Lawyer

Chapter 546 Explosion Murder Case
After the court's decision, the Chen family refused to accept it, and appealed at the instigation of the attorney.Zhao Sixi and Wu Meifeng were required to pay 5 yuan for mental damage.

After the trial, the court of second instance held that the mental loss of 5 yuan claimed by the Chen family was groundless in law and should not be supported, and finally rejected the appeal request of the Chen family.

(Civil cases incidental to criminal cases or after a criminal case is judged, if the victim claims compensation for mental damage, the court will not support it. The legal basis is as follows. Interested book friends can check it out:
1、最高人民法院2000年12月4日发布的《关于刑事附带民事诉讼范围问题的规定》(法释[2000]47号)第一条第二款规定，“对于被害人因犯罪行为遭受精神损失而提起附带民事诉讼的，人民法院不予受理。”

2、最高人民法院2002年7月11日发布的《关于人民法院是否受理刑事案件被害人提起精神损害赔偿民事诉讼问题的批复》(法释[2002]17号)中明确规定：“对于刑事案件被害人由于被告人的犯罪行为而遭受精神损失提起的附带民事诉讼，或者在该刑事案件审结以后，被害人另行提起精神损害赔偿民事诉讼的，人民法院不予受理”。

Regarding the issue of compensation for mental damage, the Supreme Court’s tendentious opinion is: “Accompanied civil lawsuits should only be compensated for direct material losses according to the law, that is, compensation for actual damage caused to the victim by the criminal act, generally excluding death compensation and disability compensation. However, after mediation, if the defendant has the ability to make compensation and is willing to pay a larger amount, the people's court should support it; if the mediation fails, the defendant does not have the ability to make compensation, and the victim or his close relatives insist on claiming compensation in addition to compensation for material losses. , the People’s Court shall not support it.”)
The weather is getting colder day by day, the leaves are starting to turn yellow and fall one by one, autumn is already halfway through, and winter is coming soon!

This morning, Fang Yi was busy writing a summary of the case in the office. Sister Lan suddenly called him and asked him to go to Shengfeng Group in the afternoon and introduce a case to him.

As soon as Fang Yi put down his phone, Wang Deyou knocked on the door and walked in.

"Old Wang, what's the matter?" Fang Yi asked, seeing Wang Deyou frowning and his mind full of lawsuits.

"Well, are you free? I have a question." Wang Deyou asked.

"Why don't you ask for advice? Tell me." Fang Yi stood up, came to the sofa, and motioned for Wang Deyou to sit down and chat.

"Some time ago, I took a legal aid criminal case. The case happened in the village and it was not complicated. However, I was a little confused about the nature of the case. The facts of the case are as follows..." Wang Deyou introduced the situation of the case.

The criminal case Wang Deyou mentioned was a homicide case caused by a wedding gift.

At the end of last year, Ning Guoyi, the defendant in the case, was introduced to Zhu Qianhong from the old Zhu’s family in the neighboring village. After talking for more than two months, they received a marriage certificate at the urging of their families and held the wedding ceremony. After that, Zhu Qianhong moved to Ning Guoyi's house, and the two lived a married life.

Because of the lack of in-depth understanding between the two before marriage, the two have different lifestyles and no common language after marriage. The contradictions between them are deepening day by day, and they often quarrel.

Zhu Qianhong returned to her natal family less than three months after her marriage.Ning Guoyi went to the old Zhu's house several times to persuade Zhu Qianhong to go home, but Zhu Qianhong refused. Zhu Qianhong's parents turned to their daughter and sneered at Ning Guoyi.

At the beginning of April, Ning Guoyi went to Lao Zhu's house again to persuade Zhu Qianhong to go home, and Zhu Qianhong filed for divorce.Seeing that Zhu Qianhong was so determined to get a divorce, Ning Guoyi asked the old Zhu's family to return the gift money of 15 yuan.

This gift money is Ning Guoyi's savings for many years. He also borrowed a lot of money from relatives for the banquet, and owed a lot of money to the famine. He felt that Zhu Qianhong ran back to her natal family a few days after getting married and asked for a divorce. Too bad.

But the old Zhu's family thinks that their daughter is a big girl of Huanghua, and they have already obtained a certificate from you, Ning Guoyi, and they have settled things. It is also impossible to return it to the surname Ning.

Ning Guoyi became angry from embarrassment and harbored a grudge, so he had the idea of ​​killing Zhu Qianhong and taking revenge on the old Zhu's family.In the past, Ning Guoyi worked in a quarry on a nearby mountain for a period of time. Because he was very familiar with explosives, his main job in the quarry was to drill holes and fire cannons.When he is free, he will also make some homemade explosives to fry fish in the river.

When the idea of ​​taking revenge on Old Zhu's family came to his mind, he thought of explosives, so he made some homemade explosives.

In the middle of the night on May [-]th, Ning Guoyi took the explosives he made in advance to the west side of Lao Zhu's house to ambush.At about [-]:[-] in the morning, Ning Guoyi tied the two explosive packs together with a rope, ignited them, and secretly threw them in through the open rear window.

After a while, there was chaos in the house, and then two loud bangs came, half of the old Zhu's house was blown down. Zhu Qianhong died of suffocation due to the collapse of the house, and her parents and younger sister were slightly injured.

The surrounding neighbors' houses also trembled due to the explosion. The old Zhu's neighbors' houses were cracked to varying degrees, and the glass on the windows was shattered all over the place.The neighbors thought there was an earthquake, so they wrapped themselves in quilts and ran out with their children in their arms. It was only later that they found out that Lao Zhu's house had been bombed.

After investigation, the public security agency believed that Ning Guoyi was most suspected of committing the crime, so they went to Ning's house to look for Ning Guoyi. At this time, Ning Guoyi had absconded.

On May [-], the public security personnel arrested Ning Guoyi, who had absconded, and brought him to justice. Ning Guoyi admitted that he was responsible for the old Zhu's case.The case was soon transferred to the procuratorate, who charged the defendant Ning Guoyi with the crime of bombing to the Intermediate People's Court.

The Intermediate People's Court held that the defendant Ning Guoyi's intentional killing of Zhu Qianhong with homemade explosives in retaliation for Zhu's family after a dispute with his wife Zhu Qianhong due to family discord constituted the crime of intentional homicide and should be severely punished according to law.The facts of the prosecution's allegations are clear, but the accusation of Ning Guoyi's crime of bombing was improper. The verdict, the defendant Ning Guoyi committed the crime of intentional homicide, was sentenced to death and deprived of political rights for life.

After the verdict of the first instance was pronounced, the defendant Ning Guoyi appealed to the Provincial High Court on the grounds that he had no intentional homicide and his actions constituted negligent death.

After the trial, the Provincial Higher Court held that the appellant, Ning Guoyi, had a dispute with his wife due to family discord, and in order to vent his anger and retaliate against others, he made his own explosives and carried out the explosion premeditatedly and purposefully. Zhu Qianhong's laissez-faire attitude towards the life and health of her parents and sister and the safety of life and property of her neighbors should be punished as the crime of bombing.

In the end, the provincial high court ruled that the qualitative part of the criminal judgment of the intermediate court was revoked, and the appellant Ning Guoyi was convicted of bombing, sentenced to death and deprived of political rights for life.

(End of this chapter)