters tall and the other is 1.7 meters tall and has a fatter build.
They thought they saw hope.
result……
"How did we know that he can't swim? If he can't swim, he just stays on the shore and has to go into the water by himself."
Liu Die pouted, her face very ugly.
Think back to the scene during the day.
They are still terrified.
A tall man of 1.9 meters, after going down the river...
Swim a few meters.
It sank directly.
They were so frightened that they could only scream.
Another high school student ran and chased him, but there was no way to save him.
And it didn't take long.
The dog climbed ashore by itself, and they left the scene in a hurry.
"Jiayu, you said we just ran away...would it be a problem?"
Subsequently.
Liu Die couldn't help looking at Yan Jiayu, her best friend.
The two of them are just ordinary office workers.
I shared a house in Jincheng.
The reason for leaving is mainly because I want to go to work tomorrow.
If they are involved in this matter, their day's wages will be gone.
"should be no problem."
Yan Jiayu thought for a while, and said seriously: "I recently followed an up, and learned a lot of legal knowledge from him."
"This kind of thing belongs to that student's dangerous self-enrollment behavior, and has nothing to do with us."
"We only asked him for help because we thought he was tall and thought he could swim. He can completely refuse..."
After the initial panic.
She is gradually calming down now.
Combining the knowledge I have mastered, I analyzed it.
By comparison.
She is calmer than Liu Die.
They were concerned at the time, thinking that the dog was going to be drowned, so they asked for help in a panic.
and.
They didn't say that it was a person who fell into the river, but kept calling for the dog to be saved.
The boy was not induced to go into the water.
And the other party...
It is too "enthusiastic".
In the case of not being able to swim, I still chose to go into the water.
They were really taken aback.
On this matter, the boy's companions can testify.
"That's fine, that's fine..."
Liu Die touched her heart, still feeling lingering fear.
After all, a life is lost.
They can't completely let go.
When the two comfort each other.
"Tuk Tuk Tuk-"
The door was knocked.
Yan Jiayu and Liu Die looked at each other, both trembling with fright.
I'm afraid it's the boy's family who came to seek revenge.
After confirming the identity of the outsider.
They dared to open the door.
"Hello, we are from the police station. Are your names Yan Jiayu and Liu Die?"
Shen Dao stood at the door, looking at the two seriously.
since the incident.
He has been investigating surveillance along the road, interviewing witnesses, and restoring the situation at the time of the incident.
this matter……
Intensified.
Nowadays, it is getting bigger and bigger on the Internet, and it must be handled properly.
"Yes."
The two swallowed and admitted their identities.
"This afternoon, on the bank of the river on the xxx section, your dog fell into the river, right?"
Followed by.
Shen Dao confirmed again.
The two continued to nod.
"Then come back to the institute with us first, and cooperate with the investigation."
Shen Dao didn't go around the bush either, and said straight to the point.
This matter is more complicated.
In the absence of monitoring...
In order to determine the original appearance of the facts, it is necessary to restore the event process based on the testimony of multiple witnesses and the dictation of the parties.
therefore.
After the incident, he immediately contacted witnesses nearby at the time of the incident.
In addition to Song Tiancheng, there were also sanitation workers who witnessed the accident in the distance.
only……
They are just witnessed from a distance.
Not an actual participant in the event.
Didn't know much about the case.
As for the high school students who walked with the drowning boy, they also made corresponding inquiries.
"Going to the place?"
Yan Jiayu and the two were a little reluctant.
"This case is of great importance. In order to eliminate your suspicion, please cooperate with our work."
Shen Dao nodded and said seriously.
"Suspect? What suspicion do we have?"
Liu Die listened.
As if he had been poked into a sore spot, he couldn't help retorting: "We didn't push him down, he went down by himself. We kept calling for the dog to save..."
Yan Jiayu also said: "When we saw him at the time, we also made it clear that the dog fell into the water."
Shen Dao nodded upon hearing this.
at this point.
From another high school student, he has been confirmed.
The two did not misrepresent "dog overboard" as "man overboard".
otherwise……
The two have constituted the crime of intentional homicide.
Using false and wrong information to induce others to take risks is considered intentional homicide.
"Don't worry, just record a statement and restore and confirm what happened."
Subsequently.
Shen Dao continued: "Someone drowned to save your dog, I believe you also want to find out a justice?"
Yan Jiayu and Liu Die lowered their heads slowly.
Biting his lower lip.
Suddenly stopped talking.
in fact.
There's one thing they've been choking on.
That was when the crime happened, after seeing the boy...
They would have been very happy.
Quickly ask for help.
And several people chased the dog along the river bank for a long time.
But he never got into the water.
Seeing the boy, they were still a little hesitant, so they just said casually, "You are tall, the water should not be deep".
indeed.
From the bank of the river, the water is indeed not that deep.
At last.
The boy also went into the water with confidence.
That's when the tragedy happened.
……
three hours later.
Jincheng Police Station.
Shen Dao walked out of the interrogation room.
During the separate questioning of the two men, he found that their testimonies were almost identical.
There is not much discrepancy.
They made it clear that they were saving dogs.
