Once, whole friend is encircled by below these two things brush screen, cause a cry socially more, whether does everybody belong to self-defence in the action that discusses them, and law gave out to be limitted finally.
1
July 2018 " Lai source is killed instead case " , lei of king of 26 years old of men holds Heilongjiang throw rod, cutting tool, in the home that the late night searchs a wall to enter Wang Xiao to be located in village of Deng Zhuang of countryside of Wu Long channel of county of source of Heibei Baoding Lai, both sides produces conflict. In conflict, wang Lei kills Wang Xiao instead by a 3 buccal join forces. This proposal is final politics and law appoint intervene, start by Baoding city procuratorate examine a program. Wang Xiao of experience case female undergraduate (alias) be maintained to be self-defence, absolve punishment duty.
2
Late on August 27, 2018, city of hill of Jiangsu elder brother " chop a person to be killed instead by " incident causes countrywide attention. Monitoring video presentation, because doubt of car of a BMW changes to produce cut loiter with the bicycle, BMW male from a knife is taken out inside the car, man of car of brandish Xiang Qi, did not take because of the knife after firm, be picked up first by the other side the knife cuts down. By bike is the man self-defence or defense become too? Countrywide netizen is eristic in succession, legal group is vexed also. Mechanism of final public security is in after finding out a fact, the behavior of cognizance Yuhaiming belongs to self-defence, do not bear criminal responsibility, decision lawfully Yuhaiming harms cancel intentionally case.
In reality, whether self-defence, still had defended when, should join details of a case specific issue is specific analysis. Recently, in when golden phoenix police deals with intended harm case, yang Mou hurts opposite party with a fruit knife disclose, police is investigated through relapsing, maintain this behavior finally to belong to self-defence, cancel case, do not grant to punish, is details of a case how invert?
Details of a case is answered put
On January 30, 2019 22 when 31 minutes, golden phoenix police receives Yang Mou to call the police, some of king of its former husband keeps knocking continuously, affect her normal life badly, request help. Piece alarm the policeman hurries to the spot, see one man side lies on the floor of edge glacial ark, on the body, there is bloodstain on the ground. Call the police person Yang Mou says what hurt with knife disclose to the person is her, the policeman dials cure of the person that phone of 120 emergency treatment sends instantly, person Yang Mou will call the police to bring back police station to investigate in the meantime.
Prove details of a case: Call the police person Yang Mou and concern of the spouse before Wang Mou is fastened. On January 30, 2019 22 when make, those who come to Yang Mou is domiciliary after Wang Mou wine, yang Mou does not wish to open the door, wang Mou for many times kick door, flap the door. Yang Mou is helpless open the door, after Wang Mou enters a room forcibly, carry out 3 times to Yang Mou early or late before son and daughter beat up, the Yang Mou after be being beaten up runs to the kitchen to take a fruit knife, wang Mou chases after a kitchen closely to see the knife in Yang Mou hand, go up seize a knife. In loot process, yang Mou is with the knife on the right side of Wang Mou wind and on the right side of each prick one knife between costal region, wang Mou falls down, be sent toward hospital cure subsequently.
On January 31, golden phoenix police establishs this record to undertake investigation for criminal case. Is this case self-defence after all? Had still defended when? Handle a case policeman and group of substation legal system arose bigger have a difference of opinions. One party considers as self-defence, the person that hurt enters other room forcibly, and beat up behavior 3 times to carrying out, yang Mou takes a knife into the kitchen is a kind of defensive consciousness completely, to the defensive action that illegal harm carries out; The husband and wife before other one party thinks both sides is concerns, wang Mou is bare-handed enter a room, bilateral tussle, although Wang Mou is right Yang Mou cuff and kick, but Yang Mou holds a knife to strike back in causing Wang Mou to fall in pool of blood, its action exceeded necessary limit extremely likely to form defense to be become too.
Through discussion decision of the policeman, because Yang Mou's behavior has self-defence quality, and have fixed dwelling place, minor children needs to bring up, without the necessity of detain, reason did not adopt coercive measures to Yang Mou.
On Feburary 26, classics appraisal, damage of place of Wang Mou body hurts degree to be slight injury. Golden phoenix police decides lawfully cancel Yang Mou is harmed intentionally case, turn to be dealt with for public security case. The decision gives Wang Mou to administration detains 6 days and punish paragraph two hundred yuan administrative punishment, do not grant to punish to Yang Mou's behavior.
Details of a case is analysed
The first, wang Mou and Yang Mou already in Feburary 2018 share agreement divorces, the Wang Mou after the divorce for many times mobbish Yang Mou, and beat up Yang Mou before the face of its son and daughter for many times. On January 30, 2019 22 when make, yang Mou dwelling is found again after Wang Mou wine, after refusing by Yang Mou, wang Mou uses a base kick and flap the means of the door lets Yang Mou open the door, some is in the king after opening the door to Yang Mou's neck lives with hand clutch at the door the room and be carried out beat up, enter forcibly indoor hind, wang Mou is opposite 3 times early or late before the face of son and daughter Yang Mou lives with hold tight the hair uses hand fan face or the means of fist stroke is carried out to Yang Mou beat up, wang Mou's behavior already was formed hit another person intentionally, and its violate behavior to already constituted menace to person safety of Yang Mou.
The 2nd, after Yang Mou is beaten up, arrive inside the kitchen took a fruit knife (Yang Mou says to narrate, the aim that its take a knife is gally Wang Mou, avoid to continue to suffer beat up) , after Wang Mou chases after a kitchen, see Yang Mou holds sharp knife, before he did not choose to leave the spot to go up however, mix dagger of Yang Mou loot, safe to Yang Mou's person menace did not eliminate its behavior (look from Yang Mou's angle, the possibility that harm carries out again to Yang Mou after cannot eliminating Wang Mou to seize a knife) , yang Mou is stabbed in the Wang Mou of process lieutenant general of loot knife, should belong to self-defence, and according to appraisal king rate of injury of damage of some body place is slight injury, yang Mou's behavior did not exceed necessary limit, compose is not become too into defense, reason does not grant to punish to Yang Mou.
