Case analysis of the crime of endangering public safety by dangerous means
Defendant Li XX, male, Han nationality,1born on April 30, 1964 in Foshan, Guangdong Province, with junior high school education, was an individual transport driver in Foshan. 198 1 year1day was sentenced to four years and six years in prison for committing robbery and intentional injury. On September 7, 2006, 17 was criminally detained for this case and was arrested on the 28th of the same month.
At about 8: 50 on September 6, 20061KLOC-0, the defendant Li XX drunk and drove the van with the license plate of Guangdong XX from south to north to section X of Nanhai District, Foshan City, Guangdong Province, and knocked down the bicycle victim Li XX and his son Chen XX from behind, causing minor injuries to Chen XX. After the collision, Li XX continued to drive forward, damaging the iron gate in front of the security booth and the pillars beside it, turning around and driving fast from north to south in the direction of Suiyan Road, and the wheels were stuck in the flowers on the roadside. The victim Liang Moumou (a good friend of Li Moumou) and other villagers came forward to help the injured and dissuaded them. Li Moumou stepped on the gas pedal and drove out of the flower field, ran over Li Moumou and knocked down Liang Moumou, causing Li Moumou and Liang Moumou to die. Li XX drove off the road and was captured by the security team and the police. After examination, alcohol was detected in Li XX's blood when he committed the crime, and the content was 369.9 mg/100 ml.
Defendant Li XX was confined to the hospital until he woke up and had no memory of the specific crime process. He was very remorseful when he learned that he had killed two people and injured one. Although his income is meager and his family life is difficult, he has repeatedly said that he will actively compensate the relatives of the victims for their economic losses.
The Foshan Municipal People's Procuratorate accused the defendant Li XX of endangering public security by dangerous means, and filed a public prosecution with the Foshan Intermediate People's Court. On February 7, 2007, Foshan Intermediate People's Court convicted the defendant Li XX of endangering public security by dangerous means, sentenced him to death and deprived him of political rights for life. After the verdict was pronounced, Li XX appealed. On September 7, 2008, the Guangdong Higher People's Court made a criminal ruling XXX (2007)No. 102, rejecting the appeal, upholding the original judgment and reporting it to the Supreme People's Court for approval according to law.
The Supreme People's Court's retrial held that the defendant Li XX collided with a crowd after drinking and driving, and his behavior constituted a crime of endangering public safety by dangerous means. Li XX drunk driving and hit someone, causing two deaths and one minor injury. If the circumstances of the crime are bad and the consequences are particularly serious, they should be punished according to law. In view of the fact that Li XX committed a crime in a state of severe drunkenness, it is an indirect intentional crime, which is different from a direct intentional crime that intentionally endangers public safety. Moreover, after being brought to justice, he has a good attitude of pleading guilty and repenting, and can not be sentenced to death according to law. The facts ascertained in the judgment and ruling of first instance are clear, the evidence is true and sufficient, and the conviction is accurate. The trial procedure is legal. But the sentence is inappropriate. In accordance with the provisions of Article 199 of the Criminal Procedure Law of People's Republic of China (PRC) and Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Review of Death Penalty Cases, the defendant Li XX was ruled not to be approved for death penalty, and the criminal ruling was the first. The Guangdong Higher People's Court (2007)No. XXX was revoked and sent back to the Guangdong Higher People's Court for retrial.
During the retrial, Guangdong High Court cooperated with Foshan Intermediate People's Court to do a lot of civil mediation work. The relatives of the defendant Li XX spent all their money and raised 6.5438+0.5 million yuan to compensate the injured party.
The Guangdong Higher People's Court held that the defendant Li XX was drunk and knocked down the bicycle that Li XX was riding, but he still knew that he was driving the vehicle to turn around. Knowing how to drive the vehicle back to the road when the wheels are stuck by the roadside shows that it has cognitive ability and control ability when committing crimes. However, after Li XX hit someone, he ignored the people who were hit and ignored many villagers who dissuaded and rescued the injured in front of the car. He continued to drive in an attempt to leave the scene and crashed into Li XX, who had fallen to the ground, and Liang XXX, who rescued the masses, causing two deaths. Subjectively, the harmful results of casualties on the spot are left to their own devices, which has the indirect intention of endangering public safety. Therefore, his behavior has constituted the crime of endangering public safety in a dangerous way. Li XX's criminal circumstances are bad and the consequences are serious. However, in view of Li XX's indirect intentional crime, compared with the direct intentional crime that intentionally endangers public safety, the subjective malignancy is not deep and the personal danger is not great, so it should be treated differently. When committing a crime, he was in a state of severe drunkenness, and his ability to identify and control was weakened; After being brought to justice, he pleaded guilty and repented, and actively compensated the injured party for economic losses, which can be given a lighter punishment according to law. Accordingly, on September 8, 2009, criminal judgmentNo. (2007)XXX- 1 was made, and the defendant Li XX was found guilty of endangering public security by dangerous means, sentenced to life imprisonment and deprived of political rights for life.
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Legal basis: Article 110 of the Criminal Procedure Law of People's Republic of China (PRC) on the examination and handling of filing materials and the conditions for filing. The people's court, the people's procuratorate or the public security organ shall promptly examine the materials of accusation, complaint, report and surrender in accordance with the jurisdiction, and shall file a case if it considers that there are criminal facts that need to be investigated for criminal responsibility; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.