I am entrusted by the plaintiffs XXX (the mother of the victim), XXX (the wife of the victim XXX) and XXX (the son of the victim) in this case, and with the approval of Nanyang People's Court, I am the plaintiff's agent in criminal incidental litigation according to law. We hereby express the following opinions on the criminal and civil compensation in this case:
I. Criminal component
1, the defendant's behavior belongs to the crime of intentional homicide, and he should be investigated for criminal responsibility for intentional homicide.
After the defendant XXX drove the taxi and knocked the victim off the motorcycle, the defendant not only did not get off the bus for inspection, but escaped and dragged the victim nearly 100 meters under the car, causing the victim to die on the spot. Don't say that as a driver, even from the point of view of ordinary people, the first thing to do after a collision between a vehicle and an object should be to get off and check, while the defendant dragged the motorcycle and the human body to move on, and then drove the car to a small road to hide. His behavior is enough to show that he has realized that he has hit someone and is eager to escape from the scene. The defendant argued that all the brakes and clutches failed at that time, lacking facts and evidence. It can be seen from the photos of the scene and the accident vehicle that the hood of the taxi has been severely deformed and turned up, the front windshield is broken, and there are long-distance drag marks on the motorcycle and the human body. The noise of motorcycle and human body cleaning the floor under the car is an abnormal situation that anyone can perceive. As an old driver, it is unreasonable to say that he didn't realize that he had hit someone. The defendant's behavior of dragging a motorcycle to escape from the human body is enough to cause death, which at least shows that he has a laissez-faire attitude towards the victim's death and objectively caused the victim's death, which completely conforms to the basic characteristics of the crime of intentional homicide. He should be investigated for criminal responsibility for the crime of intentional homicide in accordance with the provisions of Article 232 of the Criminal Law.
The defendant claimed that there was no factual basis for the failure of all brakes and clutches at that time, and the described situation was not recorded in the file. As it is said, driving an unsecured vehicle at a high speed of 50 to 60 kilometers per hour on the expressway poses a serious threat to the life safety of an unspecified person and objectively causes serious consequences of one person's death. Criminal responsibility shall be investigated for the crime of endangering public safety by dangerous methods in accordance with Article 1 15 of the Criminal Law.
The defendant didn't surrender.
There must be two elements to constitute surrender, both of which are indispensable. One is to surrender voluntarily, and the other is to truthfully confess your crimes. The agent had no objection to the defendant's voluntary surrender, but he didn't truthfully confess his crime. From the analysis of the above facts in this case, in fact, the defendant knew that he had hit someone, and from the time he surrendered to the public security organ to the end of the trial, he did not admit that he had hit someone, that is to say, he did not make a guilty confession, but only said that he had hit a black pimple. Therefore, he did not truthfully confess his crimes and could not constitute surrender.
3. No regrets.
After the death of the victim, the defendant did not actively compensate the victim, but resold another vehicle and tried his best to transfer the property, losing the possible compensation ability, which also showed that he did not really repent of his criminal behavior.
Agent ad litem:
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Legal basis: Article 40 of the Criminal Law of People's Republic of China (PRC): From the date when the people's procuratorate examines and prosecutes the case, the defense lawyer may consult, extract and copy the case file. Other defenders may also consult, extract and copy the above materials with the permission of the people's court or the people's procuratorate.
Article 41 of the Criminal Law of People's Republic of China (PRC): Defenders have the right to apply to the People's Procuratorate and the People's Court for collection if they think that the evidence materials collected by the public security organs and people's procuratorates to prove the innocence or minor crimes of the suspects and defendants have not been submitted.