When the driver bump into a doctor, he delays the treatment of indirect intentional homicide and is sentenced to 10 years imprisonment.

category:Global
 When the driver bump into a doctor, he delays the treatment of indirect intentional homicide and is sentenced to 10 years imprisonment.


Today, the Legal Daily reporter has learned from the high peoples Court of the Ningxia Hui Autonomous Region that the case, after two years of three trial, has recently made a final adjudication to maintain the first trial, that is, the accused Wang Chongfans intentional homicide and sentenced to ten years in prison. The victim died on the route of medical treatment The hearing of the first instance court found that at 18:30 on January 23, 2016, the defendant Wang Chong drove the Buick brand small ordinary bus, along 307 National Road from west to east to the 307 National Road and the T intersection of the rendezvous Road intersection of the Yanchi City, Yanchi County, and the two wheel of J Bozeman driving the victim in the same direction. Electric bicycle rear end collision caused a quarterly injury, two vehicles damaged road traffic accidents. After the accident, Wang Chongwei called the police and did not call the emergency phone. Instead, he put the victim in the car and drove away from the scene. At 18:52 on the day, Wang Chong drove from west to East through the rendezvous of the West Street of Yanchi County and Wuyuan Road, turning left to Etuokeqianqi, the Inner Mongolia Autonomous Region. At 19:36, the toll station of oqian banner entered the urban area of Huqian banner. To 21 and 06 minutes, the toll station of oqian County went to Yinchuan, and reached the north gate of the hospital of the Ningxia Hui Autonomous Region peoples Hospital at 23 and 07. Wang Chong entered the hospital department hall after checking and returned to the car, and put the victim into the corridor on the east side of the first floor hall to the bathroom door. Wang Chong drove away. At 23:20 on the same day, the victim was discovered and killed after being examined. It was identified that it died of hemorrhagic shock. After the court mediation, Wang Chongs family and the families of the victims reached a conciliation agreement. The family of Wang Chong paid 350 thousand yuan to the families of the victims, and Wang Chong obtained the understanding of the families of the victims. One trial of the peoples court in Yanchi County held that the defendant Wang Chong drove the vehicle after the traffic accident to escape the law, and left the victim away from the scene of the accident, resulting in the death of the victim, which had constituted a crime of intentional homicide. Wang Chong has taken the injured victim away from the scene to make the victim get active treatment, knowing that his behavior may lead to the result of the death of the victim, and the occurrence of the laissez faire result is subjectively indirect intentional; objectively, the victim does not get the time of treatment and death, so Wang Chong should be injured. The consequences of a persons death bear the responsibility of intentional crime. Wang Chongs family members compensated the economic loss of the victims family members and obtained an understanding. He was sentenced to ten years imprisonment for Wang Chongfans intentional homicide. Decision of the court of second instance to maintain the first trial After the first trial, the peoples Procuratorate of Yanchi County, with the subjective malignancy of the defendant Wang Chong, did not have a statutory leniency and a mitigating circumstances, and the original sentence was sentenced to ten years in prison, which belongs to the punishment of the penalty and the light of sentencing, and has been supported by the peoples procuratorial Hospital of Wuzhong City. Wang Chong, the defendant, appealed on the grounds of excessive sentencing. The second trial of the intermediate peoples court in Wuzhong City believes that after the traffic accident, Wang Chong drove the vehicle to escape the law, and left the victim away from the scene of the accident, resulting in the death of the victim, which has constituted a crime of intentional homicide. After the traffic accident, Wang Chong not only did not call the police in time, dialed the first aid phone and asked for help to the pedestrians. Instead, he took the victim to the car and drove away from the scene. After the salt pool, Etuokeqianqi, Yinchuan and other places, after more than 4 hours, the victim was abandoned to the first floor of the hospital of the peoples Hospital of Ningxia autonomous region. Finally, the victim was killed. People died of hemorrhagic shock. Conforming to the characteristics of indirect intentional homicide After the second trial was declared, the peoples Procuratorate of the Ningxia Hui Autonomous Region brought up the protest, the reason is that Wang Chong has the direct intention to pursue the result of the death of the victim actively. The behavior of the victims after Wang Chongs traffic accident is essentially a hidden behavior that hinders and delays the victims to be treated in time and causes