The drowning boy is also known to save the dog.
but……
But there is one more plot, that is, they deduced the sentence "the water is not deep" based on their personal experience.
Originally speaking.
Boys who cannot swim are less likely to enter the water.
After entering the water, perhaps there was an undercurrent, but the current was so fast that it washed the boy away from the shore.
The facts have been investigated almost.
But it is even more difficult to judge.
Subjectively, there was no deceitful or inducing behavior in the case, and objectively, both parties knew the danger of the behavior.
As for Yan Jiayu and Liu Die asking minors for help...
Of course not.
But it didn't break the law.
And the sentence they deduced that "the water is not deep" contributed to the boy's entry to a certain extent, and there is a high probability that it does not constitute a crime.
Because legally, there is a dangerous self-trapping behavior.
For example, disasters such as fires, floods, mudslides, etc., normal people know that there are dangers.
This is independent of human will.
Regardless of what others say is hype, the danger is always there.
and so……
Even though Yan Jiayu and his wife said "the water is not deep", it does not constitute a crime in criminal terms.
based on established facts.
The two do not bear criminal responsibility, but they need to bear corresponding civil compensation.
According to the relevant provisions of the Civil Code on acts of righteousness, if one suffers damage due to the protection of the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may make appropriate compensation.
If there is no infringer, the infringer escapes, or is unable to bear civil liability, and the victim requests compensation, the beneficiary should make appropriate compensation.
That is to say...
In this case, Yan Jiayu and Liu Die had to make corresponding civil compensation according to the degree of their fault.
In the drowning case, there is no tortfeasor.
But there are beneficiaries.
Yan Jiayu and Liu Die are both beneficiaries.
"What? We still have to bear civil compensation?"
After Yan Jiayu and Liu Die heard about this, they were both a little reluctant.
One life!
They are two migrant workers, how can they afford to pay?
"For specific matters, you should negotiate with the boy's family."
Shen Dao nodded and said in a deep voice.
After investigation.
Although the case was drowned, it was not a criminal case.
It is best for the parties to mediate in private.
"In addition, the boy's family was very angry when you left after the incident. You should apologize as soon as possible."
After a little thought.
Shen Dao said another word of persuasion.
The behavior of the two has no legal problems.
Law is only the minimum limit to morality.
Many immoral behaviors are not illegal, let alone crimes.
The boy was eager to help and acted bravely, but at the cost of his own life...
In this case, it is really chilling to walk away.
……
The next day.
In the nursing home.
After yesterday's events.
The topic of discussion in the courtyard was no longer suing the cafeteria aunt, but the boy's drowning case.
"I'm only sixteen or seventeen years old, just gone, the same age."
"The white-haired man sent the black-haired man. The boy's parents are probably going to die of grief."
"It's best to stay away from things like water and fire, and don't touch them."
"Xiaoqin, Xiaoqin, tell me, will those two girls go in?"
"..."
Zhang Qingyuan and the others sighed, feeling gloomy.
As I get older.
They are more emotionally sensitive than ordinary people.
The feeling of life and death...
Also deeper.
At last.
A group of people gathered in front of Qin Mu, wanting to know the possible fate of the two women walking their dogs without leashes.
Qin Mu shook his head: "Now the truth is unknown, so it's impossible to judge."
The case involved a lot of subjectively ascertained knowledge.
It seems simple, but it is actually complicated.
"What if the two little girls deliberately said they were saving lives and tricked the boy into the water?"
Zhang Qingyuan couldn't help asking.
Qin Mu frowned: "If it is found out that the two deliberately deceived the boy, falsely claiming that the one who fell into the water was her sister or someone else, causing the boy to have a wrong perception, jumping into the water to save someone, and drowning..."
"In law, the behavior of the two men has a direct causal relationship with the boy's drowning, which can constitute the crime of intentional homicide."
In the previous case where he and Liang Chengbin acted bravely...
A causal relationship has also been identified.
That time they chased the mugger, causing the mugger to run across the crosswalk.
But that's a dangerous self-inflicted act by a mugger.
They chased them bravely, and did not forcefully drive them away.
But in this case...
The two women asked for help, which was an active request for rescue.
If the information is concealed again, causing people to have misunderstandings and causing people to fall into the water, it is a clear cause and effect relationship.
According to the criminal law, it constitutes the crime of intentional homicide.
"Then...then what if the two little girls are talking about saving dogs, but the boy thinks they are saving people?"
Li Weiguo asked again.
Qin Mu thought about it.
Then he said: "In this case, there is unintentional misleading."
"When the two women asked for help, they did not explain the reason, which made the boy mistakenly believe that they were saving lives. There is also a causal relationship."
"However, this causal relationship is not intentional, and constitutes the crime of negligent death."
in law.
There is no concept of manslaughter, only negligent death.
And as a helper.
Obliged to explain all the circumstances to the rescuers and explain clearly the danger of the incident.
If misleading is caused by failing to clarify the situation, it also constitutes a crime of negligence.
Because of their mistakes...
This caused the boy to dive into the water in an attempt to save someone.
"Then... what if it is clear that it is to save the dog?"
