This court found that: first, the sow has been under piglets to prove that the pig has reached the age of majority, with full independent civil capacity. Second, the thief stole the piglets illegal but the crime is not to death. Third. Sow to piglets have the obligation to raise, prevent piglets from being harmed to the thief knocked over in order to stop the crime, belongs to self-defense. But knocked over and then trampled to death, belongs to excessive defense. Fourth, there is no evidence to show that the pig breeder subjectively criminal intent and instructions, implied sow behavior. In summary, the verdict is as follows: First, the pig breeder is not guilty of any responsibility. Second, sentenced to three years of imprisonment, given the sow in the lactation period, granted outside the prison straight line, serving the sentence shall not leave the residence pig pen. Third, for incidental civil compensation, according to the actual economic ability of the sow, the judgment of the sow will be three years of their own pig feces compensation to the victim's family, by the beneficiary of their own.

The murder case was solved and the murderer was actually an old sow!

It's a sad story and a comical accident.

How bad a thief is this, not even a match for the old sow, others do the killing plate to kill the pig, but he is killed by the pig back!

You're a pig!

To be born a man and die at the hands of an old sow is more humiliating than being a thief!

The bias is that this is a real case, as evidenced by the security camera footage, and it's a real case that happened.

Well, for this case, Zhou lawyer will be from the legal point of view, seriously and everyone to talk about this, this case in the end how to characterize? Pig farm owner should be legally responsible for the death of the thief?

I. What is the legal process, as a rule, after this incident? What should the pig farm owner do?

For the facts of this case, scenario replay, it goes like this:

Recently, the pig farm owner in a good mood, because he raised sows, and gave birth to a litter of piglets, not surprisingly, soon after the sale of piglets, is clattering tickets.

Therefore, the hard-working pig farm owner, when he wakes up early in the morning, the first thing he does is to go to the pig pen and check the growth of the baby piglets.

As he approached the hog pen, he was surprised to find a man, lying straight up in the hog pen.

At this time, his brain is blank, can not think too much, immediately took out his cell phone, without thinking to call 110 police.

At the police officer's prompting, he then called 120 for an ambulance. Then waited in place.

Upon arrival, the police and doctors confirmed that the victim was dead and that there was no need to render aid.

The police then surveyed the scene, took photos and records, etc., and the forensic pathologist removed the body for further examination and identification.

At the same time, the police on the case to the pig farm owner to retrieve the surveillance video.

Pig farm bosses are one by one, cooperate with the people's police to perform their duties in accordance with the law, is the obligation of every citizen, not to mention that at this time, the owner of the pig farm is still the biggest suspect in this case.

Just, here's a special reminder that when turning in surveillance footage, you should keep a copy just in case.

It is not a matter of malicious speculation and mistrust of the authorities handling the case, but rather, one should be more mindful and careful, because at this point, theThat security camera footage, the only evidence to prove your innocence, is just too important.

In the unlikely event that it is lost, or maliciously deleted, it will be the end of the line for the pig farm owner.

Secondly, the death of the deceased died in a pig farm in an unnatural manner, which requires investigation by the public security organs to exclude the suspicion of homicide.

Since then, the case has been investigated by the public security authorities in accordance with the law.

The forensic pathologist analyzed the body after autopsy and identified the cause of death of the deceased.

The public security organs finally synthesized the forensic identification report, the scene surveillance video and other evidence to determine that the deceased was not killed, and then withdrew the criminal case.

Thirdly, the key issue in this case is why the deceased was present at the pig farm. That is, facts and evidence are needed to prove that he was indeed a thief and came with the intention of stealing the piglets.

Why was the dead man at the pig farm? There are two possibilities.

1. Probably killed by others and dumped in a pig farm。

This possibility, the public security organs can easily be excluded, access to the surveillance video can be viewed, from the above analysis can be known, the public security organs to withdraw the criminal case, meaning that this possibility has been excluded.

2. Stolen piglets knocked over by a sow, fell to the ground and trampled to death。

The thief entered the pigsty with the intention of stealing piglets, unexpectedly slippery floor, was protecting the pups of the old sow knocked down, just the head injury, immediately fell to the ground, and then by the strong sows back and forth trampled, and soon died.

At this point, the deceased Department of thieves, come to the pigsty to steal piglets and accidental death of the fact, it is clear.

(d) Is the owner of the pig farm, liable for the death of the thief? Does he have the responsibility and obligation to safeguard the personal safety of the thief?

