A motorcycle worth 60 thousand was knocked down
A look at the surveillance turned out to be an old man.
On June 25th this year, 24-year-old Mr. Chen moved to a residential area in Cao Lu Town, Pudong New Area. Within a few hours, his car was damaged. "It was four o'clock in the afternoon. I followed the moving team to the community, parked the motorcycle in the planned electric motorcycle parking area downstairs, and went upstairs to pack things myself. " Mr. Chen recalled, "At about six or seven o'clock in the evening, I looked down through the window and found that my motorcycle had fallen to the ground."
Mr. Chen's motorcycle model is KTM-rc390, and the landing price is about 60,000 yuan. A motorcycle weighing more than 100 kilograms will hardly fall to the ground without a strong collision. The next day, Mr. Chen and the property transferred the community monitoring together, and was surprised to find that it was an old man passing by. According to the surveillance video provided by Mr. Chen, on June 25th 17: 56, an old man hobbled by with a red bag in his left hand, noticed Mr. Chen's motorcycle, slowly stepped forward and pushed it down, then left.
Monitoring shows that the old man pushed the motorcycle down.
Residents of the community told Mr. Chen that similar incidents have not happened for the first time. "They told me that this old lady pushed down the electric car parked downstairs in the community and even smashed the car parked in the parking space with bricks." Mr. Chen said that the residents in the community knew that she often made trouble and called the police many times, but they could do nothing about her. After the incident, Mr. Chen angrily sent the video online, which once attracted a lot of attention.
After more than a month, the case was finally filed.
The police characterized it as "seeking trouble"
Mr. Chen recalled that he reported to the police on the day of monitoring. "Someone advised me that it is difficult to hold the old man accountable when he is old. They also told me that the old man was mentally unstable and advised me to forget it, but I didn't want to forget it. Someone must be responsible for this. "
Shanghai public security bureau report receipt
The police conducted a mental appraisal of the elderly on August 3, and the result of the mental appraisal was that he suffered from organic mental disorder and had limited capacity for behavior, but he was able to limit criminal responsibility and was tried. On August 9, the police filed an investigation and characterized it as seeking trouble.
The police made a mental appraisal of the old man.
Mr. Chen also learned that the police have been contacting the guardian of the elderly, but the other party has refused to show up, even after the police called. "The old man has a son, but I have never contacted him. I didn't receive any apology, or someone came to me to discuss things. The attitude of the other party is unwilling to take care of it. "
Identify the damage of the car.
Withdraw after filing a civil lawsuit
The procuratorate has filed a public prosecution and will open the court next week.
After the incident, the motorcycle 4S shop gave a fixed loss of more than 7,000 yuan, "including the brake handle, foot brake, exhaust pipe and other parts were damaged. At that time, the price of the damaged part of the appearance was given, and two other parts needed further disassembly to be identified. " Mr. Chen said that the appraisal given by the Pudong Judicial Appraisal Bureau was more than 4,000 yuan, and he disagreed. Later, he and the staff of the price department and the judicial appraisal center came to the 4S shop again. The other party confirms that all maintenance costs need more than 16000 yuan, and the final price of judicial appraisal is more than 9000 yuan. "The police told me that this price is used for sentencing, not the amount of civil compensation. It took me about two months from July 1 to the second appraisal in September. "
The 4S shop confirms that all maintenance costs need more than 16000 yuan.
After the incident, Mr. Chen won the support of many netizens. Lawyers in Shanxi found him and said that he was also a motorcycle enthusiast, hoping to help him get justice. "He helped me answer many legal questions, including my lawsuit, which was drafted by him." At first, Mr. Chen initiated a civil lawsuit. After the police filed the case, the court dismissed the lawsuit and refunded the legal fees. The procuratorate will institute criminal proceedings.
"On June 265438+1October 2 1 day, the case was handed over by the public security organ to the procuratorate. After the procuratorate inquired about the old man, it filed a public prosecution with the court. Yesterday, the court told me that this case will be heard on February 2, 65438. " Mr. Chen said that no matter what the verdict is, I hope that the elderly will be punished as they deserve.
Mental pressure forced him to move out of the community.
Only insist on seeking justice.
Mr. Chen told reporters that in the past six months after the incident, he was under tremendous mental pressure. "During the period, neighbors and properties in the community advised me not to be more serious with this old man, but I have been thinking about it. Since the elderly have guardians, why have they been evading their responsibilities and not actively standing up to solve problems? This is also an important reason why I insist on solving this matter under the legal framework. "
In addition, because this incident has attracted the attention of public opinion, there are some different voices, and Mr. Chen is under great psychological pressure. At the same time, because the old man lives in the same building as him, he can still see the old man standing on the stairs after work. He was afraid of causing trouble, and it was difficult to deal with it. He moved out of the community half a month later and now lives far away.
"My current cost of rights protection has far exceeded the loss of motorcycles, the time cost and salary of leave, and the cost of taxi identification. And I lost at least 1 10,000 to 20,000 yuan. I have no claim for these, and only the compensation for the car damage price is mentioned in the civil lawsuit. " Mr. Chen said, "Actually, I don't care much about my compensation. I am more concerned about what kind of sentence the law will give the elderly after breaking the law. Things have developed to the present, and I feel that I am not representing my personal interests, but the interests of all victims behind similar things. " He hopes that after the final judgment of this matter comes out, more people can be reminded that if their property is damaged, they can bravely take up legal weapons to safeguard their legitimate rights and interests. In recent months, he also felt that he was not fighting alone, and his behavior was strongly supported by community residents and netizens.
Mr. Chen said that although the whole thing is not complicated, if most people encounter similar situations, they may not have the time and energy to toss and turn it over, which will also make similar things go away. "I am so persistent in this matter, not because I can get much compensation, but mainly because I want more people to see that the law will give me justice."
Ding Jinkun, a lawyer of Shanghai Dabang Law Firm, said that in this case, according to Article 188 of the Civil Code, if a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. If a guardian performs his guardianship duties, his tort liability may be reduced. If a person without capacity for civil conduct or a person with limited capacity for civil conduct has property and causes damage to others, he shall pay compensation with his own property; The insufficient part shall be compensated by the guardian. Therefore, in this case, compensation should be made from the old man's own property first, and the insufficient part should be borne by the guardian. If the elderly and guardians refuse to pay compensation, they can apply to the court for enforcement.
Chen Mei, a lawyer of Jiangsu Cai Hua Law Firm, said that according to Article 18 of the Criminal Law, if a mental patient causes harmful results when he can't identify or control his behavior, he will not be criminally responsible if he is confirmed by legal procedures, but his family members or guardians should be ordered to take strict care and medical care; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment.
Therefore, the criminal suspect should bear criminal responsibility, but he can be given a lighter or mitigated punishment. This kind of situation should bear both criminal responsibility and civil responsibility. The victim filed an incidental civil action on the grounds that the criminal suspect should bear criminal responsibility, and claimed damages from the person with limited capacity for civil conduct and his guardian for direct losses caused by infringement, lost time and transportation expenses caused by safeguarding rights and interests.
Niu Zi reporter | Liu Liu
Niu Zi News Trainee Reporter | Xu Shaoda
Edit | Zhang Bingjing
Editor | Wan Huijuan
Edit | Chen
Video image source: provided by respondents
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Niu Zi News perennial legal adviser:
Lawyer Tang of Beijing Dacheng Law Firm