2023年1月27日 星期五

minor fight each other, the injured file the crime complaint to prosecutor, the prosecutor referral to mediation of the borough hall.

 the brief of the fact:
minor fight each other, the injured file the crime complaint to prosecutor, the prosecutor referral to mediation of the borough hall.
perpetrators are three, the victim only one guy.
both are minor, but the parents of both sides didn't be present in the date of mediation.
both sided represented by agents, who was present actually.

the clause of settlement:
1. the each one perpetrators pay the victim fifty thousands (new Taiwan dollar, as same as below), no joint responsibility, the sum is 150 thousands.
2. by instalments, since this February, each 10th of month, pay five thousands, until payment completed. if which instalment not paid off on time, all of the later instalments to be deem as fall due.
3. both parts give up the civil right of the lawsuit and give up the right for the crime complaint.
4. the one, who has filed the crime complaint, agree to withdraw the complaint.

the reason of the judge' disapproval:
the injured is minor.
the legal representative of the injured was not empower the person ,who in present in the mediation.
that person proclaim himself is the legal representative of the minor injured.

I say that:
the format of the certification of the appointment is made by me, the clerk of the borough.
who could not be present, whom I take the certification to , whom signed by.
the victim of the case have only single parent, according to the papers of the household registration, the victim put forward.
But the papers, recorded by the prosecutor show the person present in mediation, the grandfather of the victim, is the legal representative of the victim.
in Taiwan, the citizen beyond eighteen years old considered to be grown-up, beyond eighteen, the citizen could make certain conduct by self, that conduct generate the legal relationship between others.
thence, when I learn the fact of the victim eighteen not yet, I require the grandfather of the victim for the papers of household registration.
because injured, the victim in home can not walk out, his grandfather said.
in the date of the mediation, time is finite, I can not let mediator to wait for nothing, I must make the decision immediately under that situation.
when the both of party reach the settlement, I have no time to deliberate anymore.
I written down the settlements and submit it to the court, judge disagree and dismiss it, then return to my office.
I review the relevant papers again.
considering the victim will grown-up next month, beyond eighteen, I prepare to arrange the new season of the mediation after the victim grown-up.
wish to the grown-up victim would agree the settlement, that his grandfather had agreed ever.

沒有留言:

張貼留言