■ Ask questions
Why is the fine of 50,000 only 1.7 million?
Lawyer: excluding mental compensation; Because the defendant committed theft, a fine of 50 thousand is fine.
The day before yesterday, Changchun made a first-instance judgment on this case of car theft and infanticide. Defendant Zhou Xijun was fined 50,000 yuan and sentenced to compensate the victim's family 1.7 million yuan. The amount of compensation is small, even only 0/3 of the fine of 65438+, which raises questions from the outside world.
In this regard, Wei Rujiu, director of Beijing Wei Rujiu Law Firm and secretary-general of the Constitutional Professional Committee of Beijing Lawyers Association, believes that the defendant needs to be fined according to law because he commits theft at the same time, and there is no problem with a fine of 50,000 yuan.
However, 1.7 million yuan is only a direct economic loss, not including death compensation, that is, mental damage compensation.
Wei Rujiu introduced that according to the judicial interpretation of the new criminal procedure law by the Supreme Court, which came into effect on 20 13 1, Chapter VI "Incidental Civil Litigation" clearly stipulates: "If the victim dies or loses capacity, his legal representative and close relatives have the right to file an incidental civil lawsuit. If an incidental civil action is filed or a separate civil action is filed to claim compensation for mental loss, the people's court will not accept it. " Death compensation belongs to compensation for mental damage, and now it cannot be included in the scope of compensation for criminal incidental civil action.
"Many legal persons advocate that the scope of compensation for criminal incidental civil action should include compensation for mental damage, which is not clearly written into the Criminal Procedure Law." He said that in some criminal cases, the direct economic loss of the victim is not much, but the mental damage is great.
Then, how should the victim's mental loss be compensated? Wei Rujiu introduced that according to the current law, only two situations will include this part of compensation. First, the death compensation and disability subsidy arising from criminal cases to which the Road Traffic Safety Law applies can be compensated accordingly; The other is that no matter how many compensation settlements the defendant and the victim reach, the court will support them. "If the defendant is unwilling to sign a compensation mediation agreement, the court has no choice; If the victim's family files a civil lawsuit for compensation for mental damage, it will also be rejected. "
Wei Rujiu believes that the existing judicial interpretation "leads to the victim's rights not being guaranteed, which violates the basic civil law Tort Liability Law." He hopes that lawyers can hold a special discussion on this matter, write a legal opinion to the research office of the Supreme Court, and amend relevant regulations as soon as possible.
■ Family stories
The baby's father said that he applied for compensation of 2.3 million yuan in the first instance.
Only baby funeral expenses are supported.
"I am satisfied with the criminal aspect (sentencing the defendant to death), but I am definitely not satisfied with the civil compensation." Last night, Xu Jialin, the father of the murdered baby, told the Beijing News reporter.
Xu Jialin said that after the tragedy, his lover fell ill and stayed in the hospital for a long time. 67-year-old father died of grief on May 10.
Xu Jialin is a minority, and the baby boy was conceived 10 years after the birth of the first girl. He said that his wife gave birth to two children by caesarean section and hysterectomy, and 90% of them will not regenerate.
Xu Jialin said that in criminal incidental civil compensation, he demanded compensation of 2.3 million yuan for children's funeral expenses, death compensation and wife's medical expenses, but the court only supported the children's funeral expenses of 6.5438+0.7 million yuan. He appealed to the court.
Xu Jialin, on the other hand, resolutely disagreed with the settlement: he relayed that during the trial, Zhou Xijun himself confessed that he did not regard his children as life and people, but as things. If you want a car, you need to get rid of the children.
"Zhou Xijun's death sentence is an account of his son. But it is unfair to pay so little compensation. " Xu Jialin said.