The compensation request is too high to reach a settlement, they do so
Author:Nine Pai News Time:2022.08.16
[Source: Jiangsu Provincial Procuratorate_ 【【【]
In the case of minor personal injury, on the one hand, the suspect voluntarily pleaded guilty and was willing to actively compensate the victim's losses; on the other hand, the victims proposed a compensation request of significantly higher actual losses, resulting in the failure to reach a settlement. In the case of this situation, the compensation margin deposit system has become an important support for implementing less and prudent judicial policies. Recently, the procuratorate of the Hanyang District Procuratorate of Wuhan City, Hubei Province launched a compensation deposit deposit system. After the criminal suspect's family members paid the compensation margin, the suspect did not approve the arrest decision.
In May this year, when Zhao had a dispute with Wang when he bought food, he knocked Wang on the ground, causing his waist and back to be injured. After identification, Wang's damage is secondary. On July 11, the case was transferred to the Hanyang District Procuratorate for review and arrest.
"The case is a case of light damage, but the amount of compensation requested by the victim far exceeds the actual loss. The negotiation between the two parties has not reached a compensation agreement." After the prosecutor's acceptance of the case, the prosecutor organized the mediation many times, but the difference between the two parties was large, not without the differences, but the two sides were large. The amount of compensation can be reached, and the final mediation fails.
"We are willing to actively compensate Wang's losses and hope to obtain understanding." Zhao's family said in the mediation.
After review and judgment, the prosecutor believed that the case was caused by the dispute between the residents. Subsequently, the prosecutor introduced the system to the criminal suspect, listened to the opinions of both parties, comprehensively lost the victim, and calculated the amount of compensation after searching for similar cases. After the procuratorial organs notified, the family members of the suspects went to the notary department to deposit the compensation margin on behalf of the notary department. Since then, the prosecutor has continued to conduct mediation work on both sides.
It is understood that since the Hanyang District Procuratorate and Wuhan Qintai Notarization Office signed the "Notarization Participation in Criminal Cases Compensation Submit Cooperation Agreement", it has relying on criminal case compensation deposit deposit system to make no arrest decisions on three minor criminal cases.
You also (correspondent Liang Fengfeng Guo Ruihua Zhang Kaiqi) Recently, a public prosecution was filed by the Procuratorate of the Yaudu District of Linfen City, Shanxi Province. Earlier, during the review and arrest stage, the court applied Wang to the deposit system for compensation for the deposit of the deposit, which effectively promoted the implementation of the criminal judicial policies of less arrest.
In August 2021, in the process of stuck to Han's house, Wang had a dispute over the problems and quality problems of the two sides. Wang was resentful and smashed the posted tiles. Later, the price certification center of the Public Security Bureau of Yaodu District was identified that the destruction of the property was worth 5,109 yuan.
On December 23, 2021, the public security organs were submitted to this intentional destroyed property case to ask the Yaudu District Procuratorate for approval. The prosecutor conducted a detailed review of the facts and evidence of the case, asked the victim Han, and heard the opinion of the suspect Wang. The prosecutor found that Wang had confession and regret after arriving, and repeatedly stated that he had the willingness to compensate the victim's loss and hoped to understand. However, the two parties failed to negotiate the amount of compensation and failed to reach a settlement. During Wang's detention, the prosecutor believed that the case could be applied to the deposit system for compensation, and then negotiated with the public security organs, and Wang's relatives actively paid the deposit for their initiative.
Since then, the Yaudu District Procuratorate has been reviewed that the case of the case is clear and the evidence is indeed sufficient, the amount of crime has just reached the standard of filed, and the suspect is a first offenders and occasional criminals. When the trial did not cause social danger and may be applicable to probation, he made a decision on the arrest of Wang on December 25 of the same year on December 25 of the same year.
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