It is understood that at the beginning of June, at 5438+0 1, the Li family reached a civil compensation agreement with their parents, and now their parents have received the compensation of 460,000 yuan as agreed in the agreement.
Hebei police 20 10 12 2 1 confirmed the news. However, the police also said that "the criminal part of the case is still under trial, and Li is suspected of committing a crime and must be punished by law."
However, lawyers believe that the reconciliation between the two sides will have a "significant impact" on Li and will be investigated for criminal responsibility.
Chen Xiaofeng's father, Chen Guanggan, told reporters privately. However, according to the agreement, Chen Guanggan is not allowed to have any contact with the Li family or the media.
Civil compensation of 460,000 yuan
20 10 12.20, the reporter went to Chen Xiaofeng, a female college student, who was killed in Wei Pai Nan Si Zhong Village, xinji city City, Hebei Province. In this village of 3,000 people, most villagers don't know that Chen Xiaofeng's parents, Chen Guanggan and Zhang Fang, have gone home. Chen Guanggan still feels guilty. "I don't know what to do. The child is missing. What else can I do? " He kept smoking. His son Chen Lin found a new job in Shijiazhuang, but he didn't tell his parents his company address and name. This family has always had two different opinions on how to deal with the beating of their sister, especially in the process of reconciliation. Chen Guanggan told reporters that on June 5438+065438+1 October1day, the traffic police detachment of Baoding City proposed to the families of the victims that the perpetrator (Li Gangjia) requested "autopsy to find out the cause of death". According to a person familiar with the whole reconciliation process, Chen Lin resolutely opposed the autopsy at that time, and Chen Guanggan did not agree. He thought it was "sorry for his daughter." On the morning of June 2 165438+, the case-handling personnel informed Chen Guren that an autopsy could not be performed, but only an autopsy could be performed. Chen Guanggan wrote a "consent form" saying "I agree to only do an autopsy" and was told to do it at the morgue of Baoding Emergency Center at 3 pm.
However, Chen Lin, who disagreed with his father, resolutely refused to do an autopsy. He once asked the society for help through Weibo: "... I urge people from all walks of life to rush to Baoding as soon as possible to help me! Thank you! " Chen Lin told one of his friends that he wanted to make a statement for his sister and take legal measures. This is the last battle between Chen Lin and his father in dealing with the Chen Xiaofeng incident. Chen Guanggan recalled that on the morning of June 5, 165438+ the staff of Baoding Public Security Bureau, the township cadres and village cadres of Chen Xiaofeng's hometown rushed to their hotel and told Chen Guanggan that "the superior demanded reconciliation and the situation could not be further expanded". Chen Lin later told friends around him that on the same day, his mobile phone was confiscated by his uncle Chen Maoyu and he lost contact with the outside world. Therefore, Chen Guanggan was not present when signing the agreement. "There are many people in the village, many people in the township, many people in Baoding and many people in Shijiazhuang." Chen Guanggan doesn't know some people. All he knows is that these people asked him to sign a compensation agreement as soon as possible. 165438+1On the afternoon of October 5th, Zhang Kai, the attorney of the Chen family, received a phone call from Chen Guanggan: "I thank you on behalf of the whole family, and I will call you again in the future. Our business has been solved. " Half an hour later, the law firm told me that the Chen family went to the law firm to cancel the contract.
The above-mentioned insiders also revealed that the compensation agreement stipulated that Li Gang compensated the Chen family for various expenses totaling 460,000 yuan, and the guarantor of both parties was Henan Temple Nakamura, a staff member of Baoding Public Security Bureau. Chen Guanggan said that before and after the signing of the agreement, Li Gang never showed up as the representative of the party who caused the accident. The agreement was signed by Li Gang. Chen Guanggan said that the agreement stipulates that "the two sides can no longer contact or contact reporters." Chen Lin told a familiar friend that in order to prevent the Chen family from contacting with the outside world, the 460,000 yuan was not handed over to the Chen family on the spot, but was temporarily kept by the Weipai municipal government, and could only be handed over to the Chen family after things subsided. It was not until February 20th of 12 that Chen Guanggan told the reporter for sure that he had got the money. "We just want to solve it as soon as possible, which is the case for us." Chen Guanggan still walked around. "We can't afford it."
The agreement was not fulfilled.