the victim to die. This hidden behavior fully reflects the subjective heart of Wang Chongs positive pursuit of the death result of the victim. Wang Chongs objective behavior shows his subjective intention to pursue the result of the death of the victim. The objective behavior is as follows: one is that after the Wang Chong driving vehicle is hit by a person, neither the 120 emergency telephone nor the 110 alarm call is dialed. Two, from the perimeter of the case, Wang Chongji did not ask for help to the road vehicles, nor to the nearby shops and restaurants near the scene of the case. Three, when the traffic accident happened, it was dark. When Wang Chong drove the accident vehicle to the crossroad at the intersection of the National West Street and Wuyuan road in Yanchi County, it did not choose to go straight or turn right to the salt pool county and have a road light. Bright street lights, surrounded by a dark traffic route, and then on the turntable of high-speed intersection to Etuokeqianqi, Inner Mongolia. Therefore, from Wang Chongs choice of route, it can not be seen that its subjective purpose is to save the victim. Four is Wang Chong driving the accident vehicle pulling the victim from the salt pool to the victim to the peoples Hospital of the Ningxia autonomous region for nearly five hours. During that time, Wang Chongke has many ways and means to help others to cure the victim, but Wang Chong has not been actively seeking help from him from the beginning to the end, and has not been to the person himself. Any treatment for the injured wound. From Wang Chong driving the victim to the peoples Hospital of Ningxia autonomous region and the whole process of abandonment, the subjective aim is not to save people, but to avoid the act of law. After hearing the Ningxia high court, Wang Chong thought that intentional homicide was indirect intent rather than direct deliberate act. Direct intentional homicide has a clear purpose of killing, and its behavior will cause the death of the victim, holding the hope of the attitude; and indirect intentional homicide, the victims death results do not actively pursue, but take a laissez faire attitude. In this case, Wang Chong and Ji Mou did not know each other. There was no definite purpose of killing, nor did they want and actively pursue the death of the victim. But in more than 4 hours of driving, Wang Chongming knew the victims body bleeding, but not actively rescuing, letting the victim die of death; after being sent to the hospital, after the death of the victim, the victim was abandoned and fled, with the intention of escaping the law. Judging from Wang Chongs subjective mentality and behavior, it accords with the characteristics of indirect intentional homicide. This case is changed from Wang Chongs traffic accident behavior to indirect intentional homicide, which should be different from the general intentional homicide case. In view of the positive compensation for the economic losses of the relatives of the victims after Wang Chongs case, the understanding of the relatives of the victims has been obtained, and the criminal plot of Wang Chongs subjective and malignant general is taken into consideration. The original sentence has been sentenced to ten years in the legal sentence of Wang Chong, and there is no misconduct, so that the final adjudication will be made and maintained. Judge the original sentence. The source of this article: editor in charge of Legal Daily: Zhang Xianchao _NN9310 After hearing the Ningxia high court, Wang Chong thought that intentional homicide was indirect intent rather than direct deliberate act. Direct intentional homicide has a clear purpose of killing, and its behavior will cause the death of the victim, holding the hope of the attitude; and indirect intentional homicide, the victims death results do not actively pursue, but take a laissez faire attitude. In this case, Wang Chong and Ji Mou did not know each other. There was no definite purpose of killing, nor did they want and actively pursue the death of the victim. But in more than 4 hours of driving, Wang Chongming knew the victims body bleeding, but not actively rescuing, letting the victim die of death; after being sent to the hospital, after the death of the victim, the victim was abandoned and fled, with the intention of escaping the law. Judging from Wang Chongs subjective mentality and behavior, it accords with the characteristics of indirect intentional homicide. This case is changed from Wang Chongs traffic accident behavior to indirect intentional homicide, which should be different from the general intentional homicide case. In view of the positive compensation for the economic losses of the relatives of the victims after Wang Chongs case, the understanding of the relatives of the victims has been obtained, and the criminal plot of Wang Chongs subjective and malignant general is taken into consideration. The original sentence has been sentenced to ten years in the legal sentence of Wang Chong, and there is no misconduct, so that the final adjudication will be made and maintained. Judge the original sentence.