My wife was hit, and the compensation could not be in place. How can I solve this knot?

Author:Righteous network Time:2022.06.24

Electric bicycle driver Xu will die in the non -motorized lane due to speeding and negligence. After the verdict came into effect, Ren Moumou's husband Zhang Moumou refused to accept it and filed a complaint to the procuratorate ... On June 23, the highest prosecution of the procuratorial organs was issued a typical case of a simple public hearing, including the "Zhang Moumou's criminal appeal. Simple and public hearing.

On the evening of August 19, 2021, when the defendant Xu drove an electric bicycle to a section of a road section of Bridge Town, Nanhu District, Jiaxing City, Zhejiang Province, due to the speedy and negligible observation, Ren Moumou, who would stay in the non -motorized lane, knocked down. He was injured in the injury and died of invalid rescue by the hospital. After the incident, Xu knew that the police were waiting at the scene, and the criminal facts were truthfully confessed after the case. It was determined that Xu was responsible for the accident, and Renmou had a secondary responsibility.

On February 28, 2022, the Nanhu District Court of Jiaxing City, Zhejiang Province sentenced Xu to one year or four months in prison for a traffic accident. After the verdict came into effect, Zhang Moumou, the husband of the original victim, did not accept the original case, Xu Mou, who did not apologize and compensation after the traffic accident. The request and did not notify him to participate in the trial, and filed an appeal to the Nanhu District Procuratorate.

After the appealing case was accepted, the Nanhu District Procuratorate decided to handle the case of the prosecutor's contract. After review, the original criminal judgment found that the facts were clear, the applicable law was correct, the trial procedure was legal, and the sentencing was appropriate. The organizer and Zhang Moumou further communicated that the main reason for the decision to file a decision was not understood by the law, and there was a deviation in the understanding; the family's economic difficulties, no compensation was obtained after the accident, and it was difficult to accept it.

In order to quickly and effectively solve the complaint of the appeal, the Nanhu District Procuratorate obtained Zhang Moumou's consent and decided to hold a simple public hearing. Relying on Zhejiang Provincial 12309 Procuratorate to make a system of system and normalize the spear adjustment center, the characteristics of the three -level linkage of the office, district and towns and villages, the Nanhu District Procuratorate invites the work of lawyers and the masses with many years of criminal work experience. Experienced people's medium workers serve as hearing and send the appeal materials to the hearing in advance for review. At the same time, considering Zhang Moumou's disability and inconvenient legs, an old mother in the family needs to take care of it at any time. And invite village grid members to participate in the hearing.

On the morning of March 24, 2022, Zhang Moumou's criminal appeal case was held in the local village committee. The prosecutor was the host. Essence In response to the issues raised by the appellant, the prosecutor pointed out that Xu knew that others were waiting for the police to deal with it at the scene. It belonged to surrender and could reduce the punishment. According to the guidance of "two highs", the case should be determined by the benchmark punishment under two years. The court's judgment comprehensively considers the circumstances such as the determination of the accident responsibility, the surrender, the conviction and the penalty, and the unpaid compensation. Voluntary abandonment from the withdrawal was not the court did not agree with his request; the economic conditions before the incident of the case of the case were embarrassed, there was no ability to compensate, and he was detained after the incident, so he failed to apologize.

The hearing immediately pointed out that the court's judgment based on Xu's crime and circumstances that Xu had not compensated Xu during sentencing; after Zhang Moumou withdrew a criminal attachment civil lawsuit, he no longer had the identity of the parties of the criminal case. It is not illegal to notify Zhang Moumou to participate in the trial. The village grid member introduced Zhang Moumou's family situation and pointed out that he was an ordinary farmer in the village and lived with his old mother. Both of them suffered from various diseases and needed long -term medication and poor family. After in -depth discussions and exchanges from all parties, the prosecutors explained in detail. The hearing issued a review opinion from a neutral third -party perspective, and agreed that the court's judgment was not improper. Zhang Moumou expressed his believe in the fairness and justice of the law, and signed a letter of view on the spot.

After the hearing, the Nanhu District Procuratorate considers that Zhang Moumou's poverty due to the case of poverty, immediately launched the judicial rescue procedure. Within three days, he issued a judicial assistance of 30,000 yuan in judicial assistance. Family living conditions pay attention and help. Zhang Moumou expressed satisfaction and gratitude to the prosecutor's approach. Nanhu District Procuratorate also actively contacted the village grid staff to conduct a return visit. He learned that Zhang Moumou's current life is stable, and the "crux" in his heart has been resolved.

(Source: Justice Network Writing: Liu Qian)

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