15-year-old boy wanted to stimulate
. He rode a motorcycle in the city at night and drove a racing bike in the city.
. He knocked a electric tricycle 13 meters away.
. The 164-year-old man died of serious injuries
. Recently, the verdict of this case was announced!
case review
Liaoshen Evening News 56
2021 On the evening of November 14, 2021, a blue electric tricycle in Yangzhou, Jiangsu was parked on a zebra crossing and was hit head-on by a motorcycle driving from west to east. After the accident, traffic police arrived at the scene and found that the front of the electric tricycle had been smashed to pieces. Two men fell to the ground, unconscious.
After investigation, it was found that the person who was hit was 64-year-old Chen, and the person who caused the accident was 15-year-old Wu, both of whom were injured in the accident. After treatment, Wu was out of danger of life, but Chen, who was hit, died of severe injuries.
The police investigated the scene of the accident and found that the electric tricycle was hit 13 meters away by a motorcycle. Combined with the driving trajectory of the motorcycle, the police believed that Wu was seriously speeding when the accident occurred. The police officer of the accident handling squadron of the Traffic Police Brigade of Baoying County Public Security Bureau of Yangzhou City said: "The speed of the motorcycle reaches 81-88km/h, which exceeds the speed indicated by the speed limit sign for more than 60%.
According to regulations, only those who are over 18 years old can apply for a driver's license. At that time, Wu was only 15 years old and could not obtain a driver's license at all. After further investigation, the police found that the motorcycle he drove still had a problem with a debit.
The police then visited Wu and his family and found that he had lived with his grandparents for a long time. His parents were busy with work and neglected to discipline him. The police said: "Wu dropped out of school before graduating from junior high school, and then kept hiking in the society. In April 2021, he was dealt with by the Baoying County Public Security Bureau for pulling a car door theft. Several people often went out to play late at night, drove motorcycles to various places, or did some illegal activities." On the night of the incident, in order to seek excitement, Wu drove in the urban area of Baoying , and ended up in a big disaster.
Subsequently, the police took administrative compulsory measures against Wu . Since the compensation amount between the two parties could not be negotiated, Chen's family sued Wu and his parents to Baoying County People's Court. The court found that Wu was fully responsible. Since he was a minor, the compensation for the deceased was paid by the guardian. At the same time, the court also issued a family education guidance order to Wu's parents, ordering him to fulfill his guardianship obligations. After the case and court judgment were announced, it caused heated discussion among netizens and raised a lot of questions, mainly focusing on criminal liability. So, let the editor of Qianwei Legal Publicity discuss relevant legal knowledge with you.
1►Why is Wu not criminally responsible for traffic accidents?
The main question of netizens is that the case is harmful and has serious consequences. Why is the perpetrator Wu not responsible for criminal responsibility?
has age division for the assumption of criminal liability. Article 17 of the " Criminal Law " in my country defines the age of criminal liability :
1. People over 16 years old are in the full criminal liability stage and are criminally responsible for committing all criminal acts.
2. People over 14 years old are under 16 years old and are in the relative criminal liability stage and are only criminally responsible for eight serious crimes.
3. People over 12 years old and under 14 years old who commit two serious crimes, with serious consequences and serious circumstances, shall bear criminal responsibility if they are approved by Supreme People's Procuratorate.
4. People under the age of 12 are in the stage of completely no criminal liability; they are not criminally responsible.
In this case, the perpetrator Wu is 15 years old and is in the stage of relative criminal responsibility. He is only criminally responsible for eight serious crimes. is "intentional homicide, intentional injury, causing serious injury or death, rape, robbery, drug trafficking, setting fire, explosion, and disposal of dangerous substances."The suspected crime in this case is traffic accident or endangering public safety. Both charges are not included in the above eight charges and are not subject to criminal liability.
[Law link]
Article 17 of the Criminal Law [Age of Criminal Responsibility] People who have committed crimes of a crime shall bear criminal responsibility.
People who are over fourteen years old and under the age of sixteen who commit intentional homicide, intentional injury, causing serious injury or death, rape, robbery, drug trafficking, setting fire, explosion, or disposal of dangerous substances shall bear criminal responsibility.
