Defendant Liu, male, aged 27, was originally a policeman of Shangqiu Station Police Station of Zhengzhou Railway Public Security Bureau.
Liu's illegal detention case1May, 1997 19 was put on file for investigation by Zhengzhou Railway Transport Procuratorate. On June 28th, 1997, the hospital filed a public prosecution with Zhengzhou Railway Transport Court. The indictment finds that the criminal facts are as follows:
At about 65438+1May 9, 1997 16, the 706 passenger train arrived at Mulan Railway Station. When duck dealers Zhang Jia and Zhang Yi unloaded the duckling from the luggage cart, the defendant Liu's wife Zhang Bing asked for the duckling, but she was refused. Defendant Liu and Xiao Liu, a policeman who came to take over (handled separately), immediately raised a dispute over ticket inspection, and fought with Zhang Jia, Zhang Yi and Feng, a farmer who picked up the car. Liu and Xiao Liu handcuffed Zhang Yi and Feng in the name of assaulting a police officer and obstructing the execution of official duties, and forced them into the luggage compartment of the 706 train. During the running of the train, Liu untied Feng's belt and beat Zhang and Feng. When the train reached 658 kilometers of the Beijing-Kowloon Railway, Zhang Yi and Feng Liu, who were afraid, did not pay attention and jumped out of the car in handcuffs. Zhang Yi died immediately and Feng was slightly injured. Forensic identification: Zhang Yi fell into a car and dislocated his cervical vertebra, and his spinal cord was severed and he died.
Zhao, the victim's family, also filed an incidental civil lawsuit with Zhengzhou Railway Transport Court.
[Case study]
1August 99714th, Zhengzhou Railway Transport Court held a hearing that the defendant Liu took the opportunity to illegally detain others, causing casualties to others, and his behavior constituted the crime of illegal detention. The defendant Liu's criminal behavior and the defendant Xiao Liu's behavior in incidental civil action caused the victim to suffer economic losses, so he should bear civil liability for compensation, and the reasonable part of the victim's claim should be supported. In order to safeguard the legitimate rights and interests of social security and crack down on criminal offences, according to the provisions of Article 140, paragraph 2, Article 31 and Article 60 of the Criminal Law of People's Republic of China (PRC) and Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC), it is decided that: (1) Defendant Liu commits the crime of illegal detention and is sentenced to 10 years' imprisonment; (2) Defendant Liu and Defendant Xiao Liu in the incidental civil action equally compensate the plaintiff Zhao in the incidental civil action for living allowance, alimony, medical expenses, spiritual damages, transportation expenses, funeral expenses, death compensation, education allowance for minor children, etc. * * Total RMB 63,700; (3) Defendant Liu and Defendant Xiao Liu in the incidental civil action compensate plaintiff Feng (victim) in the incidental civil action for medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, transportation expenses, etc. * * * Total RMB 530,000.
[Case Result]
According to the provisions of the second paragraph of Article 140, Articles 31 and 60 of the Criminal Law of People's Republic of China (PRC) and Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC): (1) Defendant Liu committed the crime of illegal detention and was sentenced to 10 years' imprisonment; (2) Defendant Liu and Defendant Xiao Liu in the incidental civil action compensated plaintiff Zhao in the incidental civil action equally for living allowance, alimony, maintenance, medical expenses, spiritual damages, transportation expenses, funeral expenses, death compensation, education allowance for minor children, etc. A total of more than 63,700 yuan; (3) Defendant Liu and Defendant Xiao Liu in the incidental civil action compensate plaintiff Feng (victim) in the incidental civil action for medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, transportation expenses, etc. * * * Total RMB 530,000.
After the judgment of the first instance, the defendant Liu refused to accept the criminal judgment and the plaintiff Zhao refused to accept the incidental civil judgment, and both appealed. 1997165438+1October 4th, Zhengzhou Railway Transportation Intermediate Court held that the first-instance judgment found that the facts were clear, the nature was accurate and the procedure was legal. Therefore, the appeal was dismissed and the original judgment was upheld.
[Relevant regulations]
Relevant provisions of the Criminal Law of People's Republic of China (PRC)
Article 31 If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.
Article 60 If the lawful debts incurred by criminals before the confiscation of property need to be repaid with the confiscated property, they shall be repaid at the request of creditors.
Article 140 Any producer or seller who adulterates or adulterates products, passes off fake products as genuine products, and passes off unqualified products as qualified products, with a sales amount of not less than 50,000 yuan but not more than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or shall only be fined not less than 50% but not more than 200,000 yuan; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
Article 119 of the General Principles of Civil Law of People's Republic of China (PRC) infringes on citizens' bodies and causes injuries, it shall compensate for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid.