The result of the autopsy of the victims of the "textbook cheating" event announces the criminal responsibility of the perpetrators
Original title: 'textbook cheating' the result of autopsy of the victim will be released and the family members will pursue the criminal responsibility of the perpetrator
Recently, the event of "textbook style cheating in Tangshan" which has attracted much attention has continued to ferment. On the evening of December 9, Zhao Yong, the son of the elderly victim, announced on his microblog the autopsy results of Zhao Xiangbin, his father, by the forensic of Tangshan Public Security Bureau, confirming that there was a direct causal relationship between his death and the traffic accident.
According to Zhao Yong's essay, "the law is powerful, and my father Jiuquan knows it." the autopsy results show that there is a causal relationship between my father's death and the traffic accident. The next step is to investigate the criminal responsibility of the perpetrator Huang Shufen.
Zhao Yong told Southern Metropolis Daily that up to now, Huang Shufen and his family have not contacted him. According to the procedure, if one of Huang Shufen has any objection to the autopsy result, he can apply for reconsideration and reexamination. Therefore, these days, his father has been lying in the ice chest of the funeral parlor, unable to handle the subsequent affairs. 'I've been preparing (for my father's future Affairs). If the other party has no objection to the result, I can only cremate my father's body after the traffic police informs me next week. '
On December 1, 2017, Zhao Yong published a microblog saying that at 9:37, his father died of invalid rescue. Later, Zhao Yong informed the traffic police and the court of the situation. After discussing with his family, Zhao Yong agreed to have his father's autopsy carried out by a forensic doctor. The autopsy began at 5pm that day and took about 4 hours. Zhao Yong then rushed to Beijing overnight, copying the medical records of Beijing and five hospitals in Tangshan and giving them to the forensic doctor, who will determine whether the cause of his father's death is related to the traffic accident based on the autopsy report and medical records.
According to the forensic case appraisal report issued by the physical evidence Appraisal Office of Tangshan Public Security Bureau, Zhao Xiangbin, the deceased, died of multiple organ failure after a long-term vegetative survival state due to traffic injury. According to the medical records of the hospital after the injury, the location and characteristics of the original injury of the deceased were consistent with the characteristics of traffic injury, and the process of occurrence, development and death and traffic accidents included Direct causality. In view of this result, Zhao Yong said that the criminal responsibility of the perpetrators must be investigated.
According to the relevant judicial interpretation, the interface news reporter noted that if the traffic accident causes more than one person's death and bears all or main responsibility for the accident, it is suspected of the crime of traffic accident. However, Zhao Xiangbin died more than two years after he was seriously injured. Whether this kind of situation can be identified as a traffic accident causing death has not been clearly stipulated.
According to Zhao Yong's previous video on Weibo, in October 2015, Zhao Xiangbin, his father, was involved in a car accident and became a vegetable after several operations. Huang Shufen, the driver of the accident, has neither taken the initiative to bear the medical expenses nor made a sincere apology for the accident for two years. Until the court's judgment was issued, Huang Shufen still refused to compensate for the traffic accident losses of more than 850000 yuan by various' Laolai 'acts.
Tangshan intermediate people's court reported on December 1 that Huang Shufen and Zhao Xiangbin were held responsible for the traffic accident by the public security traffic police department, while Zhao Xiangbin was held responsible for the accident. Zhao Xiangbin filed two lawsuits on compensation and applied to the court for compulsory execution. Now the case is under execution.
According to the report of Tangshan intermediate court, on November 25, 2015, Zhao Xiangbin, the plaintiff, entrusted a lawyer to file a lawsuit with the Fengrun District People's Court of Tangshan for the first time, asking Huang Shufen and her daughter Liu Mingyue and Tangshan Branch of China People's Property Insurance Co., Ltd. (hereinafter referred to as PICC Tangshan company) to compensate for the loss of 120000 yuan. During the trial, the plaintiff filed an application for advance execution of 100000 yuan on January 12, 2016. On January 14, 2016, the people's Court of Fengrun District, Tangshan city ruled that the defendant Huang Shufen should pay 50000 yuan of medical expenses in advance. The judgment was implemented on January 15, 2016. On April 21, 2016, after the mediation of the court, the defendant, PICC Tangshan company, agreed to compensate the plaintiff Zhao Xiangbin for the loss of 308000 yuan caused by the traffic accident within the insurance limit, and the insurance company made compensation to Zhao Xiangbin in place on May 24, 2016.
On February 13, 2017, after the plaintiff Zhao Xiangbin assessed the disability level, he entrusted a lawyer to file a lawsuit to Fengrun district court again, asking the three defendants to compensate 3571748.71 yuan. After the trial, the court made a civil judgment, ordering the defendant, PICC Tangshan company, to compensate the plaintiff Zhao Xiangbin 112000 yuan within the limit of compulsory traffic insurance; the defendant, Huang Shufen, to compensate the plaintiff Zhao Xiangbin for various losses in traffic accidents of 935935.37 yuan, excluding 76000 yuan already compensated, and 859935.37 yuan should be compensated. The plaintiff and the defendant did not appeal against the judgment. After the expiration of the time limit for the effective performance of the judgment, PICC Tangshan company made compensation to Zhao Xiangbin according to the second judgment. So far, PICC Tangshan and Huang Shufen have paid 496000 yuan in total.
However, due to Huang Shufen's delay in fulfilling his obligations in accordance with the judgment, Zhao Yong applied for compulsory execution on September 5, 2017, and on September 7, 2017, Fengrun execution team of the fourth branch of the Executive Board of Tangshan intermediate court filed a case for execution. Through the network investigation and investigation to the vehicle registration, real estate and other management departments, no real estate, vehicle registration information and deposits were found under the name of Huang Shufen. In view of Huang Shufen's failure to declare his property as required and his refusal to perform the effective judgment, the court included him in the list of dishonest executors and restricted high consumption.
After further investigation by the court, Huang Shufen and her daughter Liu Mingyue lived together. The court investigated Liu Mingyue's property status according to law, and found that a real estate registered in Liu Mingyue's name paid down deposit and down payment of more than 178000 yuan in July and August 2014 in the name of Liu Mingyue. On December 3, 2015, Huang Shufen's mother and daughter jointly handled the loan procedures for the house, and the first payment of the house was made Huang Shufen's contribution in the payment and repayment of the loan was seized according to law; two cars under Liu Mingyue's name, one was Shanghai Volkswagen Polo small car purchased in December 2014 (accident vehicle in this case), and the other was Dongfeng Yueda Kia kx3 small car purchased in November 2015. At present, there is no evidence of Huang Shufen's purchase.
On November 24, 2017, after investigating in Tangshan Central Branch of Ping An Life Insurance Co., Ltd., the investigators froze Huang Shufen's commission account and the policies he purchased according to law. Due to Huang Shufen's refusal to perform the judgment, on November 25, 2017, Huang Shufen was legally detained for 15 days. On the afternoon of November 25, Liu Mingyue paid 30000 yuan of compensation to the court on behalf of Huang Shufen.
Tangshan intermediate court said that the court is carrying out an in-depth investigation on Huang Shufen's property and whether Huang has transferred property. Once it finds that Huang Shufen's property is available for execution, it will dispose of it according to law and pay it in time. Once it is found that Huang is suspected of refusing to execute the court's judgment and ruling, it will transfer it to the public security department as soon as possible according to law to investigate its criminal responsibility. According to the actual situation of execution, the case cannot be executed In part, judicial assistance should be launched in time.