The High People's Procuracy in Da Nang recently notified local People's Procuracies in the region to draw common experience related to a criminal case of a car accident that resulted in death.
Want to save people but cause death
According to the case, in the early morning of March 16, 2021, Mr. NQC (encrypted information) drove a car carrying 4 people, including NTD, to have a late-night snack. At the same time, Ms. HTA, Mr. C's wife, continuously called to blame her husband.
Thrilling case of man reversing car to save wife but hit and killed husband
When approaching the restaurant, Mr. C. saw Mrs. A. sitting on a motorbike by the side of the road, so he drove his car straight towards his wife, causing Mrs. A. and the motorbike to fall onto the road, and Mrs. D.'s right leg was stuck between the motorbike and the front of the car.
Then, Mr. C. left the car running, got out of the car, walked up to Mrs. A. and used his hands and feet to hit and kick his wife. Seeing this, D. and some people in the restaurant ran out to stop them.
D. used his hands to pull Mrs. A's leg out but couldn't, so he shouted "Does anyone know how to drive a car? Back the car up so we can get Mr. C's wife's leg out", but no one at the scene knew how to drive.
In an urgent situation, despite not having a driver's license and having been drinking, D. still risked getting into Mr. C's car, driving it backwards and stopping, with the intention of helping Mrs. A. escape.
Thanks to the car backing up, Mrs. A. was able to stand up and continue to fight with her husband in front of the car. At the right time, because D. did not turn off the engine, the car slowly moved towards the couple.
Due to losing his temper, D. used his right foot to step hard on the gas pedal, causing the car to accelerate forward, hitting Mr. C. and his wife, dragging him under the car and dragging him 18 meters. As a result, Mr. C. died and Mrs. A. was slightly injured.
In July 2021, NTD was prosecuted by the People's Procuracy of Hanoi City, Binh Duong Province for violating regulations on road traffic participation, according to points a and b, clause 2, article 260 of the Penal Code, with a penalty of 3 - 10 years in prison.
Two months later, the People's Court of Hanoi opened a first-instance trial, applied mitigating circumstances, and sentenced D. to 30 months in prison for the above crime. D. appealed for a reduction in sentence.
In January 2022, the People's Court of Binh Duong province opened an appeal hearing, accepted D.'s appeal by amending the first instance judgment, declaring the defendant guilty of involuntary manslaughter, not of violating road traffic regulations, and sentenced him to 10 months in prison.
Involuntary manslaughter or traffic violation?
In December 2022, the Chief Justice of the High People's Court in Da Nang issued a decision to appeal for a final judgment, requesting the Committee of Judges of the High People's Court in Da Nang to conduct a final judgment, annul the criminal appellate judgment of the People's Court of Binh Duong province to retry in the direction of changing the charge and considering the appeal of the consumer.
In February 2023, the Judicial Committee of the High People's Court in Da Nang issued a final appeal decision, accepting all final appeal protests of the Chief Justice of the High People's Court in Da Nang.
Through the above case, the High People's Procuracy in Da Nang believes that the People's Court of Binh Duong province made serious mistakes in applying the law, which was not consistent with the objective circumstances of the case.
According to this agency, there is sufficient basis to determine that defendant D. drove a car into traffic and caused a fatal accident, so he must bear criminal responsibility for violating road traffic regulations, not for unintentional homicide.
Furthermore, D. drove a car without a driver's license and consumed alcohol with an alcohol concentration of 0.47 mg/1 liter of breath. The first-instance prosecution agencies investigated, prosecuted, and tried D. according to points a and b, clause 2, article 260 of the Penal Code, which was well-founded and in accordance with the law.
At the appeal trial, the People's Court of Binh Duong province held that the defendant D. was driving the car not for the purpose of participating in traffic but to save people, but due to incorrect operation, he accidentally hit the victim, causing death; the fatal consequence was beyond D.'s subjective consciousness, so the defendant should be tried for the crime of involuntary manslaughter. However, the High People's Procuracy in Da Nang determined that this view was incorrect, as analyzed above.
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