But the exciting news is:
He was also arrested for endangering public safety in a dangerous way. . . If he has something important to report, he may not die!
On July 5, 2009, the Jiangning District Procuratorate of Nanjing approved the arrest of Zhang Mingbao on suspicion of "endangering public security by dangerous means".
What kind of criminal punishment should the perpetrator Zhang Mingbao receive? People in Jiangsu legal circles have all talked about their own views.
CoCo Lee, a lawyer of Jiangsu Franco-German Eternal Law Firm, said: "The Zhang Mingbao case caused five deaths and four injuries, which endangered the life safety of the public, so the crime of endangering public safety should be applied.
"China's criminal law stipulates that the behavior of the perpetrator intentionally or negligently endangering the life and health of the unspecified majority or the safety of major public and private property is a criminal act that endangers public safety.
"The crime of endangering public security is a very serious crime, second only to the crime of endangering national security. Because once it happens, it often causes or may cause casualties of unspecified majority, loss and destruction of a large number of public and private property, and the maximum penalty is life imprisonment or death penalty. "
Ding Hao, a lawyer of Jiangsu Tianzhe Law Firm, said: "Zhang Mingbao has the subjective intention of indirect intentional homicide. According to China's criminal law, after a traffic accident, the following two cases are treated as intentional homicide and intentional injury respectively. First, after the accident, intentionally kill the injured; Second, knowing that the victim was dragged under the car after the accident, he ignored the victim's life and death in order to escape, resulting in the victim's disability and death. After Zhang Mingbao hit many people, he still ignored the victim's life and death. It should be the second case of intentional homicide and indirect homicide. "
Jia Zhenghe, director of Jiangsu Shengdian Law Firm, said: "Zhang Mingbao hit the first person after drinking and driving, and was convicted of traffic accident. However, after knowing that his behavior was out of control, he still drove away at high speed, thus allowing this danger to exist, causing many casualties. Its subjective mentality is indirect intention, which conforms to the legal requirements of endangering public safety by dangerous methods. Zhang Mingbao's behavior should be combined with the crime of suspected traffic accidents and the crime of endangering public safety in a dangerous way. "
A professor of criminal law at the Law School of Nanjing University said: "The crime of endangering public safety by dangerous means is intentional crime, and the general subjective intention is" hating society and retaliating against society ",while the crime of causing traffic accidents is a typical negligent crime. The consequences of this case are serious, but the judicial decision is based on laws and facts. A sense of justice and compassion cannot replace the law, and public opinion cannot replace judicial trial. If there is no evidence to prove that Zhang Mingbao, the driver of the accident, had a subjective intention, it was entirely because he was drunk and his behavior was out of control. Generally, he should not be convicted of endangering public safety in a dangerous way. The crime of traffic accidents is a simple negligent crime, and those with particularly bad circumstances are sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "
Sun Guoxiang, a professor of criminal law at Nanjing University Law School, said: "From the legislative point of view, the seven-year maximum sentence for traffic accident in the Criminal Law is not low. Why do ordinary people feel that the punishment is lighter? Mainly there are some reconciliation behaviors in practice. For example, in some traffic accident cases, if compensation is in place, probation will be given. He believes that while civil compensation is in place, the shock of criminal punishment and "prison experience" cannot be relaxed. This will profoundly warn drunk drivers. "