2009 0 1 2 1 22:43:00
Germany is a great country. Only in the criminal law appeared the father of modern criminal law-old Feuerbach (the father of Feuerbach's philosophy), who molested our teacher in the philosophy class for this matter. Beccaria is the father of modern criminal law. Let's talk about a very famous and interesting horse addiction case in criminal law history.
This happened in 1896 (that is, the tenth year that karl benz applied for a patent for his diesel tricycle), but we should start from 1895 (that is, the tenth year that karl benz invented the diesel tricycle):
Although the steam car technology was very mature as early as the middle of19th century, due to distrust of steam car technology, many countries restricted the development of cars (especially in English, 1865 has a damn red flag law, which stipulates that the speed of steam cars should not exceed 6.5 miles per hour, cars should avoid cars, and people should raise red flags to clear the way when they meet cars in downtown areas. It is estimated that there was no sense of superiority when driving, and depression may spread all the way. At the time of this case, the Act was still in force in Britain. Probably the earliest motor vehicle management regulations). At that time, Big Ben was also a rarity in Germany. It is said that once Mercedes-Benz's wife took her two sons for a test drive, not for a ride, but to push the cart uphill to a muddy place. It is somewhat similar to the chariot in China during the Spring and Autumn Period and the Warring States Period, followed by a lux cart.
The above is the background. It should be noted that carriages were as popular as cars at that time. Carriages at that time were more comfortable and luxurious than those at home. Due to the invention of the reducer (composed of bevel gears), the carriage can travel at high speed and turn. Some of them are also equipped with leaf springs, which are really comfortable to sit on (see boule de suif's carriage). Hey, that's beside the point! ! !
Since it is a case and a criminal case, there must be a defendant. The defendant is a carriage driver (as the saying goes, driver, because he is my brother, I forget his name, hereinafter referred to as driver). The driver found a good job in 1895, that is, driving a carriage in a carriage rental company. I estimate that due to the development of automobiles, it may have had a certain impact on the carriage industry at that time, so the coachman cherished his work and was very dedicated. The terrible thing is that one of the two horses he pulled was a winding horse. Generally speaking, a horse has a childlike innocence. For fun, it always wraps its tail around the reins and presses down hard. The driver is really depressed about this, and there are almost no car accidents. Fortunately, this is a dedicated driver, so he went to the boss for this matter: "Mr. Manager, I have a horse that is always not working well, which affects my driving." I almost had an accident several times. Please change it for me. The accident is no joke. "
The boss looked at the driver: "You are really a good comrade who loves his job and is dedicated to his work. I already know what you reflected. At present, we have no suitable Malay substitute. Isn't something wrong? The horse problem shows that you are a good driver. Go back, change horses or you. Don't mention it again. " The coachman had to keep fighting with the naughty pony, trying to change the habit of the horse, but the coachman was not an old horse after all and could not change the bad habit of the pony until July 1896.
That day, the weather was fine and the horse was in a good mood. Of course, the driver was in a bad mood and drove his carriage at high speed in the street as usual. Pony is in a good mood. Let's perform a ponytail to press the reins. The coachman is so angry that he must teach you a lesson today, you son of a bitch (he has already taken care of the last three generations of horses in his heart), but the horse is uncharacteristically galloping forward. He only cared about racing with horses, but forgot that it was in the street. So the carriage version of Speed of Life and Death was staged. Pedestrians are running around. I thought Prometheus was driving a carriage to deliver skyfire again. By the time the coachman found out, it was too late. A poor cunning pedestrian had a little fight with Prometheus' carriage, but he lost. I'm depressed, why didn't Ouyang Hai appear in Germany!
You can imagine what happened later. 120 emergency carriage took the injured to the hospital, 1 10 police carriage took the driver to the police station. The public prosecution agency brought a lawsuit for the crime of negligent injury (according to the current criminal law of our country, it should be a crime of endangering public security). The local court actually acquitted the driver. The Germans are more serious (I like it), and the prosecutor protested to the court. The Fourth Criminal Department of the German Imperial Court rejected the protest on the grounds that if the negligence liability is determined, the parties can refuse to use Ma Shi for the employer at that time based on this understanding. Obviously, the defendant can't be expected to refuse to apply for a horse in violation of the employer's order regardless of his professional loss, so the defendant has no fault liability.
In short, because the defendant cannot be expected to commit other acts, this act does not constitute negligence liability.
I see, and congratulations on your understanding of a very famous criminal law theory-expectation possibility.