Traditional Culture Encyclopedia - Hotel franchise - The dog killed the thief, and it's not enough for me to lose everything. . . .
The dog killed the thief, and it's not enough for me to lose everything. . . .
1. After reading your last supplement, I feel that you are leaving, helpless and speechless. The law is so fragile!
2. If you are still online, can you contact me? I'll ask you something.
Supplementary answer:
1. If such a high building is built, if the landlord finally refuses to adopt and close the problem, it will be sorry for the netizens, hehe.
2. Whether they are going to steal or set fire, they are all suspected of committing crimes, and they have all started to commit criminal acts, but they are just trying. If there are other families around your warehouse, they set fire, and the crime may be heavier, so they should be investigated for criminal responsibility for arson. However, if there is no physical evidence or other evidence to prove that they set fire, it will generally not be regarded as arson.
3. About your dog:
(1) You keep a large dog without a license: It is indeed illegal, but it should only be punished by public security.
(2) The dog is still yours, and you should be punished by public security, but it doesn't mean that the other party has the right to take away your dog and sell it: if you have evidence that the dog was really taken away and sold by the other party, you can claim compensation for the loss in the future or use the money that the dog was sold to offset the compensation.
1. "He said that there was no conclusive evidence of stealing, but he just didn't take out the things in the warehouse. So can you tell by opening the door of the warehouse in the middle of the night that you are stealing?"
(1) This is no longer a question of theft preparation, but a theft has been started: the other party has prepared the stolen vehicle, assembled the manpower, and actually entered your yard and opened your warehouse. This is already an obvious theft, but it is an attempted theft rather than a theft preparation (crime preparation is to prepare tools for crime, investigate the crime path, etc.). According to the Criminal Law of China, It is necessary to investigate the preparatory criminals and attempted criminals of theft, but the attempted criminals can be given a lighter or mitigated punishment, but the lighter or mitigated punishment for their criminal acts can not be preceded by not admitting that they are the nature of theft and not denying that they are at fault.
(2) I suggest you: collect the evidence of what you said, and don't get angry here, including: First, "the thief didn't know there were so many dogs in it. I didn't expect to bite him to death. That's what the living man said. In fact, there were more than two of them, and there was a driver outside the wall. After hearing their screams, this man ran away. "The testimony of these two people can be a secret recording when you or others talked with them about this matter or a written testimony that they agreed to write to you (which seems not easy), or when they said this to others themselves, others can testify for you.
Second, the evidence that they had entered your yard and opened the door of your warehouse: If you had called the police, it would be best to have this part in the police transcript; If not, you can find someone to testify for you. If only your workers testify for you, the probative power will be weak.
(3) Entering someone else's yard and opening someone else's warehouse in the middle of the night: It can be proved to be theft, but do you have any evidence to prove those facts you said? Without evidence, nothing can be said.
(4) suggestion: after collecting relevant evidence, report theft to your local public security bureau. If it is not accepted, you can report it to the procuratorate.
2. "What is the basis of his claim for compensation of 6, yuan? Does the country have relevant documents? You can't just ask for them. ":
(1) On what basis did he ask you to pay 6, yuan? Only he knows. Whether it's open your mouth or not, as long as he understands it.
(2) According to the law, the compensation you should bear includes: medical expenses, transportation expenses (you don't have this expense when you are sent to the hospital) and death compensation (according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where you are located, it is calculated for 2 years. However, for those over 6 years old, the age will be reduced by one year for each additional year; For those over 75 years of age, it shall be calculated as five years), and the living expenses of the dependents (the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the previous year). If the dependant is a minor, it shall be calculated to be eighteen years old; If the dependent has no ability to work and no other source of income, it shall be counted as 2 years. However, for those over 6 years old, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
Dependents refer to minors or adult close relatives who have lost the ability to work and have no other source of income. If the dependant has other dependants, the compensation obligor shall only compensate the victim for the part that should be borne according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year. ) and so on.
for details, please refer to articles 19, 28 and 29 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases.
(3) For the above compensation, since the deceased was at fault first (theft), your liability for compensation should be reduced.
3. "He said that he would put me in jail. In fact, I am not afraid of going to jail at all, but I just want to know how many years can I be sentenced in this situation, even if from ruin is established and it is illegal to keep a dog?" :
(1) You caused death through negligence, and the maximum sentence is 7 years. But the other party was killed by a dog because of theft, so it should be given a lighter punishment.
Attachment: Article 233 of the Criminal Law: Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where there are other provisions in this Law, such provisions shall prevail.
(2) You don't belong to from ruin: you have rushed to the countryside and sent people to the hospital immediately after getting the news, and there is no from ruin's behavior. This can be proved by your workers and hospital doctors.
4. Don't be impulsive, it will make things worse. I suggest you find the media exposure, or report it to the public security at the next higher level.
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