Video turns in the code. . . Define cover oneself
The behavior of this Mr Zhou was suspected of crime.
Accident course: Mr Zhou is the electrician of company of this village property, do a few examinations about elevator and breakdown repairman to make;
Accident that day, he just received farther-in-law from native place come over;
That day after the meal, its farther-in-law should visit relative, mr Zhou goes out together;
Come to the front of elevator door, that elevator that Mr Zhou sees right side at that time the arrowhead on apply board is flickering, draw out a key to open the door;
Its farther-in-law crossed the result to go in, fell into elevator well.
Look from video, OK and affirmatory fact has:
1, the employee that is property company, the trouble that makes elevator maintains the job, its are relatively professional personage;
2, after opening elevator, he should know the breakdown of elevator is in, once be stepped into,also should know a person, can fall elevator well, can have life risk;
3, when seeing the farther-in-law of week go in, it is on the side. Week station is in the elevator door a side that open, its farther-in-law is to tighten those who be next to Zhou Zou to go in;
4, week farther-in-law falls into elevator well, after about a few seconds are planted, just see the hand of week is gone to in extend, do not have pressing and flurried expression;
5, after week farther-in-law falls into elevator well, in very long period of time, be in place, did not see he takes rescuing step.
Have a problem: This is put in the elevator of breakdown, it is to have breakdown disuse all the time, be still the breakdown that happened that day? If be,have trouble all the time, was not being used, so the subjective mentation of week came out with respect to easier analysis.
One, if that elevator is originally all the time of disuse, so week is likely was suspected of intended homicide
Intended homicide, it is the behavior that points to life of intended privative other.
Crime is subjective the essential factor that the respect includes the field such as intended, error, motive and purpose commonly.
So called crime is intended, contain two levels:
1, the result that behavior person knows perfectly well his behavior to be able to bring about harm society;
2, the happening that behavior person hopes or indulge endangers a result this kind.
The behavior that knows perfectly well oneself can produce the result that jeopardizes a society, the behavior that shows behavior person knows perfectly well him already can produce result of some kind of harm necessarily, also show the likelihood wants to produce result of some kind of harm. To this kind of result, behavior person cares about annals respect is to hold " hope " or " indulge " of the manner.
"Hope " or " indulge " of person of manner decision action is direct and intended intentionally indirect still and intended. Indirect to be being mixed intentionally directly intended cognizance, what by active criminal law the regulation does not affect crime of behavior person place to go is qualitative.
Zhou Heji farther-in-law goes out together, if be to be below the circumstance that knows perfectly well elevator breakdown, open elevator door, bring about its farther-in-law to fall elevator well and get killed, the behavior of week is to accord with intended homicide (indirect and intended) of the behavior characteristic of the blame.
Elevator has trouble, using all the time.
Zhou Ying should know: Breakdown elevator is impossible to go out temporarily in oneself when, check looks up what can foster cordial relations between states, and he goes repairing;
Zhou Ying should know, open elevator door, the farther-in-law that goes out together with him can know elevator has trouble far from, natural meeting and he goes by together, zhou Fang held the post of its farther-in-law to walk into breakdown elevator;
And normal circumstance should be: when opening elevator door, should check the person that any having nothing to do is close to elevator.
not only did not remind its farther-in-law, said to forget its farther-in-law to be from the back however.
open breakdown elevator door, did not take any safety precautions, made other enter the environment of breakdown elevator by accident, production breakdown elevator is privative the environment of other life;
With the person of his person of the same trade, in him the becloud of behavior falls, be enticed, lost life thereby.
The subjective psychology of week is, the behavior that knows perfectly well oneself can be caused others goes breakdown elevator and lose life, and his indulge the happening of this kind of result.
So, the behavior of week was suspected of intended homicide (indirect and intended) .
2, if this elevator malfunctions temporarily, elevator trouble sees when Zhou Lin and maintenance of conceive a design, so the behavior of week is suspected of error causing person death pain
In video, can see, still a lady is pulling a dog to wait for elevator.
So, this elevator was to produce breakdown temporarily likely, the thing of elevator breakdown does not know before Zhou Zailai.
Error causes person death pain, it is to point to behavior because the person is neglectful did not see beforehand or had seen beforehand and credulous can avoid to cause other to die, privative other gives birth to the behavior that the lot fors the time being.
Maintain project as an elevator, oneself opened the door of malfunctioning elevator, know other steps to be able to produce consequence of what kind of harm naturally.
Look from video, after opening elevator door, did not adopt at all any safety precaution, namely be in subjective on neglectful, did not see the consequence that can produce to somebody steps elevator and lose life beforehand, this is the subjective mentation that penal error causes person death pain (neglectful error) .
Its caused the death of week farther-in-law as a result, the behavior of week was suspected of error causing person death pain.
Outside dividing the farther-in-law of week, others falls in this kind of case, step into consequence of elevator happening death, the behavior of week is suspected of error causing person death pain as much.
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