165438+1On October 20th, Cangshan Branch of Fuzhou Public Security Bureau reported that the man had hired someone to drive a forklift to fork someone else's vehicle and throw it into the river because the parking space in the basement was occupied. At present, the public security organs have taken criminal compulsory measures according to law.
Several online videos show that a forklift is moving a car in the underground garage of a residential area, and after moving to the river bank, it pushes the car into the river. "Take my parking space and let him move and say,' I have a cold'. Yes, I have a cold, right? It's okay. I'll just throw it into Liuhuaxi. I can afford this broken car. " Suspected original parking space owner said.
165438+1On October 20th, many Fuzhou netizens reported to xiaoxiang morning herald that the incident occurred in Rongxin White House Community in Cangshan District. The video provided by netizens shows that this car was still in the river on the morning of the 20th. An owner of Rongxin White House told the reporter that he learned that it was suspected to be caused by a parking space dispute, but he was not very clear about the situation of both parties.
165438+1On October 20th, a reporter from xiaoxiang morning herald called Cangshan Branch of Fuzhou Public Security Bureau for information, but no effective response was received. According to the live report of Fujian Media Straits Metropolis Daily, at 9: 00 am on the 20th, a car sank in Liuhuaxi, and the scene was blocked. Cangshan Branch responded that the specific situation is still being understood.
165438+1On the afternoon of October 20th, Cangshan Branch of Fuzhou Public Security Bureau reported that1October19, at about 23 o'clock, Jinshan Police Station of Fuzhou Public Security Bureau received an alarm from the masses, saying that its vehicle parked in the basement of a residential area in Cangshan was thrown into the river, and immediately.
Upon investigation, Chen Mou, the policeman, occupied the parking space of Lin Mokai underground garage with the number 17 on 10/8 in October. 165438+1October19 At about 22 o'clock, Lin Mokai hired Gong Moqiang to drive a forklift to fork the root vehicle into the river.
At present, Lin Mokai has been criminally compulsory by the public security organs according to law. The forklift driver Gong Mouqiang has arrived at the case and the case is under further investigation.
Related reports:
The man who "threw the occupied car into the river" was controlled. Lawyer: He may have to bear civil compensation and criminal responsibility.
165438+1October 19 In the evening, a car owner in Fuzhou could not contact the other car owner because his parking space was occupied, so he asked a forklift to throw the occupied car into the river. On the 20 th, the local police informed that the owner had been taken criminal compulsory measures. In this regard, some lawyers said that the behavior of the owner of the parking space is intentional damage to the property of others. Because of the high value of the car, the owner of the parking space not only needs to bear civil compensation, but also needs to bear criminal responsibility.
165438+1On October 20th, Cangshan Branch of Fuzhou Public Security Bureau of Fujian Province issued a briefing saying that at about 23 o'clock on June 5438+09, Jinshan Police Station of Fuzhou Public Security Bureau received an alarm from the masses, saying that its vehicle parked in the basement of a residential area in Cangshan was thrown into the river. Upon investigation, Chen Mou, the policeman, occupied the parking space of Lin Mokai underground garage with the number 17 on 10/8 in October. 165438+1October19 At about 22 o'clock, Lin Mokai hired a forklift driver to fork the car and throw it into the river. At present, Lin Mokai has been criminally compulsory by the public security organs according to law, and the forklift driver Gong Moqiang has arrived at the case.
On the morning of 20th, witnesses told Jim that the car thrown into the river had been salvaged.
This incident caused a heated discussion among netizens. The owner acted excessively because his parking space was occupied, and the owner was at fault first. What kind of legal responsibility should the owner bear?
In this regard, Fu Jian, director of Henan Jinze Law Firm, believes that Chen Mou's behavior of occupying someone else's private parking space and refusing to move his car violated Lin Mokai's legal ownership of his parking space. Therefore, Lin Mokai can ask the other party to stop the infringement and compensate for the losses. However, Lin Mokai deliberately threw other people's cars into the river without contacting the owner, which is an act of deliberately damaging other people's property, violating public security management and should be subject to administrative punishment according to law. Due to the high value of automobile property, it may constitute the crime of intentionally destroying property. If it disturbs public order and the circumstances are serious, it may also be suspected of picking quarrels and provoking troubles. Lin Mokai not only needs to bear civil compensation, but also needs to bear criminal responsibility.
In addition, the forklift driver, knowing that the vehicle was not the owner's vehicle, still assisted him in throwing the vehicle into the river, which played an auxiliary role in this case and belonged to the crime of intentionally destroying property. If forklift drivers are coerced to help and play a secondary role in the same crime, they should be treated as coerced accomplices.
Fu Jian said that according to the background of the incident, even if the owner once said "throw the car into the river" during the quarrel with the other party, it is difficult to conclude that this sentence means that the owner gave up the ownership of the vehicle. Even if the owner of the parking space has completely recalled, it will not affect the determination of the facts. The owner of the parking space also needs to bear legal responsibility for the damage to other people's property. In addition, when determining the sentencing facts of the defendant, the court will also consider the causes of the case, whether the victim is at fault and the degree of fault, whether he is responsible for the intensification of contradictions and the size of the responsibility. As far as this case is concerned, the owner of the parking space is at fault, which can be mitigated but not exempted from criminal punishment.