Seeing that the school security guard caught the car thief, Mr. Yin, a citizen of Kunming, Yunnan, stepped forward to help subdue the thief and covered his head with the thief's coat. Who knows that when the police arrived at the scene, the thief was "suffocated". Mr. Yin's behavior brought him great trouble. The public security organ transferred the crime of negligent death to the procuratorate and investigated its criminal responsibility. In the end, the procuratorate affirmed Mr. Yin's courageous behavior. On March 12 this year, Wuhua District People's Procuratorate decided not to prosecute.
The car thief died unexpectedly after being caught.
According to Mr. Yin, who is over 60 years old, he has a granddaughter who goes to primary school in Bohua School in Wuhua District. He usually picks up her granddaughter. On the afternoon of June 26th, 2065438+05, while waiting for his granddaughter at Bohua School, Mr. Yin saw Li, the school security guard, and the owner of the canteen catching a man stealing an electric car. Mr. Yin came forward to help, joined forces to subdue the man, and tied the hands of the man who stole the car behind his back with plastic packing ropes with security guards. The car thief struggled and shouted, "I remember you." Fearing that he and his granddaughter would be retaliated in the future, Mr. Yin put the man's coat on his head and crossed the sleeves of the coat on the shoulders of the man who stole the car to prevent the clothes from falling off. After that, Mr. Yin left the scene and returned to the place where the electric car was parked, waiting for his granddaughter to come out and go home.
The security guard sat the man who stole the car on the ground and then reported it to the school leaders. The headmaster called the police, and the police of Phuket Police Station of Wuhua Branch of Kunming Public Security Bureau came to dispose of it after receiving the alarm. When the police arrived at the scene, they saw a man lying on the ground with his hands tied behind his back, and no one answered the call. 120 when the emergency personnel arrived, the man was already dead. Afterwards, Wuhua Public Security Judicial Appraisal Center identified the cause of death of this man surnamed Yan, and concluded that the cause of death was wrapped in a coat with poor air permeability, which caused hypoxia and induced his own potential acute attack under anoxic conditions, belonging to sudden cardiac death. The "Forensic Corpse Inspection and Appraisal Opinions" also stated: "The head of the deceased was wrapped in a coat and the death process was rapid; On-site inspection shows that the deceased's head is covered with a waterproof sportswear made of nylon fabric, which has poor air permeability and can block the air, resulting in an anoxic environment. " According to the appraisal book, in layman's terms, it was Mr. Yin's act and the objective cause of Yan's death.
The public security organ shall transfer it to the procuratorate for examination and prosecution.
On the day of the incident, Mr. Yin was taken to the police station for investigation. The next day, Mr. Yin was released on bail pending trial by the public security organs. On September 2017/8, Wuhua Public Security Bureau concluded the investigation of this case and transferred it to Wuhua District Procuratorate for review and prosecution on the crime of Yin's alleged negligent death.
In the prosecution opinion of the public security organ, the public security organ determined that Mr. Yin's behavior was negligent and caused death, and Mr. Yin should bear corresponding criminal responsibility.
In this regard, Mr. Yin shouted loudly, claiming that he did not beat Yan, and Yan's death was directly caused by his own illness and had no direct relationship with his behavior. "I didn't expect to be brave, but I became a murderer." Mr. Yin said that he put the clothes on Yan's head at that time, and there was no tension or knot. According to common sense, this behavior is not enough to completely block the air.
This case is full of twists and turns. The procuratorial organ believes that the evidence is insufficient and the nature of the accusation is inaccurate. On February 3, 20 17, 17, it was returned to the public security organ for supplementary investigation for the first time. 20 17 12.27, after supplementary investigation, the public security organ transferred it to the procuratorate for prosecution again. In February this year 1 1, the procuratorate considered that the evidence was insufficient and the nature of the charges was inaccurate, and returned it to the public security organ for supplementary investigation for the second time. In March, Wuhua District Procuratorate extended the time limit for examination and prosecution twice.
The procuratorate decided not to prosecute because of the courage.
Although the case was not brought to court, the director of Yunnan Hengwei Law Firm provided legal aid to Mr. Yin. Zhi Zhu believes that in the course of this case, Mr. Yin's subjective purpose was to be brave and subdue the criminals who stole electric cars, and he did not seek to harm the man who stole electric cars, nor did he commit any harm. His behavior is legitimate and does not exceed the necessary limit.
Wuhua District Procuratorate believes that Mr. Yin is suspected of causing death through negligence, and considering that the victim Yan has a major fault in the cause of this case, Mr. Yin, as an ordinary citizen, stepped forward to stop the ongoing illegal and criminal acts, which is a courageous act and should be supported and encouraged, and may be given a lighter punishment as appropriate. Due to long-term drug abuse, the victim's organ function and tolerance are weaker than ordinary people, and various reasons have caused death consequences, which can be given a lighter punishment according to law.
On March 12 this year, Wuhua District Procuratorate decided not to prosecute Mr. Yin.