The above-mentioned insiders also told reporters that after the compensation agreement was signed, the village director asked Chen Guanggan to terminate the agency agreement with Zhang Kai. "We signed several agreements at the hotel in the morning, and we were sent to our hometown that afternoon." Chen Guanggan said. Chen Guanggan didn't go to Beijing in person after canceling his contract with his lawyer. He said that on the afternoon of June 5438+065438+1October 5, the staff of Baoding Public Security Bureau and xinji city Weipai sent the Dissolution Agreement signed by Chen Guanggan to Beijing Law Firm in Zhang Kai. According to lawyer Zhang Kai, the civil settlement is the same as he expected when he accepted the case. "The Chen family will eventually reach an agreement with Li privately, dismiss the lawyer and settle the matter. When I met Chen Xiaofeng's father on the first day, I knew it would end like this. " "This case will definitely be stressful, and I will be under great pressure myself. When you ask me to be your lawyer, I can represent you for free, but you can't negotiate privately under pressure. Even if you reconcile with the other party, you must fully communicate with me. " Zhang Kai said that when he accepted the case, he had an agreement with Chen Guanggan. But the agreement did not come true. After the agreement was signed, Baoding police agreed to Chen's request that the body should not be cremated and brought back to his hometown. 1at noon on October 5th, 165438+ Chen Xiaofeng's mother Zhang Fang was forced to leave the hospital.
Civil positive compensation sentencing may be reduced.
This kind of civil reconciliation has become a new development of "Li Gangmen". After netizens interpreted this settlement as "Li Gangmen", the spokesperson's office of Baoding Public Security Bureau of Hebei Province stated on June 65438+February 2 1 that this case was a criminal case that should be prosecuted by the procuratorate and it was impossible to reconcile. Baoding police said, "At present, the suspect Li is still detained in the detention center and the case has been handed over to the procuratorate. The criminal part of the case is still under trial. Li is suspected of committing a crime and must be punished by law. " However, the police also confirmed that on June 5th, the entrusted agent of 165438+ criminal suspect Li reached a civil compensation agreement with the family of the car accident victim, and this agreement has been fulfilled as scheduled.
Before the trial, the Li family took the initiative to ask for a civil settlement with the Chen family. In the lawyer's view, this practice is "obviously to reduce the sentencing in criminal responsibility through reconciliation". Lawyer Liu of Qingdao Qingda Law Firm analyzed that civil positive compensation and criminal judgment are likely to be suspended. "There have been many similar cases before." Liu said that if "traffic accident" is punished, the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accident stipulates that "driving a motor vehicle after drinking" causes serious injuries to more than one person, he shall be convicted of "traffic accident" and sentenced to fixed-term imprisonment of not more than three years or criminal detention. But Li may also face charges of endangering public safety. When the reporter asked questions, many lawyers analyzed, "If this kind of drunk driving causes heavy casualties, it should be convicted of endangering public safety in a dangerous way." In their view, the "heavy casualties" in Li's drunk driving escape case are uncertain and need to be determined by the court. However, according to the first paragraph of Article 115 of the Criminal Law, drunk driving and letting harmful consequences happen, causing heavy casualties, constitutes a crime of endangering public security by dangerous means, and should be sentenced to fixed-term imprisonment of more than 10 years, life imprisonment or death. "The key to sentencing is the performance of the actor in the whole incident."
Liu said that it is impossible to judge what charges Li will be charged with at present, but what is certain is that "actively making reasonable civil compensation will reduce the sentencing in criminal responsibility." Chen Guanggan is not clear about these legal provisions. He said: "I can understand Li Gang's feelings as a father. It has already happened. " Earlier, it was revealed that in the case of Li's hit-and-run case, the public security organ finally filed a case for investigation on the crime of traffic accidents. In Zhang Kai's view, the reason why Li Gang put pressure on Chen Jia through various parties is "an obvious purpose is to quickly reach a civil settlement in order to get a lighter punishment in criminal sentencing." Zhang Kai said in his blog, "The Li Gang case ended in harmony. We don't rule out that Li will be punished or even severely punished under public pressure. However, is this everything we want? "
A diary I can't bear to burn
Reconciliation and compensation did not bring any change to the Chen family. In the home of Nansi Nakamura, Chen Guanggan and Zhang Fang have lost the concept of time. "They have been back for almost a month, or more than a month? What's the date today? " There were three boxes of cigarettes in front of Chen Guanggan, but he turned around and couldn't find a lighter. Finally, he found it from the pocket he touched twice. The house in the east has no heating, so he moved to the room in the west. It was 65438+9: 30 am on February 20th, and he and Zhang Fang had just finished breakfast. "We got up late and couldn't sleep at night." Zhang Fang half lying on the kang, tears red eyes all night. She got up and found a teacup, filled it with water, took out a dozen pills from the paper bag and ate it. Chen Guang gave a quick laugh when he mentioned his son Chen Lin.
165438+1After October 5th, Chen Lin returned to Shijiazhuang, and he began to change. Only the most familiar friend introduces you can get his mobile phone number and QQ number. But even if a friend introduces him, he won't communicate with others. Chen Xiaofeng's death was a great blow to him, and the handling afterwards also went against his original idea. He said, "I don't think I did my best for my sister." Chen Guanggan mentioned that Chen Lin would only talk more. "When the job is settled, it's time to get married." But he quickly added: "The Spring Festival is coming soon, and he will come back." "The new year will be even worse." Zhang Fang suddenly jumped out, and Chen Guanggan was suddenly silent. The "Super Junior" group suddenly appeared on TV. Chen Guanggan watched the young man sing and dance. "This is her favorite idol."