This case is, by its legal nature, a case of tort compensation for damage caused by animals.

In our country, animals cause damage to people, is a special tort, according to the provisions of the Civil Code, animals cause damage to people, the owner of the animal, or keeper of the management, shall bear the responsibility for compensation.

However, if there is evidence to prove that the damage was caused by the victim's willfulness or gross negligence, the animal owner, or the person in charge of the animal, may not be liable for the infringement of rights.

In this case.If the guests are invited by the pig farm owner to visit the pig farm or intend to buy piglets, the pig farm owner has the responsibility and obligation to be responsible for the personal safety of the guests, for example, to exclude the hidden danger of slippery floors and possible falls, and to ensure that there is no danger of the pigsty building falling off or collapsing and injuring people to protect the personal safety of the guests.

If he fails to fulfill the above safety precautions and causes the guest to be injured, he is liable for civil damages.

However, it is a serious offense for a thief to come uninvited to the hog farm owner's hog farm site with the intention of stealing the piglets he is raising, and the hog farm owner has absolutely no responsibility or duty to safeguard the thief's personal safety.

Therefore, the owner of the hog farm, legally, is not responsible and obliged to protect the personal safety of the thief, and should not bear any legal responsibility for the death of the thief.

Fifth, the death of the thief in this case, is an accident, the pig farm owner is not at fault, and there is no other circumstances that should be legally liable for compensation, it should not bear any legal responsibility.

The thief entered the pig farm with the intention of stealing the piglets, but was unexpectedly knocked over by the sows and trampled to death, which would not have happened under normal circumstances.

The scene that is happening today is legally an accident.

At the same time, because theft is a serious offense, the thief should be held responsible for his actions. Therefore, the civil liability for the thief's death should be borne by himself

The owner of the pig farm was not at fault, and there were no other circumstances in which he was legally liable, so the owner of the pig farm should not be held liable for any legal responsibility for the death of the thief.

summarize

The thieves entered the pig farm with the intention of stealing the piglets, but were unexpectedly knocked over by the sows and trampled to death.

In this case, the owner of the pig farm is not at fault and there are no other circumstances in which he should legally be held liable for compensation, therefore, the owner of the pig farm should not be held liable for any legal responsibility for the death of the thief.

Theft is a serious offense and thieves should be held accountable for their actions. Therefore, the civil liability for the thief's death should be borne by him or her.

I am lawyer Zhou, pro bono answers, volunteer law, may the world without lawsuits! Welcome to pay attention to private chat.

According to reason, the pig self-defense, stealing people's pig children a moment of hoof trampled to death, the pig's common sense to protect piglets, the incident suddenly lost control of a moment, resulting in the death of the thief, belonging to the thief is not intentionally trampled to death, if the thief side of the umbrella case, the most judgement of the defense, sentenced to seven years in prison to less than ten years.

It's a tough question to answer, and to be honest, I haven't handled such an odd case in all the years I've been a lawyer. As the saying goes: human life is at stake! Whether it is not their own fault? After all, it is in their own pig farms out of human life. Therefore, I understand the pig farm owner at this time apprehensive mood.

Originally, I have heard of cases in which a thief stole something from the house owner's house and accidentally fell from the sixth floor and died, and the thief's family claimed $600,000; and I have also heard of cases in which thieves who stole an electric vehicle were killed in a traffic accident. But I just have not heard of any case in which a thief stole a piglet and was knocked over and trampled to death by an old sow.

I just feel that this thief is really unlucky in this incident, and he was killed by the sow when he failed to steal the pig. And that old sow is also fierce enough, even in order to protect their own children, the incoming enemy to take defense and attack, the thief knocked over, and stepped on 10,000 feet, so that the thief can never turn around. I'm sureThis old sow has also become a real piggy.

This old sow stomped the thief to death, and that's a big mess. Although the old sow was too simple-minded to consider the consequences, as the owner of the pig farm, she may have been a bit scared. After all, it caused a human life, the thief's family is not so finished?

This question is not believable to normal people. Since they are the family members of thieves, they are usually very difficult to deal with, and some of them may even be unreasonable and picky. Therefore, when such a thing arises, as an old sow, I wonder if it will be scared? But as the owner of a pig farm, he will definitely have worries and fears after the occurrence of this incident. That is why such a question was sent out, and the purpose is also to find a solution for himself, so that he can have a bottom in his heart.

