The criminal supplementary civil action case representation -- Wu Jiangfeng to provide legal aid

Background:In criminal cases, the target is 600000, the 4, and the guardian. By the aid of the object is a juvenile, because young not sensible, follow others to fight, the results of other people the victims thorn into a vegetative state, he just kicked two feet into accomplice. (criminal cases dealt with) the juvenile is the people of Guizhou, his parents are migrant workers from Guizhou to Zhejiang to work, family is very difficult. His parents all the way through to contact me, I feel the child attitude is good, the future can still make good transformation, therefore accepted the case, citizens participate in the criminal supplementary civil action stage trial. The case after a morning of the trial, the judge of the mediation proposal, the plaintiff and defendant in the mediation of tug of war, through my efforts of mediation, the effect is very good.

Originally, each other up "the four defendants to pay compensation of 600000, and bear joint and several liability" my party mediation is the result of "my party compensation for 50000 yuan, 10 days of a one-time payment, a one-time solution, the victim's father to write the book understanding way, pay reparations to the Book Understanding: submitted to the court the judge at the same time pay" but, my party is not responsible for the joint and several liability, alone to make a mediation agreement.

Other parties have not requested a lawyer, is the guardian of defense, a common opinion then they are commissioned me to integrate the 4 defendants for mediation, the mediation results for "alone do mediation book, do not bear joint and several liability, compensation is the sum of 60000 5000 yuan, paid in three phases, the time span of 2 years, with the first payment of 3 days to pay, but the father did not write to submit the book understanding. Note: the book understanding important considerations in court for sentencing

The following is my agent told Luo Meili, Zhang Hui in court to speak the word agent, to have little talent and less learning, please the law teacher, legal workers, legal lovers criticize us:

The crime of intentional injury cases, the criminal supplementary civil action proxy word

First of all, I represent the defendant Luo Meili (a pseudonym, Zhang Hui Master), Zhang Hui (a pseudonym) to the plaintiff's family to apologize, and to ensure that the plaintiff families, in the range of legal liability by judicial recognition of our bounden, the defendant Luo beautiful, Zhang Hui will make compensation in accordance with the law, the hope can get the plaintiff and sincerity the plaintiff families understanding.

Respected judge:

Commissioned me to accept the defendant Luo Meili, Zhang Hui, as party sues Luo beautiful, Zhang Hui eight defendants in criminal incidental civilLitigation case agent. The court investigation, the agent to a further understanding of the case, the agent are as follows:

First, this case is Zhao (in the case of the other defendants, was under 14 years of age) the plaintiff a stab into severely wounded with a knife, because Zhao a irrational behavior,The original is together very ordinary young fight event suddenly upgraded to serious criminal cases.Prior to this, all involved in the quarrel between the defendant did not advance a conspiracy intentionally injury. Therefore, the accused Zhao and his mother Lu (Guardian) shall bear civil liability for compensation in most of the.

Second, the cause of this case is the defendant Wang (in this case the other defendants) caused by. The public security organs in the case record according to the record, the same day, Shao (Department of the plaintiff's friend, the day Shao for trifles with the plaintiff a mistake the defendant Wang as retaliation) found that Wang is not the guy, the defendant Wang asked: "Is it right? Want to fight", the original to Party A said: "casually". So in the day at about 16, the defendant Wang called Zhao, Feng, Zhang Hui in the coastal city, No. 8 Haibin Road (a pseudonym) brother inside the Internet bar, the plaintiff a insults, pushing, the final result of Zhao lost a reasonable lead to tragedy. In this case, only the feet kick the defendant Zhang Huiquan process, and not a direct cause of the plaintiff was injured the perpetrators, belonging to an accessory. Therefore, the defendant Zhang Hui only bear secondary liability.In addition toAddition, the defendant Zhang Hui can use their mobile phone to dial the hospital emergency telephone at the time of the crime, send an emergency request to the hospital, and before the ambulance has not yet arrived, the plaintiff on-site emergency treatment, the defendant Zhang Hui remedial measures, recall the life (the plaintiff has discharge in the trial), to avoid the greater damage, therefore the defendant Zhang Hui has circumstances lighter punishment.Will the judge in this trial, considering the above the defendant Zhang Hui, do appropriate to reduce the accessory based on.

Third, the defendant Zhang Hui is a first offense, and pleaded guilty to justice after good attitude, can accept education reform initiative.Zhang Hui under 18 years of age, there is only one reading in the middle school, he is young, the social experience is still shallow, law is a double-edged sword, if a guilty attitude in middle school students to impose heavy fines words, legal sword the plaintiff and family comfort, but it is also possible from ruin a child's future, but also deeply through the mother's heart.Moreover, the defendant Luo Meili and her husband economic conditions are very poor (the defendant Zhang Hui's parents), two people currently has no fixed work, usually in the countryside of Guizhou farming, slack to children's tuition and the elderly medical expenses to be forced to leave one's hometown came to Zhejiang to work, family in order to survive, life is very hard.The law should not to is implemented in reading boy simple "violence for violence"The trial judge, I can consider the special case the defendant Luo Meili, Zhang Hui now, be dealt with leniently.

Fourth, in the amount of compensation, should not have mental damage compensation project. According to the Supreme People's court shall release No. [2002]17 of judicial interpretation, the criminal acts of the defendant suffered loss of the spirit of an incidental civil action, or concluded in the criminal case, the victim shall claim for compensation for mental damages in civil litigation, the people's court shall not accept the case. Therefore, the court shall not support the plaintiff about the mental damage compensation request.

Fifth, the defendant has faced criminal cases, the defendant Zhang Hui is bound to be punished, but in the civil liability, if the defendant Zhang Hui will be subjected to heavy penalties,It is difficult to imagine that a 10 year olds if just got out to carry a heavy debt, it will produce second harm how serious for his physical and mental, the teenager Is it right? With twisted dark negative psychological went on the road is not positive.Therefore, implored the judge,In order to protect underage, so that it can accept education and reform better, after prison can pick up confidence in life, to continue to write their own beautiful life,The amount of compensation to the plaintiff, please Luo Meili Zhang Hui should be appropriate to reduce the trial.

To sum up, ask the judge in the trial of the case, considering the defendant Luo Meili, Zhang Hui above, lighter treatment, the responsibility judgment, and based on appropriate reduce.

Author: Wu Jiangfeng (Wu Jiangfeng public legal service network)

The verdict:The deadline will be arrived, the plaintiff to consider the actual capacity to pay, after consultation, at last40000 5000 yuanA one-time solution, and issued by the plaintiff's fatherThe Book UnderstandingThe end of the story, civil suit collateral to criminal proceedings. Then, after half a month later, a criminal judgment of first instance came out, the four defendants in addition to the other three criminal cases outside my principal Zhang Qing defendants were sentenced to 4 years in prison, and Zhang Qing for understanding other may be given a lighter sentence and plot was sentenced toFor a period of 3 years. In addition, Zhang QingDon't carry out hefty debt, while the other three defendants from prison to hundreds of thousands of joint debt.