0 1. Simple case sorting, Youfang Street, Suining, Sichuan. When Ms. Li was pushing her daughter under 1 for a walk, a fitness iron ball suddenly fell from the sky and hit the word, causing her death. After the incident, Ms. Li and her husband searched for the source of this iron ball many times. The investigators also collected surveillance, investigated the surrounding residents one by one, and collected the DNA and fingerprints of some people, but never found a specific suspect.
Finally, Ms. Li's family took the owner of the whole building to court. Except for four of them, the remaining 12 1 owners were sued. After comprehensive consideration, the court ruled that 12 1 the owner should pay 3000 yuan for each household.
02、? No doubt? The principle does not apply. No matter what we watch TV or our usual experience, it tells us a message, that is, without sufficient evidence, the defendant should not be convicted, and the law should not wrongfully treat a good man. And there must be only 1 throwing iron balls. Why does 12 1 the owner share the responsibility? 12 1 Some homeowners feel the same way, so they appeal that they are innocent and should not be compensated.
But can we take a closer look? No doubt? This principle in favor of the defendant has a specific scope of application:
Suspected crime never means that in criminal proceedings, if the criminal facts of the criminal suspect are unclear, the evidence is unreliable and insufficient, the procuratorate shall make a decision not to prosecute and not pursue criminal responsibility. Attention, this is a criminal procedure. Obviously, appealing against this kind of high-altitude parabolic case does not belong to the scope of criminal cases. It has another set of handling principles and solutions.
03, high-altitude parabolic should be applicable? Fault presumption? The principle of presumption of fault is a legal content beneficial to victims. According to this principle, as long as the owner has no evidence to prove that he is completely innocent, then he is presumed to be at fault.
The specific legal basis is as follows:
Article 85 of the Tort Liability Law stipulates that buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others. If the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability.
Article 126 of the General Principles of the Civil Law stipulates that if a building or other facilities and the shelving or hanging objects on the building collapse and fall off, causing damage to others, its owner or manager shall bear civil liability, unless he can prove that he is not at fault. ? Note that there is only civil liability here, not criminal liability, so and? No doubt? These principles do not conflict. This? Fault presumption? The purpose of this principle is to put victims in a favorable position, protect their legitimate rights and interests, punish offenders, warn and educate offenders, and make society more fair, just, stable and United.
04, pay attention to prevent falling objects at ordinary times. We should know that there are more and more high-rise buildings now. As a resident, be careful not to put things that are easy to drop on the balcony. Families with old people and children had better install protective windows to protect passers-by and family members.
As ordinary passers-by, you should also pay attention to falling objects, try not to stick them on the wall, and don't stay downstairs for fear of accidents.