People who are over twelve years old and under 14 years old are guilty of intentional homicide, intentional injury, causing death, or causing serious injury by particularly cruel means, causing serious disability, and the circumstances are serious and the case is serious, and the Supreme People's Procuratorate shall bear criminal responsibility...
Although the perpetrator Wu is not responsible for criminal responsibility, the case handling department may order his parents or other guardians to discipline, or conduct special correction education.
[Law link]
Article 17, paragraph 5 of the Criminal Law If a criminal punishment is not given for being under the age of sixteen, his parents or other guardians shall be ordered to discipline him; if necessary, special correction education shall be carried out in accordance with the law.
" Law on Preventing Minors' Crimes " Article 45 If a minor commits acts stipulated in the Criminal Law and does not impose criminal punishment for being dissatisfied with the age of statutory criminal responsibility, the education administrative department and the public security organs may decide to provide special correction education for them after evaluation and approval by the Special Education Steering Committee.
2► The court issued a family education order to Wu's parents .
So, what is a family education order?
In this case, the court found that the minor Wu committed a criminal act, and admonished his parents or other guardians according to the situation, and could order him to receive family education guidance. Issuing a family education order is also one of the measures required by Article 17, Paragraph 5 of the Criminal Law to order guardians to discipline minors.
[Law link]
"Family Education Promotion Law" Article 49 If the public security organs, people's procuratorates, and people's courts find that minors have serious bad behaviors or commit crimes during the process of handling cases, or if the minor's parents or other guardians incorrectly implement family education to infringe on the legitimate rights and interests of minors, they shall be admonished to their parents or other guardians according to the circumstances and may order them to receive family education guidance.
3► Since you are not criminally responsible, then how to bear civil liability
? Who will bear it?
Although Wu, the perpetrator of the case, is not criminally responsible, the civil compensation liability must be borne and shall be borne by the guardian of the minor Wu.
people's civil capacity is also divided by age, which is different from the age classification of criminal liability. The " Civil Code " stipulates that persons with full civil capacity at the age of 18, persons with limited civil capacity at the age of 8 to 18, and persons with limited civil capacity at the age of 8, and persons with no civil capacity at the age of 8. If a minor child is a person with no civil capacity or a person with limited civil capacity, and causes damage to others, the guardian shall bear tort liability.
In addition, you can only apply for a driver's license at the age of 18. At that time, Wu was only 15 years old and could not obtain a driver's license at all. This case is about driving without a license. Even if the vehicle purchases insurance, the insurance company can refuse compensation on the grounds that it is because it is not licensed to drive without a license.
[Law link]
Article 17 of the Civil Code Natural persons over the age of 18 are adults. Natural persons under the age of eighteen are minors.
Article 18 Adults are persons with full civil capacity and may independently implement civil legal acts .
Minors over the age of sixteen who use their labor income as their main source of living shall be regarded as full civil capacity people.
Article 19 Minors over the age of eight are persons with limited civil capacity, and their civil legal acts shall be represented by their legal representatives or approved by their legal representatives; however, they may independently perform civil legal acts that are purely profitable or civil legal acts that are compatible with their age and intelligence.
Article 20: Minors under the age of eight are persons without civil capacity, and their legal representatives shall act on their behalf to carry out civil legal acts.
"Civil Code" Article 1188 If a person without civil capacity or a person with limited civil capacity causes damage to others, the guardian shall bear the tort liability. If the guardian fulfills his guardianship responsibilities, his or her tort liability may be reduced.
If a person with property without civil capacity or person with limited civil capacity causes damage to others, the compensation fee shall be paid from his or her property; the guardian shall compensate him or her if the insufficient part is paid.
4►Traffic accident Personal injury compensation How to calculate ?
The victim's claim includes personal injury compensation and property damage compensation. Property losses are calculated according to the market price or evaluation when the losses occur. Compensation for personal injury is calculated according to the standard of per capita disposable income of resident in the previous year where the court is located. Compensation items mainly include medical expenses, loss of work, nursing expenses, transportation expenses, accommodation expenses, food allowances during hospitalization, nutrition expenses, appraisal expenses, disability compensation , disability assistance equipment expenses, funeral expenses, living expenses for dependents, , death compensation, mental damage compensation , etc. " Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases " has made clear provisions on the above compensation items, and will not be repeated here.
Source: Department News Office
