Why is it convicted of being sentenced to destroying traffic facilities?
Author:Righteous network Time:2022.06.13
While stealing the well cover on the road at night, is the crime of theft or the crime of destroying traffic facilities? The prosecutor's on -site investigation, consolidating the evidence, and finally identifying the truth and changed the qualitative of the case. Public prosecution was filed by the Tanghe County Procuratorate of Henan Province. On June 7, the court adopted the public prosecution opinion of the court and punished the defendant Shi Mou's crime of destruction of traffic facilities with the crime of intentional injury. Four years and six months in prison.
In the early morning of March 2nd this year, Shi Mou, a villager in Yuantan Town, Tanghe County, drove an unlicensed electric tricycle to the East Road of Shengju East Road in the Tanghe County Industrial Zone while night, and stole the six shaft caps on the sewer on both sides of the highway. Essence At 8 o'clock on that day, Shi Mou sold the stolen manhole cover to Wang (another case) who was engaged in the acquisition of waste products at a price of 468 yuan. On March 4, the public security organs transferred the case to the Tanghe County Procuratorate for examination and arrest on the crime of theft. But Shi Mou was suspected of theft, or was it crime of destroying traffic facilities? After research and discussion, the prosecutor believes that the stolen manhole cover on the road of social motor vehicles that is in use is sufficient to overturn the car and tram to the danger. In case, criminal liability shall be investigated for destruction of traffic facilities. However, among the dossiers transferred by the public security organs, the existing evidence does not show relevant data such as the traffic at the place of the crowd, the actual size of the manhole cover, and the depth of the ditch, which is difficult to qualitatively qualitative. The prosecutor then decided to conduct field investigations on the place of the crime, investigate the traffic of the people at the place of the crime, and measure the size of the manhole cover and the depth of the ditch.
After the field survey, the prosecutor found that Shi Mou's theft of the stolen stream of the well -used manhole cover was enough to endanger public safety and threatened the safety of the lives and property of the people. The six stolen stolen stolen stoles are installed and used in the municipal management of Tanghe County in November 2021, worth 2592 yuan. The Tanghe County Procuratorate believes that Shi Mou's criminal responsibility should be investigated for suspected damage to traffic facilities, so he changed the qualitative of the case, approved the arrest of Shi Mou on suspicion of destroying traffic facilities, and filed a public prosecution in May this year.
On June 7, the court hearing believed that the procuratorial organs accused of charges. After the case, Shi was able to truthfully confess his criminal facts and voluntarily pleaded guilty. However, when the Shi Mou department committed a new crime during the probation test period, the probation should be revoked, and the crimes were punished and punished. For three years of probation, the number of crimes and punishment was decided to merge and execute the sentence of four years and six months in prison.
(Source: Procuratorial Daily Author: Liu Lixin Niu Lingyun Cao Shu Road)
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