Song Tiancheng swallowed his saliva and asked.
as an eyewitness.
He was far away at that time, and only saw the general passing.
Qin Mu went on to say: "If both parties knew that they were saving the dog and caused drowning, they would not be held criminally responsible."
under these circumstances.
There is no misperception.
There is no concealment of negligence.
That is to say...
All the actions were done by the boy based on his normal cognition and out of his enthusiasm for doing justice.
The act of jumping into the water...
It is dangerous to trap yourself.
Although the boy died as a result, there is no legal causal relationship with the two women.
Causation in the statutory sense...
There is a logical difference between peacetime identification.
"However, when a dog fell into the water, the two of them asked the minor for help out of panic, and let the minor go into the river. This behavior... still bears civil responsibility."
Speaking of it.
Qin Mu sighed softly.
Criminally it has nothing to do with them.
In terms of civil affairs, it has a lot to do with them.
The determination of compensation in civil matters is based on the degree of fault of both parties in the incident in the Civil Code.
Just like he encountered a black intermediary before and signed a contract to sue backhand.
There are fewer mistakes by one's own side, and most of the mistakes are in black intermediaries.
The more faults, the more liability.
this incident……
Two grown women walking their dogs off leash.
Seek help from underage boys.
Let it go.
Coupled with the behavior of leaving afterwards, at least half of the fault must be borne!
"Only half?"
After Zhang Qingyuan and the others listened, they felt a little indignant.
He expressed his incomprehension.
In their simple concept, this should be the full responsibility of these two women!
If it wasn't for them not pulling the rope, it wouldn't have caused subsequent accidents.
They yelled and asked the boy for help, which caused the boy to fall into the river.
Now everyone is gone.
Are they only half responsible?
"In law, that's true."
Qin Mu smiled wryly and sighed.
Although the behaviors of the two women are worthy of condemnation, the responsibility of the other half...
lies in the boy.
He is overzealous.
He overestimated himself and risked helping others.
If he had been a little more indifferent, watching with cold eyes...
Maybe he will be condemned by these two women, but he, and his family, will not be torn apart.
Blame only...
His parents educated him very well.
……
Zizhou.
A high-end neighborhood.
Holding her mobile phone, Qing Lan has been searching the Internet for information related to "rescue a dog from drowning".
after the incident.
She has been concerned about this matter.
And on the Internet, the heat of this matter is also getting higher and higher.
Various versions are rampant.
Fortunately, she kept Qin Mu's advice in mind, and did not participate in the matter before it was clarified.
And public opinion on the Internet...
From the initial condemnation of the two women, it gradually shifted to the discussion of doing what is right.
"I'm only 16 years old, I'm not yet an adult, but I lost my life because I saved a dog."
"So if you encounter such a thing in the future, whether you can help or don't help, and put yourself in it, people don't appreciate it, and there will be no good end."
"I heard that bravery for justice can add 20 points to the college entrance examination. He wouldn't take the risk because of this, right?"
"Is this what people say? They are eager to help others and act bravely for righteousness. You said that it is for extra points?"
"..."
Most people feel that when they act bravely, they should do what they can.
When I can't...
Don't try to be aggressive.
The most annoying...
Of course it's about asking minors for help.
In any case, the minors' abilities in cognition, crisis management, and xinxing are far from enough.
No matter how flustered these two women are...
Nor should you seek help from minors.
"I don't know when the official notice will come out."
Qing Lan sighed.
He took out his mobile phone and clicked on the forum of the Fa Study Alliance.
Going to pass the time.
result……
The forum of the Fa Study Alliance also caused an uproar because of this incident.
Everyone is talking about it, and the legal ramifications behind it.
Some people have even sorted out various "incident truths" and corresponding results based on the existing facts.
Both parties knew they were saving the dog.
A woman knew she was saving a dog, but lied that she was saving a person, which made the boy mistakenly think that she was saving a person.
A woman said she was saving a dog, but because she called the dog "sister", the boy mistakenly thought she was saving people.
There was a boy who didn't want to go into the river, but was kidnapped by a woman named Daodao.
There was a boy who didn't want to go into the river, but was fooled by a woman into going into the river very shallow.
Have……
Various guesses were listed by this group of netizens.
And the criminal responsibility and civil responsibility involved in the latter are inferred.
"It seems that this group of netizens... watched the video for nothing."
The corner of Qing Lan's mouth twitched, and she couldn't help but sigh with emotion.
She skimmed through the post.
Discover the analysis of these posts...
Very reasonable.
Several of the post owners heard that they were law candidates.
are closely following this event.
In addition to the resentment and grief over the incident, I also want to know whether their analysis is right or not.
----------
ps: Many people advised me not to write about this event, here are the reasons.
Guanyu did this not only to spread the word, but also because this incident happened not far from the neighborhood where I live, and I can see the river now.
The search and rescue scene at that time, as well as the cries of the boy's relatives, are vivid in my mind.
It took two full days to search and rescue.
Writing this plot is also a bit of a grievance in my heart.
In reality, I may be powerless and unable to help, so let’s write it in the novel.
(End of this chapter)
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