After the court's verdict, the Chen family was not satisfied and appealed at the instigation of their lawyer. Zhao Sixi and Wu Meifeng were required to compensate 50,000 yuan for mental damages.

After hearing the case, the court of second instance held that the Chen family's claim for compensation of 50,000 yuan for moral damages had no basis in law and was not supported, and finally rejected the Chen family's appeal request.

(In civil cases attached to criminal cases or after the judgment of a criminal case, the court will not support the victim's request for compensation for moral damages, and the legal basis is as follows, and interested book lovers may check it out:

1. Paragraph 2 of Article 1 of the Provisions on Issues Concerning the Scope of Civil Litigation Attached to Criminal Cases (Fa Shi [2000] No. 47) promulgated by the Supreme People's Court on December 4, 2000 stipulates that "the people's court shall not accept an attached civil lawsuit filed by a victim who has suffered mental losses as a result of a criminal act. ”

2. The Reply of the Supreme People's Court on the Issue of Whether the People's Court Accepts Civil Litigation for Compensation for Moral Damages Filed by Victims of Criminal Cases (Fa Shi [2002] No. 17) issued by the Supreme People's Court on July 11, 2002 clearly stipulates that: "The people's court shall not accept an attached civil lawsuit filed by the victim of a criminal case for mental losses as a result of the defendant's criminal acts, or if the victim files a separate civil lawsuit for compensation for moral damages after the conclusion of the criminal case."

On the issue of compensation for moral damages, the Supreme People's Court's inclined opinion is: "In attached civil litigation cases, only direct material losses should be compensated in accordance with law, that is, compensation for the actual damages caused to the victim according to the criminal act, generally excluding death compensation and disability compensation, but after mediation, if the defendant has the ability to compensate and is willing to compensate a larger amount, the people's court shall support it; Where mediation fails, the defendant truly does not have the capacity to make compensation, and the victim or his close relatives insist on demanding compensation in addition to compensation for material losses, the people's court will not support it. ”）

The weather is getting colder day by day, the leaves are starting to turn yellow, falling one by one, autumn has passed for the most part, and winter is just around the corner!

This morning, Fang Yi was busy writing a summary of the case in the office, and Sister Lan suddenly called him and asked him to go to Shengfeng Group in the afternoon and introduce him to a case.

As soon as Fang Yi put down his mobile phone, Wang Deyou knocked on the door and walked in.

"Lao Wang, is there something?" Fang Yi saw Wang Deyou frowning, full of lawsuits, and asked.

"Well, are you free? Let me ask you a question. Wang Deyou asked.

"What to ask or not to ask, you say." With that, Fang Yi got up, came to the sofa, and motioned for Wang Deyou to sit down and chat.

"Some time ago, I received a criminal case of legal aid, this case happened in the village, and it was not complicated, but I couldn't understand the characterization of the case, and the facts of the case were like this......," Wang Deyou introduced the case.

The criminal case Wang Deyou mentioned was a homicide case caused by a dowry money.

At the end of last year, Ning Guoyi, the defendant in the case, was introduced to Zhu Qianhong of the old Zhu family in a neighboring village, and after the two talked for more than two months, they received a marriage certificate and held a wedding ceremony at the urging of their families.

Because of the lack of in-depth understanding between the two before marriage, after marriage, the two have different lifestyles and no common language, and the contradictions between them are deepening day by day, and they often quarrel.

Less than three months after getting married, Zhu Qianhong returned to her parents' home. Ning Guoyi went to Lao Zhu's house several times to persuade Zhu Qianhong to go home, but Zhu Qianhong refused, and Zhu Qianhong's parents turned to their daughter and sneered at Ning Guoyi.

At the beginning of April, Ning Guoyi went to Lao Zhu's house again and persuaded Zhu Qianhong to go home, and Zhu Qianhong filed for divorce. Ning Guoyi saw that Zhu Qianhong and Wang Ba were determined to divorce, so he asked the old Zhu family to return the 150,000 yuan gift money.

This gift money is Ning Guoyi's savings for many years, in order to hold a banquet, he also borrowed a lot of money from relatives, owed a lot of famine, he felt that Zhu Qianhong ran back to his parents' house a few days after getting married, and asked for a divorce, if he didn't come back, he would be too bad.

But the old Zhu family thinks that her daughter is the eldest daughter of Huanghua, she has already received a certificate with you Ning Guoyi, and she has done something, even if she is divorced, it is second-hand, and she can't sleep with you Ning Guoyi in vain, and the money she gave when she got married can't be returned to her surname Ning.

Ning Guoyi was annoyed and angry, and he held a grudge, so he had the idea of killing Zhu Qianhong and taking revenge on the old Zhu family. In the past, Ning Guoyi worked in the stone quarry on the nearby mountain for a period of time, and because he was very familiar with explosives, his main job in the stone quarry was to drill holes and set off artillery. When he was not busy, he would make some homemade dynamite to fry fish in the river.

When the idea of revenge against the old Zhu family appeared in his mind, he thought of explosives, so he made some homemade explosives bags.

In the middle of the night on 6 May, Ning Guoyi carried a bag of explosives made in advance and lurked on the west side of Lao Zhu's house. At about 1:20 a.m., Ning Guoyi tied two explosive packs together with a rope, lit them and secretly threw them into the open back window.

After a while, there was chaos in the house, and then two loud noises came, and the old Zhu family's house was half blown up, Zhu Qianhong died of suffocation due to the collapse of the house, and her parents and sister were slightly injured.

The neighbors' houses also trembled due to the explosion, and the houses of the old Zhu family's neighbors cracked to varying degrees, and the glass on the windows shattered to the ground. The neighbors thought it was an earthquake, so they wrapped themselves in quilts and ran out with their children in their arms, only to find out later that Lao Zhu's house had been blown up.

After investigation, the public security organs believed that Ning Guoyi was the most suspicious of committing the crime, so they went to Ning's house to look for Ning Guoyi, and Ning Guoyi had already absconded at this time.

On 20 May, public security officers arrested Ning Guoyi, who had absconded, and Ning Guoyi admitted that he had done the case of the old Zhu family. The case was soon transferred to the procuratorate, which prosecuted the defendant Ning Guoyi for the crime of explosion, and filed a public prosecution with the Intermediate People's Court.

The Intermediate People's Court held that after the defendant Ning Guoyi had a dispute with his wife Zhu Qianhong due to discord in family life, he deliberately killed Zhu Qianhong by means of explosives in order to retaliate against the Zhu family, which constituted the crime of intentional homicide and should be severely punished in accordance with law. The facts alleged by the public prosecution are clear, but the accusation that Ning Guoyi committed the crime of explosion was improper, and the verdict was that the defendant Ning Guoyi committed intentional homicide and was sentenced to death and deprived of political rights for life.

After the first-instance verdict was announced, the defendant Ning Guoyi appealed to the Provincial High Court on the grounds that there was no intentional homicide and that his actions constituted negligence causing death.

After trial, the Provincial High Court held that after appellant Ning Guoyi had a dispute with his wife due to discord in family life, in order to vent his anger and retaliate against others, he made explosives and carried out the explosion in a premeditated and purposeful manner, and although the purpose was to cause Zhu Qianhong's death, his act of taking a laissez-faire attitude towards the lives and health of Zhu Qianhong's parents and sister and the safety of the lives and property of his neighbors should be punished as the crime of explosion.

In the end, the Provincial High Court ruled that the qualitative part of the criminal judgment of the Intermediate People's Court was revoked, and the appellant Ning Guoyi was convicted of the crime of explosion, sentenced to death, and deprived of political rights for life.

(End of chapter)