Lawyer

Chapter 219 Isn't This Wiping Mud!

After the police came to Zhao’s house, they investigated the scene. There was no need to investigate the identity of the deceased. The police knew him. He was released from the prison some time ago and registered at the police station. He was a habitual theft criminal, Liu Cai from the next-door village.

There were traces of climbing on the courtyard wall many times. Later, the meat and bones were tested to be highly poisonous, and there were fingerprints of the deceased on them.There was no one at home at the time of the incident, and it was preliminarily determined that the deceased was bitten to death by a dog.The dog was poisoned to death after eating meat and bones, and the onset of toxicity may be relatively slow. Before the dog died, Liu Cai jumped into the courtyard to steal and was bitten to death by the dog.

A few days later, Liu's family felt that although Liu Cai misbehaved and burgled, but the crime was not worthy of death, and a living person was lost like this.

The statement given by the public security department is: If the dog owner is present when Liu Cai enters the home and steals, the dog owner instigates or allows the dog to kill Liu Cai. The dog biting Liu Cai is the owner's defensive behavior. For the house theft, the owner can only implement General defense.When Liu Cai was bitten by a dog and lost his ability to resist, if the dog owner did not stop it in time, resulting in Liu Cai's serious injury or death, the dog owner's behavior was excessive defense and he should bear criminal responsibility.

But the situation in this case is different. When Liu Cai burglarized, the dog owner Zhao Sanhua was not at the scene. The burglary obviously exceeded Zhao Sanhua's general prediction range.Zhao Sanhua just kept the dog at home and took care of the home, so he didn't have the possibility to foresee the possibility of burglary. Therefore, Zhao Sanhua did not constitute the crime of negligent death in this case.

Although the dog owner Zhao Sanhua did not take necessary safety measures for the large dogs raised, such as tying up the dogs, there would be risks to ordinary people (such as people who walked through the wrong door or neighbors, etc.), but the illegal behavior of climbing over the wall and entering the house , was purely an accident, subjectively neither intentional nor negligent to the dog owner Zhao Sanhua.

The police finally judged that this was an accident and did not impose criminal punishment on Zhao Sanhua.

Zhao Sanhua thought that his dog killed someone, anyway, this is a human life, and he should do something, so he asked someone to bring a message to the Liu family, willing to pay 2 yuan, which is regarded as a gift to the Liu family. Compensation, put it off.

But Liu's family felt that Zhao Sanhua was subdued and easy to bully. He demanded 50 yuan per mouth, and if he didn't pay, they went to the court to sue him.

The middleman brought the words to Zhao Sanhua, who was angry when he heard it, and the theft was justified!It's too little to give you 2 yuan, so you can sue wherever you like, I won't give you a cent, it depends on what you can do.

Not long after, someone came to Zhao Sanhua's house and told him that Liu's family had sued in court and told him to make preparations.Although Zhao Sanhua thinks he is reasonable, he also knows that what is reasonable is not necessarily legal, and what is legal is not necessarily reasonable, so his heart beats, so he thinks of Fang Yi.

After Zhao Sanhua finished speaking, Fang Yi fell silent, Liu Yuan put down his wine glass and asked, "Lawyer Fang, how much money do you have to pay for the case of Sanhua's family?"

Liu Yuan felt that the thief was only stealing things, and the crime was not fatal. Moreover, Zhao Sanhua raised a large strong dog and left it unleashed in the yard, killing people to death, and he himself had some mistakes.So he felt that a big living person was gone, and the brother-in-law had to pay some compensation to the Liu family.In his subconscious mind, he believed that "whoever dies is justified."

According to the legal theories and regulations on harm caused by raising animals, as one of the special types of infringement, the harm caused by raising animals is different from general torts, and the principle of liability without fault is adopted. Even if the breeder is not at fault, if the breeder causes harm to people, Should also bear civil liability.

(According to Article 240 of the "Civil Code of the People's Republic of China": if the raised animals cause damage to others, the animal breeder or manager shall bear the tort liability; , the liability may not be assumed or reduced.)
"I think the Sanhua Brothers may not need to compensate each other for this matter." Fang Yi thought for a while and said with arms crossed.

"Oh? How do you say it?" Liu Yuan and Zhao Sanhua looked at Fang Yi together.

"The case of Sanhua's family is different from ordinary dog-bite cases.

First of all, Liu Cai is a habitual theft criminal. When Sanhua’s house was empty, he climbed the wall and entered the courtyard and broke into the private house. health.

In addition, he is an adult with full capacity for civil conduct, and he is responsible for his own actions. Even though he knew that Sanhua’s family had a large bulldog, he still broke through the wall and entered the house. The risks caused by this should be entirely borne by him.

In addition, the Sanhua brothers are not at home, and there is no subjective intention or negligence for the dog biting man, so they should not be held responsible.So I think that according to legal principles, the court may not order the Sanhua Brothers to compensate the other party. "Fang Yi said.

"Oh!" Liu Yuan and Zhao Sanhua glanced at each other, the joy in their eyes had just appeared, Fang Yi poured cold water on him again.

"However, judging from the current jurisprudence, the views held by many courts are exactly the opposite of what I just said. They generally believe that as long as the dog at home kills someone, the owner of the dog should bear some responsibility.

As long as the dog owner is at fault, regardless of whether the fault has a direct causal relationship with the cause of death of the bitten person, the dog owner will be sentenced to bear certain responsibilities.The purpose of the court's sentence is more to appease the family members of the deceased. "Fang Yi said.

"Damn, there's still such a thing. Isn't this just smearing mud!" Liu Yuan looked at Fang Yi suspiciously.

"Mr. Liu, my ideals are full. As a lawyer, I used to have a lot of visions when I was in school, but when I actually engaged in legal work and read thousands of criminal judgments, I suddenly felt helpless and helpless in reality." Fang Fang Yi smiled helplessly.

"Lawyer Fang, my family's case is estimated to be notified by the court after the end of the new year. If it is impossible, you should represent me. I always feel uncertain!
As you said just now, it is best to win this case. If the court really awards me compensation in order to settle the matter, I will accept it. " Zhao Sanhua said.

"Well, it's best for you to think so. We have to work hard for the best in everything and prepare for the worst. Tell me when the court notifies you to start the trial after the Chinese New Year." Fang Yi said.

"The lawyer's fee for this case..." Zhao Sanhua asked hesitantly.

"Lawyer Fang, we all know what happened some time ago, you can charge as much as you want for the lawyer's fee." Liu Yuan said.

Some time ago, Fang Yi was punished by the Lawyers Association, which caused a lot of trouble in the city. Liu Yuan naturally knew it, so he didn't want to embarrass Fang Yi.

Zhao Sanhua also echoed: "Yes, Lawyer Fang, you have strong professional ability, and I can trust you." He said so, but he kept chanting Buddha in his heart, so don't ask for too much.

　Save some manuscripts, two chapters today, more on Monday!

　　
　
(End of this chapter)