Not to file a case, police: The young man did not reach the age of criminal responsibility, and an 8-year-old girl was injured by two young boys with slingshots, resulting in left eye blindness and safety | Notice | Police
The beautiful summer vacation has just begun, but An An, an 8-year-old girl from Shuyang County, Jiangsu Province, has experienced unprecedented pain as she faces the darkest moments of her life.
On the first day of July this year, she was hit by a sudden flying steel ball, causing her left eye to rupture and become blind. The perpetrators were two 13-year-old boys riding electric bikes passing by, shooting with slingshots, which led to this tragedy. At present, the police have decided not to file the case because the perpetrator has not reached the age of criminal responsibility. The judicial appraisal results show that the damage to An An's left eye is initially classified as a minor injury of level two.
On July 23rd, An An's relatives told Jimu News reporters that so far, the parents of the two boys who caused the incident have not actively negotiated or apologized. As victims, family members cannot accept the second level assessment of minor injuries. They will apply for a re assessment and consider suing the perpetrator.
Injured girl
An 8-year-old girl was shot by a slingshot, causing blindness in her left eye
On the morning of July 1st, An An, who lived in Tanggou Town, Shuyang County, followed his aunt to a small shop not far from home to buy snacks. Unexpectedly, he encountered an accident on the way. A flying marble hit An An's left eye, causing her to bleed uncontrollably on the spot.
On the 23rd, Ms. Si, the mother of An An, told reporters that on the day of the incident, An An's aunt took a total of five children from home to the small shop. The aunt rode an electric bike to carry two of the youngest children, while the remaining three children followed and ran behind. Although the car was not fast, the three children had limited physical strength. When they got tired from running midway, they squatted on the ground to rest, while their aunt parked the car not far away to wait for them before continuing their journey. At this moment, two boys rode an electric bike towards them. They raised slingshots and injured An An's left eye. Afterwards, they fled in a hurry.
The incident occurred near the intersection of two rural roads, and a resident's home camera captured the scene before and after the incident. Two surveillance videos from different angles show An An running in front in a white dress, while two other children run behind. When they get tired from running, they squat on the ground to rest. Then, the three of them run towards the distance and disappear from the surveillance footage. About 30 seconds later, around 9:14 am on July 1st, accompanied by a scream, two boys rode an electric bike quickly into the surveillance footage from a distance. One boy sitting in the back seat even turned back to look behind.
Ms. Si introduced that the two boys riding electric bikes were the ones who injured An An's eyes with a slingshot. At that time, An An and several other children did not provoke those two boys. After the incident, An An was taken to the hospital in town, and the doctor said that her eyeballs may not be able to be preserved. An An was transferred to hospitals in the county and Nanjing one after another, and the surgery was not completed until around midnight that day.
An An Medical Record
The medical records provided by the family at Jiangsu Provincial People's Hospital showed that An An's left eyeball was ruptured, and the left eye was in a silicone oil filled state after vitrectomy. The left eye was blind. The case suggests that An An currently has silicone oil filling in the left vitreous, with silicone oil emulsification, corneal degeneration, secondary glaucoma, and eyeball atrophy, which may require further surgery.
Police: The boy who caused the accident has not reached the age of criminal responsibility and will not be prosecuted
Ms. Si told reporters that through surgery, the doctor removed a steel ball with a diameter of about 8 millimeters from her daughter's eye. Previously, everyone was not even clear about what the foreign object that had entered a child's eyes was. "The doctor said that if the steel ball had penetrated a little deeper, it could be life-threatening."
A relative of An An said that after multiple inquiries, they finally found one of the two boys riding an electric bike, but the boy never admitted. After An An's parents reported to the police, the boy went to the police station to confess the truth.
"The police have not clearly informed us of the specific ages of these two boys so far. We only know that the two boys have just graduated from primary school this year and should be around 13 years old. These two boys claimed that they used slingshots to hit An An to scare her." Ms. Si said that since the incident, the parents of the two boys who caused the accident have not appeared to discuss the matter, and neither party has even met. There is no contact information, and she is very angry about the other party's handling attitude.
It has been more than 20 days since the incident, and An An still doesn't know that his left eye will not be able to see it in the future. Ms. Si said that she concealed this cruel fact because she didn't want to cause secondary psychological harm to the child. "If the child knew this fact, she would definitely cry every day, which is not conducive to her eye recovery and will make her more insecure. Although the gauze on her eyes has been removed, the child has never dared to look in the mirror. She used to be a beautiful girl."
On July 21st, the Public Security Bureau of Shuyang County issued two notices to Ms. Si, one was a notice of refusal to file a case and the other was a notice of appraisal opinion. The notice of refusal to file a case mentioned that the bureau, after examination, found that the perpetrator did not reach the age of criminal responsibility, and in accordance with Article 112 of the Criminal Procedure Law of the People's Republic of China, decided not to file a case. The appraisal opinion notice indicates that the degree of injury to An An has been assessed. The appraisal opinion is that the initial assessment of damage to An An's left eye constitutes a minor injury level two.
Notice of Police Refusal to File a Case
An'an injury assessment
Regarding this result, the families of An An all expressed that they cannot accept it. They requested a re appraisal and considered seeking a lawyer to file a lawsuit against the perpetrator.
On July 23rd, Jimu News reporters contacted the Tanggou Town Government and Tanggou Police Station in Shuyang County to inquire about the details of the matter. Staff members expressed inconvenience in disclosing the information. The on duty personnel of Shuyang County Public Security Bureau stated that they are not clear about this matter.
Lawyer: The family of the boy should bear civil liability for compensation
It is understood that the announcement of the "Identification Standards for the Degree of Human Injury" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice mentions that serious injury refers to injuries that cause physical disability, disfigurement of appearance, loss of hearing, loss of vision, loss of other organ functions, or other injuries that cause significant harm to human health, including level one and level two serious injuries. Minor injury refers to injuries that cause physical or visual impairment, partial impairment of hearing, vision, or other organ functions, or other moderate harm to personal health, including primary and secondary minor injuries.
The marbles extracted from An An's eye through surgery
In response to this matter, Fu Jian, the director of Henan Zejin Law Firm, analyzed that two boys shot the girl in the eye and caused blindness, which is a joint infringement act. As the infringer is a minor, the guardian of the boy should bear the liability for compensation without fault. After assuming joint liability to the victim, the joint tortfeasors shall allocate their responsibilities internally based on the different causes of infringement and the impact of their actions on the damage caused. Regardless of the extent of damage suffered by the girl, the family of the boy must bear the responsibility for compensation.
"According to the provisions of the Criminal Law, if a person who has reached the age of 14 but not the age of 16 commits the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or throwing dangerous substances, they shall bear criminal responsibility; if a person under the age of 14 commits the crime of intentional homicide or intentional injury causing death or serious disability through particularly cruel means, and the circumstances are severe, and the Supreme People's Procuratorate approves prosecution, they shall bear criminal responsibility," said Fu Jian.
Fu Jian stated that if the victim's family members are dissatisfied with the appraisal results, they can apply for a re appraisal. Although the perpetrator may be exempt from criminal liability, civil liability for compensation is not exempted. The family members of the victim girl can negotiate compensation matters with the other party. If the other party's parents refuse to come forward to resolve the issue, the victim's family members can file a lawsuit with the court and demand that the other party bear the liability for infringement compensation. According to the provisions of the Civil Code, if someone causes personal injury to others, they shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospitalization meal subsidies as treatment and rehabilitation expenses.