So for this case, whether it really happened or not? We might want to analyze it from the legal side:

It should be confirmed whether the victim is a thief or not? Did he go to steal a piglet?

Because the thief died in the pigsty of the pig farm, the owner of the pig farm said that the thief had come to steal the piglets, and the family of the thief would never admit that the thief had gone there to steal, or else they would not have any justifiable grounds for claiming compensation.

In any case, there is no evidence, the thief's family will bite the bullet and say that the thief went to the pig farm and entered the pigsty by mistake, or that the thief drank too much that day and wanted to cool off in the pigsty. As a result, he was knocked over and trampled to death by an old sow.

According to the theory of the thief's family: general domesticated pigs will not attack humans, only people kill pigs, no pigs kill people. So for the pig farm raised this vicious sow, must be after the pig farm special training, otherwise the old sow will not take this professional means of attacking a big living person.

So the old sow will be trampled to death, the old sow certainly should be killed, but the owner of the pig farm also has some fault, should bear the tort liability. Even if the owner of the pig farm did not have a special training for the old sow, then he is not strict management of their own old sow, so as to cause damage to others, as the old sow breeder and manager should also bear the responsibility of tort compensation.

So no matter what? The family of the thief will definitely not admit that the thief came to steal the pigs and that the thief is a thief. So as a pig farm owner, you must be prepared for this, and this issue must be a point of contention.

Now that the pig owner says that there is CCTV to prove that the other person is a thief, then ask the owner of the pig farm to put up the CCTV footage in case there is a case to be made when the time comes.

How did the thief die? Was he trampled to death by an old sow or was he beaten to death and thrown into a pigsty?

This issue is also crucial. The owner of the pig farm said that he was trampled to death by the old sow, so he should provide appropriate evidence. Since there was the scene of the surveillance, it should be submitted to the surveillance video to prove that the thief was indeed trampled to death by the old sow. If the surveillance video at that time is broken, or when the crime scene belongs to the dead corner of the surveillance, not monitored. Then, the owner of the pig farm can not say.

Of course, if there is all the CCTV footage of the time, which can prove that the thief was indeed knocked over and trampled to death by the old sow, then please ask the owner of the pig farm to play the footage, and we would also like to see how exactly the old sow defeated the thief in a big way?

However, according to the criminal law evidence, for the cause of death of the thief analysis, must also make the corresponding forensic identification. Only after forensic identification, the forensic pathologist according to the thief's injuries and the scene, can finally determine the cause of death of the thief.

That's why forensic testing, too, is essential in this case.

Is the thief responsible?

First of all, it is a criminal offense to steal. Going to a pig farm and stealing piglets without anyone noticing is wrong in itself.

If there is a mistake, then the thief should pay for his actions. The thief should therefore be held fully responsible for the consequences of the theft.

If the thief is not dead, the thief himself should not only be held responsible for his own damages, but should also be held legally responsible for stealing other people's property. A minor fine and detention, or a serious case can be sentenced to imprisonment.

Secondly, the thief stole something, which is a kind of unlawful aggression. For this kind of unlawful invasion, according to the provisions of article 20 of the criminal law, as the victim or other citizens, have the right to implement self-defense to stop the thief's unlawful invasion. Even if the thief caused some damage because of self-defense, then should not bear any responsibility.

But in this case, the thief went to steal the piglets without being noticed, but let the old sow to stop. Then there is no question of over-defense or not over-defense in this case either.

Finally, the fact that the thief steals the piglets and causes his own death is an indication of the thief's lack of skill, the thief's underestimation of the old sow's behavior, and the thief's lack of fighting ability and inability to defeat the old sow.

So this is all due to the thieves themselves, theInadequate capacity, insufficient strength, underestimation and poor decision-making.So much so that he was buried under a pig's hoof, and the foolish thief could blame no one else.

What is the behavior of the old sow?

The old sow is an animal, its just a lamb to be slaughtered, so the old sow no matter how to resist? There is no such thing as self-defense. Because the old sow is not a human being!

Of course, thieves aren't people!

As we all know: animals are very protective of their young, and they will fight for their lives in order to protect their young. In this case, the reason why the old sow knocked over the thief and trampled him to death was an aggressive behavior of the old sow in order to protect her cubs. This isanimal instinct, does not require self-defense!

