On July 2, the Procuratorate Daily published one such case. On February 22, 2024, the intentional homicide case of Zhang, which was prosecuted by the Daxing District Procuratorate of Beijing, was tried in court, and Zhang, who hit someone with his car, defended in court, "I just wanted to drive to scare and scare the other party, I didn't think about it so much, I thought about driving to them and then stepping on the brakes to stop, but I was so angry at the time that I didn't catch it."
The picture comes from the Internet and has nothing to do with news facts
Recently, Zhang was sentenced to four years in prison by the court for intentional homicide, and Zhang said in court that he voluntarily pleaded guilty and accepted punishment.
Zhang is the manager of a restaurant in Daxing District. On August 16, 2023, because the sewer of the hotel was blocked, Zhang made an appointment through the Internet to repair the maintenance masters Yu and Wang to dredge it. During the dredging process, the other party told Zhang that he needed to use the canal potion to dredge the pipe, which cost 350 yuan per bottle, and Zhang, who was on the phone, agreed without further asking. After the sewer was dredged, the other party told Zhang that a total of 10 bottles of potion were used, plus the dredging fee, a total of 4,400 yuan. Hearing the final repair price, Zhang felt incredible, suspected that he had been tricked, and asked to renegotiate the price.
During the negotiations, the two sides did not back down from each other. Then the two sides began to quarrel and abuse, Yu and Wang directly insulted Zhang, "Talking doesn't count, you have to let the car crash to death when you go out like this", Zhang replied, "Whoever doesn't hit and kills whom, who is the grandson". Seeing that the quarrel between the two sides intensified, Zhang's boss Li stepped forward to stop the quarrel, and at the same time renegotiated with Yu, and finally paid 2,000 yuan.
The picture comes from the Internet and has nothing to do with news facts
I thought that the matter would end here, but the more I thought about it, the more angry Zhang became, went straight downstairs and sat in his car, started the car and waited for the other party to come out. In the early morning of the 17th, after finishing work, Yu and Wang walked to the hotel parking lot to prepare to leave, Zhang drove a car directly into the two, and Yu and Wang were pushed by the car and knocked down. Zhang's car slashed into two other cars in the vicinity and did not stop until he hit a third car. Yu, who was knocked into the air, got up from the ground and ran to the side, while Wang was knocked unconscious and fell to the ground.
After Zhang drove into someone, he immediately reversed several meters and drove towards Yu again, during which he ran over Wang, who was knocked to the ground. At this time, Li heard the sound and ran down from the upstairs to dissuade Zhang, but Zhang ignored it and continued to reverse, and ran over Wang again. After Zhang stopped the car, Yu dragged Wang aside, Li called the police, and Zhang sat in the car until the police arrived. After identification, Yu was slightly injured in the second degree, and Wang was slightly injured in the first degree.
The picture comes from the Internet and has nothing to do with news facts
On October 20, 2023, the public security organs submitted a request to the Daxing District Procuratorate for approval of arrest on suspicion of intentional injury by Zhang. Although the two victims who were hit were both slightly injured, the prosecutor handling the case believed that Zhang's actions might be suspected of attempted intentional homicide, so he immediately guided the public security organs to supplement the investigation after approving the arrest, focusing on verifying the weight of the vehicle driven by Zhang, supplementing the identification of the speed of the vehicle at the time of the collision, and whether the vehicle had exactly run over the victim Wang.
On December 27, 2023, the public security organs transferred Zhang to the Daxing District Procuratorate for review and prosecution on suspicion of intentional homicide. On January 26, 2024, the court indicted Zhang.
So from a legal point of view, how should this matter be evaluated?
The author of the headline number "Carrot Says" @胡萝卜说法对此进行了分析.
Lawyer: This is intentional homicide!
First of all, Zhang's behavior of driving into two masters and repeatedly running them over has subjectively the intention to harm others, and his behavior has constituted the crime of intentional homicide.
However, in terms of sentencing, although Zhang's behavior was of a heinous nature, fortunately, neither of the two masters was in danger of life, and this result reduced the harmful consequences of the criminal behavior to a certain extent.
In addition, the court will comprehensively consider various factors when sentencing, such as Zhang's motive for committing the crime, the means of committing the crime, and his attitude after committing the crime. Zhang may have shown a certain degree of remorse after the fact, or there may have been other mitigating circumstances.
At the same time, the judgment of the law needs to follow strict legal procedures and rules of evidence to ensure fairness and accuracy. Sentencing for the crime of intentional homicide is not simply based on the degree of heinousness of the conduct, but is judged on the basis of the specific circumstances of the case.
Article 232 of the Criminal Law,
Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
Less serious circumstances usually include:
Righteous indignation, passion, entrustment, helping others, excessive defense, homicide because the victim persecuted the perpetrator for a long time, etc.
(Zero Degree Time Review Comprehensive Procuratorate Daily, Yunnan Net, Headline Author @ Carrot Statement)