Chapter 73 No one was hurt, making a fuss(1/2)
Shen Dao glanced at him.
He frowned and asked: "I shot a bird with a gun, and you passed me by. I didn't shoot you. Isn't it murder?"
He Bimin was stunned for a moment and suddenly choked on his words.
And Shen Dao took a deep breath.
Deciding to educate the property manager on the law, he said in a deep voice: "Criminal law stipulates that intentional homicide refers to the act of intentionally and illegally depriving another person of his life, including direct intentionality and indirect intentionality."
"This behavior requires subjective intention, that is, knowing that one's behavior will cause the harmful consequences of the death of others, and hoping or allowing this result to happen."
"Obviously, the behavior of throwing objects at high altitude is consistent with subjective intention."
Anyone with the ability to act independently knows that throwing things from heights can cause harm.
But the thrower threw it anyway.
It completely constitutes an attempted intentional homicide based on subjective motives.
actually.
Since the criminalization of throwing objects from high altitude and drunk driving, many cases of injuries caused by throwing objects from high altitude have been finally sentenced to intentional injury or intentional homicide.
Especially in the surveillance video, it was after dinner.
There are many residents coming and going in the community.
Suddenly a wine bottle falls from the sky, which is no different from intentional murder.
only……
The special thing about this eucalyptus is that it did not cause any casualties or property damage.
Criminal law has always been the law of last resort.
Crimes of intentional homicide and intentional injury are serious crimes under the criminal law, and the maximum penalty is the death penalty, which generally depends on the consequences of the incident.
If there are no serious consequences, the crime of intentional homicide will not be charged.
Strictly speaking, the final punishment is determined...
There is a high probability that it is still a crime of throwing an object from high altitude.
If the crime of throwing objects from high altitude is punished, depending on the seriousness of the case, the person will be sentenced to fixed-term imprisonment of not more than one year, short-term detention or public surveillance, and may also be fined or alone.
The incident that Qin Mu encountered did not cause any damage, and it was not even serious.
therefore.
Most likely it will just be a fine.
This is where the law is both very humane and very painful.
Intentional homicide without serious consequences...
In the end, it was reduced to a minor matter, and it was attributed to a high-altitude parabola, and at most it was fined.
After Shen Dao analyzed and explained the case.
He Bimin's originally nervous expression gradually relaxed.
He quickly said: "Well, although the other party's behavior is bad, legally speaking, it is still throwing an object from a high altitude, so it's fine if you don't get punished."
Shen Dao gave him a cold look and ignored him.
Instead, he turned around.
He looked at Qin Mu and asked, "You are the person involved in this case, what are you going to do?"
This eucalyptus was reported by Qin Mu.
He explained it very clearly just now, if we continue to investigate...
The other party will most likely impose a fine of less than 2,000 yuan, and may not even be subject to detention or surveillance.
But Qin Mu didn't even think about it and said directly: "What else can we do? Of course we must find the thrower first."
After reading various legal books these days.
He also knew that Shen Dao's analysis just now was very professional and correct.
The crime of throwing objects from high altitude can indeed be linked to the crime of intentional homicide, but it must be based on serious consequences.
For example, hit someone and cause serious injury or death.
But he was lucky, he didn't get hit, and escaped disaster.
This also leads to this behavior...
It is impossible to convict him of intentional homicide or intentional injury.
but……
This doesn't mean that he has no way to punish this thrower!
Hearing this, Shen Dao also nodded.
Even if the crime is not serious, the person must be found first.
Later.
He looked at He Bimin again and asked: "From the surveillance, only four households, two units above the fourth floor, can be excluded. Has anyone come out to admit their guilt?"
He Bimin was very cooperative and quickly replied: "We have issued an announcement to the owner group of 2 units in Building 10, but no one has acknowledged it so far."
Finished.
He took out his mobile phone, opened the WeChat group, and showed it to Shen Dao and Qin Mu.
Among the owners of 2 units in 10 buildings.
After the announcement was made, more than a dozen people spoke out.
But most of them are just joining in the fun and condemning this thrower.
No one admits it.
"It's going to be difficult now. Let's visit first."
Shen Dao frowned.
With the police behind them, they began to visit and inquire residents one by one on the fourth floor and above of Unit 2.
Locating the source of high-altitude paraboloids is actually a big problem.
When no one admits it...
You can only visit and ask.
As long as the other party does not admit it, the effect of the visit is almost zero.
The second method is to collect and compare fingerprints on the thrown object.
But this work is extremely tedious to do.
To collect fingerprints from everyone in the building requires special permission from the higher-level law enforcement agency.
Don’t miss out when collecting fingerprints, otherwise all your efforts will be wasted.
Comparison also takes a long time, is time-consuming, labor-intensive and expensive.
All appraisal fees must be borne by the applicant.
The third method is to find a professional organization to simulate the situation at that time.
Analyze the force mode of beer bottles, wind conditions, falling speed, etc., and then lock the specific floor.
But this method...
It is more expensive than the second method, and the results obtained may not be accurate and can only be used as a reference.
…
at the same time.
Building 10, Unit 2, 1803.
Gao Feng lay on the sofa drunkenly, holding a bottle of beer in his hand.
Empty beer bottles were scattered one after another around the sofa.
"Yanzi, we have been together for five years, why can't we compare to the five days he spent with you..."
His eyes were red and he kept talking to himself.
But because he drank too much, he looked a little confused and his speech was unclear.
Just today.
His girlfriend Yanzi broke up with him.
He chased Yanzi's new boyfriend's Porsche and ran for a kilometer, but Yanzi didn't even look back.
Under grief.
To be continued...