Extraordinary comment | Make a native to poisoned corn grain to 9 sheep died, and was sentenced to probation in the end.

Xu Hanxiong, a polar news commentator

Recently, the People's Procuratorate of Hongdong County, Linfen, Shanxi notified a case. A villager was poisoned in his own place. He killed 9 sheep for poisoning others. As a result, "the death of 9 sheep was sentenced to death," his own ground poisoned corn grain "was sentenced to a hot search, causing heated discussions. (According to "Daily Economic News" on September 11)

According to reports, in February 2021, Yang was often trampled and eaten by herds because of her own medicinal materials, and she took out the corn kernels soaked in pesticides. On the east and west sides of the medicinal land, Yang each placed a carton piece with "careful and toxic" as a warning. The next day, Zhang Mou, the villager of the same village, put the sheep to the place. Nine goats died after eating toxic corn particles.

It was identified that the corn kernels and the stomach of the dead goat in the medicinal materials of Yang were detected in the contents of the stomach of the dead goat. The identification value of the nine goats is 13940 yuan. After the incident, Yang was summoned to actively go to the criminal facts to compensate the victim of 2,3600 yuan and obtain understanding. The Hongdong Court ruled that Yang committed the crime of investing in danger, and sentenced him to one year and six months in prison and two years in probation.

This incident caused heated discussion among netizens. Some netizens questioned unfairly and believed that the villagers had to compensate the loss of the dead sheep. Crops that were ruined by the sheep should lose money? Some netizens think that one yard is one yard, and sheep is responsible for taking care of their own sheep, but there is also a mistake in poisoning in the ground.

Whether this verdict is fair, you might as well see similar examples. In July 2022, the People's Procuratorate of Hulan District, Harbin City, Heilongjiang Province accepted a case of suspected dangerous substances. The suspect Zhang Moumou died on his cultivated land and ridge in order to protect his field from being discharged from rats, and he died after the 14 sheeps in the village's farmers were eaten by poisonous corn grains by 14 sheep.

After reviewing the Hulan District People's Procuratorate, Zhang Moumou's behavior belonged to the dangerous substances of negligence, and no casualties and property losses had not yet reached the criminal file standard. Finally, Zhang Moumou did not constitute a crime and made a decision to arrest him without approval.

The two cases are similar, why is the judgment different? The prosecutor found that Zhang Moumou did not constitute a crime because Zhang Moumou's mouse medicine was to destroy the rat. He did not know that someone was putting sheep nearby, not going to the sheep. And Yang was poisoned because the medicinal land was often trampled and eaten by the flock. Although the consequences of the sheep were poisoned, the subjective cognition of the two was different. Therefore, there is a difference in judgment.

According to media statistics, more than 300 related cases were searched on the Chinese referee documents. From 2014 to 2021, dozens of farmers have caused livestock to die by accident after sprinkle their drugs, orchards, and forest land every year.

According to statistics, the consequences of damage are mainly property losses and generally below 40,000 yuan; most of the defendants are first offenders, and they have frank or self -proclaimed circumstances. June. It was also found that more than 20 cases of non -prosecution were also found, mainly to determine non -prosecution, that is, the crime was mild, and no punishment was required.

In other words, the proportion of non -prosecution is very small, and most of them have been sentenced to probation. Therefore, from the jurisprudence, 9 sheep died in their own place of poisoned corn grain, which was sentenced to a common judgment.

Because such cases are different in the grasp of "crime and non -crime", "complaints and not complaints", the legal community also has different views. Netizens have different views, it is normal. How to avoid disputes is to analyze specific cases.

In addition, to promote the prevention work outside the case, to do a good job of publicity to the villagers through the interpretation of the case, to strengthen the management of the law popularization, to strengthen the management of toxic and harmful items, resolve civil disputes in a timely manner, and avoid similar cases. It is also a good solution.

(Picture source network)

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