Recently, the death of Zhao, the victim of "textbook cheating" in Tangshan, has been identified by forensic experts. The forensic pathology appraisal issued by the Physical Evidence Appraisal Institute of Tangshan Public Security Bureau shows that Zhao suffered from severe head injury due to traffic injury, and died of multiple organ failure after being in a vegetative state for a long time. In this regard, Zhao's son said that they would demand that the perpetrators be investigated for criminal responsibility.
Previous forensic pathology identification.
"Textbook Cheating"
The victim's death was related to the accident.
20 15 10, the father of Tangshan citizen, Zhao, was involved in a car accident and became a vegetable after several operations. According to the court's judgment, the driver Huang Shufen was mainly responsible for the accident, but since then, Huang Shufen has never compensated for all the losses of more than 850,000 yuan. 773 days after the incident and more than 4 months after the court's decision, Zhao Yong posted several audio and video clips of Huang Shufen's "textbook cheating" on the Internet, which triggered a heated discussion.
1 February 1 day, his father Zhao died because of ineffective rescue. His family then contacted the forensic doctor to conduct an autopsy on Zhao to determine whether his death was related to a traffic accident.
On February 9, 65438, Zhao Zhizi published the first and last pages of his father's forensic pathology appraisal in his Weibo. Appraisal on February 8, 65438, entrusted by the ninth brigade of the traffic police detachment of Tangshan Public Security Bureau, Hebei Province. The identification conclusion is that Zhao died of multiple organ failure due to long-term vegetative state after severe craniocerebral injury caused by traffic injury. Previously, Tangshan Intermediate People's Court decided to detain Huang Shufen for 15 days on the grounds that "the person subjected to execution refused to perform the obligations specified in the effective legal documents", and the detention date ended on February 18+00. In an interview with the media, Huang Shufen's family once said that after the detention expired, they "didn't know the whereabouts of Huang Shufen".
According to the briefing issued by Tangshan Intermediate People's Court, Huang Shufen still owes more than 800,000 yuan in compensation. The court is conducting an in-depth investigation into Huang Shufen's property and whether there is any transferred property. Once the property available for execution is found, it will be disposed of in accordance with the law and paid in time. If it is verified that Huang is suspected of refusing to execute the court judgment, he will be transferred to the public security department for criminal responsibility according to law.
Victims' families:
Demand that Huang Shufen be investigated for criminal responsibility.
Zhao Yong told the reporter of Beiqing Daily that the autopsy results showed that there was a causal relationship between his father's death and the traffic accident, and they would investigate the criminal responsibility of the perpetrator Huang Shufen. On the evening of February/65438 1 1, Zhao Yong told the reporter of Beiqing Daily that he had just learned from the traffic police that Huang Shufen had asked a lawyer to submit an appraisal objection and asked the forensic doctor of Tangshan Procuratorate to conduct another appraisal. "Although this is her right, I really don't know what to say. How can people do this? There is no humanity at all. My father has already done an autopsy, which is also done by the authoritative department, which means that his father will be dissected again. No matter what the outcome, she never considered the feelings of our family, nor did she respect us. I must pursue this matter to the end. "
Zhao Yong said that so far, Huang Shufen's family has never looked for him. At the beginning of the exposure, he only made a phone call and only expressed his willingness to pay more than 200,000 through the court. Then he couldn't accept the rest of the installment because he felt that Huang Shufen was stalling. "It's been so long, the problem has not been solved, and I have no sincerity, so I refused." Zhao Yong said, "At present, there is no progress in implementation. People from the executive board of the court also told me that it was difficult, but they have been actively investigating. At present, I am busy preparing for my father's funeral, and I have no energy to manage this for the time being. "
Lawyers say the perpetrators
Still within the time limit for prosecution
Lawyers believe that whether the perpetrators can be investigated for criminal responsibility depends on whether there are statutory circumstances for investigating criminal responsibility in traffic accidents, such as whether one person is killed and bears all or the main responsibility for the accident, or whether the accident causes serious injuries to more than one person and bears all or the main responsibility for the accident, and there are specific circumstances.
Judging from this case, according to the expert opinion, if the death is determined to be caused by a traffic accident, that is, there is a causal relationship between the accident and the death result, and the actor bears the main or full responsibility for the accident, then the actor Huang Shufen has constituted a traffic accident crime. According to the law, if the statutory maximum penalty is less than five years in prison, the limitation of prosecution is five years. If the perpetrator of this case is still within the time limit for prosecution, the public security organ shall file a case for investigation according to law. In addition, if in the process of civil execution, it is found that the actor refuses to execute the transfer of property, then the court can investigate the crime of refusing to execute the judgment.