20 15 10 year16 October, Tang Shanyong's father Zhao was involved in a car accident. On June 8th this year, Tangshan Intermediate People's Court sentenced Huang Shufen, the perpetrator, to pay more than 850,000 yuan, which was limited to 10 days after the judgment came into effect. According to Zhao Yong, more than two years after the accident, Huang Shufen bought a new car, but refused to pay compensation. Zhao Yong posted the video and audio of his contact with the Huang Shufen family on the Internet, which attracted the attention of netizens. In the video, Huang Shufen once told Zhao Yong that he would rather go to jail, "If you go to jail, you don't have to pay back the money".
1 February 1 day, Zhao died, and the forensic doctor then conducted an autopsy. 65438+On February 9, 2008, the forensic pathology appraisal issued by the Institute of Physical Evidence Appraisal of Tangshan Public Security Bureau showed that Zhao suffered from severe craniocerebral injury due to traffic injury, and was in a vegetative state for a long time, complicated with multiple organ failure and died. The occurrence and development of traffic injuries have a direct causal relationship with traffic accidents.
On February 9th, 65438, Huang Shufen was criminally detained by Tangshan police on suspicion of traffic accident. Subsequently, with the approval of the Fengrun District Procuratorate of Tangshan City, Huang Shufen was arrested.
Yue Shenshan, the attorney of Zhao Yong, said that according to the provisions of the criminal law and judicial interpretation, a traffic accident occurred in violation of road traffic management regulations, resulting in one person's death and the main responsibility for the accident, which constituted a traffic accident crime. In this traffic accident, Huang Shufen was identified as the main responsible person by the traffic police. Because there was no death consequence before, it was not suspected of committing a crime, so the corresponding procedures were not started.
Yue Shenshan said that according to the general process, after the arrest, the police will complete the investigation and transfer it to the procuratorate within two months, and the procuratorate will make a decision on whether to prosecute within one month, and then sue the court, and the court will conclude the case within two months. Under some special circumstances, the corresponding period can be extended.
Will Huang Shufen be exempted from the obligation of compensation if he is investigated for criminal responsibility for traffic accidents? In this regard, Yue Shenshan said that criminal responsibility and civil compensation are independent, and the so-called "you can not pay back the money when you are in prison" is legally untenable.