Around the early morning of July 11, 2018, the police in Bobai County, Guangxi, set up traffic jams on the road to enforce the law. When checking vehicles, a van forcibly drove through the police checkpoint. This behavior endangered the police and To ensure the safety of surrounding vehicles, during the pursuit, the police shot at the tires of the fleeing van. However, it did not hit the tire, but hit the man surnamed Lu in the passenger seat. Lu eventually died of his injuries.
Lu’s family believed that the situation at that time should not have opened fire, and there was no need to open fire. The police's shooting was against the rules. Therefore, it is required to apply for state compensation of 2.5 million. The application of Lu's family did not receive a reply from the public security organs, so Lu's family took the public security organs to court and demanded compensation of 2.5 million yuan. The People's Court of Bobai County ruled that the police's shooting was legal and justifiable
The van Lu was riding in was used to smuggle bread. Therefore, the vehicle was inspected by the police in the community, and the card was charged. . This led to a chase by the police.
During the pursuit, the van in which Lu was riding refused to stop for inspection. Therefore, the police had the right to fire a warning shot. After firing the warning shot, the van still showed no sign of stopping. That's why the police decided to shoot at the wheels of the van, with the aim of popping the tires and preventing the van from escaping.
From the perspective of the entire process, all the actions of the police were to prevent the van driver from escaping, and the decisions he made were based on law and were reasonable.
Therefore, when the court heard the case for the first time, it rejected the lawsuit request of Lu’s family.
The reason raised by Lu’s family
is that the court had legitimate reasons for rejecting the lawsuit of Lu’s family, and Lu’s family had reasonable grounds.
Lu’s family members believe that Lu did not know that the van was a vehicle used for smuggling before the incident, and that Lu had only promised a friend to keep the van for him. Since Lu has no formal job, he usually just does some work of selling goods to barely make ends meet. Therefore, it was understandable that Lu took this business. After all, no one would have thought that it would be difficult to judge whether he was driving a car to haul smuggled goods.
Moreover, Lu did not have sufficient control over the driving of the van from the passenger seat at the time. Even if Lu wanted to stop the van for police inspection, he did not have this ability. Lu was like an outsider during the pursuit, and ended up being accidentally arrested and killed by the police. Lu’s family was dissatisfied with the verdict and appealed again
Lu’s family was dissatisfied with the first-instance verdict and decided to appeal. The Yulin Intermediate People's Court made a second-instance judgment, upheld the first-instance judgment, and rejected the appeal of Lu's family.
The Yulin Intermediate People's Court held that the van driver's behavior was an act of violent resistance to law enforcement and a dangerous act. The police are people's police armed with guns. They have the right to shoot at police when facing criminal suspects who commit violent acts. The targets of the police were not the van driver and Lu, so from a procedural point of view, it was reasonable and legal for the police to shoot. Conclusion
Be careful before doing anything, and all actions must be done in accordance with the law.
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