The thief stole the piglet, thinking it was a handful. But he didn't realize that the mother pig was the piglet's protector, and that if he wanted to steal her baby, he would have to kill the mother pig.

As you can see here, the greatest love in the world is indeed a mother's love.

Is the owner of the pig farm responsible?

Normally, as a hog farm owner, there is no responsibility in a situation like this one.

1. Stealing is abhorred by the owner of the piggery, and the day the thief comes is not predictable by the owner of the piggery. Therefore, when the thief is besieged by the old sow, the pig farm owner can't relieve the thief.

2, the boss of the pig farm for pig farms to do the corresponding supervision obligations, should not bear the responsibility of dereliction of duty, negligence and so on. The boss of the pig farm are usually fire and theft prevention, for thieves are trying to block and prevent the thief, they can't prevent the thief, how can there be the problem of poor supervision?

The owner of the hog farm was not able to prevent the thief from taking advantage of the situation, even if he kept a close eye on the hog farm. The responsibility lies with the thief, not with the owner of the farm. Therefore, the owner of the piggery is not responsible for the management of the piggery.

3. The thief steals things in secret, he will not let the boss of the pig farm to find out, if the boss of the pig farm found out, he can not steal. Therefore, when the thief steals piglets with the old sow fight, as the boss of the pig farm is unaware of.

If the owner of the pig farm found that the thief was knocked down by the old sow and stepped on the feet of the thief did not save the thief, then the owner of the pig farm to see the death of the thief, let things develop, this behavior is not right; or the owner of the pig farm found that the thief was attacked by the old sow and seriously injured and ignored, resulting in the death of the thief, then the owner of the pig farm at this time also has a certain degree of responsibility.

Now the key is: the owner of the pig farm for the death of the thief did not know, and later found that the situation is already too late, but still take appropriate remedial measures. Then as the boss of the pig farm can be said to have done a good job, it should not bear any responsibility.The thief's family sued the pig farm, and it was not destined to end well.

What exactly is a hog farm owner to do after this happens?

First of all, pig farm owners should protect the scene, call the police immediately, and promptly call the 120 emergency number after discovering this situation.

Secondly, the surveillance video will be saved, provide relevant evidence, and actively cooperate with the judicial authorities to handle the case and find out the facts.

Finally, for the thief's family to do more to appease and explain the work, if the thief's family is not yet relieved, then theThe old sow that was responsible was given to the thief's family to dispose of for good, which is doing some humanitarianism.

I wonder what people think of this idea?

According to the theory of the bank, you are not responsible, it is the personal behavior of the sow, and has nothing to do with the pig breeder, according to the theory of some people who became a judge by their connections, you have to be responsible because the pig deprived the thief of the right to life

Off Topic ~ A chance, reflecting how many sadness and bewilderment. In the question and answer, how many related topics are involved. Fear of the law, abide by morality, follow the routine; these are the norm. Look at now: jumped to his death, the family v. building compensation, cheating fell to his death, his wife and children v. adulterous husband compensation, walking kicked the dog, the dog's main passers-by to bow to the dog to apologize ...... These strange things happen in an ancient civilization with thousands of years of history, really laughable. O master of the sow, take your own advice!

The animal court ruled as follows: the sow was guilty of manslaughter, sentenced to three years in a pigsty, gave birth to three litters of piglets to compensate for the family of the deceased, and all pig feces were used as organic fertilizer to compensate for the family.

The thief's behavior is not guilty to death, the sow's behavior is a self-defense, should be sentenced to a few years of imprisonment of your sow, then you have to cooperate with the sow twisted to the custody of the place, if custody during the death of your sow, you have the right to defend your rights.

There's been a precedent. You're responsible. If you don't raise sows you won't have piglets, and without piglets thieves won't steal [I want to be quiet]. You also have to be held responsible for the high price of pork that makes piglets so valuable that it draws thieves to steal them [I want to be quiet] [I want to be quiet] [I want to be quiet] [I want to be quiet] [I want to be quiet].

Pig farmers are not responsible, thieves to pig to steal piglets, piglets have parents, pig parents see not letting steal, conflict, pig parents belong to self-defense, or self-defense, if it is self-defense and cause the death of the thief piglets, should be given to the pig Phi Hong Hanging, apply for recognition, if it is the existence of pig defense and cause the death of pig stealers, should be sentenced to piglets parents Chopping Waiting, New Year's Eve to eat meat, the pig stealers at most, the pig abduction, the crime is Not to death.