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A criminal suspect shall not be subject to criminal punishment.
Yesterday, Xu Rong, a lawyer of Beijing Zhongrun Law Firm, said in an interview that if three people, including Lin, threw small stones and concrete blocks at passing vehicles for fun according to the investigation results released by Huizhou police, among them, the concrete block thrown by Lin penetrated Xing Dan's windshield, causing Xing Dan to be injured and die, the three suspects would not be criminally punished.
Xu Rong said that according to Article 17 of the Criminal Law of People's Republic of China (PRC), "a person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning shall bear criminal responsibility." Not criminally responsible for other crimes.
In this case, Lin and other three people "threw pebbles and concrete blocks at passing vehicles for fun", causing death through negligence, not intentional injury or intentional homicide. If Lin is under the age of sixteen, no criminal punishment shall be imposed, and his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government. The other two suspects who were thrown pebbles by their companions were not convicted because they did not cause harmful results.
As Lin is a minor, his civil liability will be borne by his legal guardian. In this case, Lin Moujian needs to bear the alimony of Xing Dan's daughter Xing Xiaocongfei 18 years old, the alimony of Xing Dan's parents, Xing Dan's death compensation, funeral expenses and mental damage compensation.
Xu Rong also said that if the family members don't accept this result, they can ask the public security organs to re-examine it, or they can apply for a simulation test-can the car hit the front windshield when it throws stones at the car while driving on the expressway? What is the probability?