Recently, circulate on the net a paragraph of video, a man of wagon opening treasure in video and man of motor-car riding report produce conflict in crossing, "BMW male " take out long knife to chop man of Xiang Qi car from inside the car, did not think of long knife drops to be cycled man pick up, by bike the man holds knife return fire will " BMW male " killing. This case also caused netizens to be discussed about the heat of self-defence.
By bike the man strikes back
Yesterday (on August 28) evening, public security bureau of city of elder brother hill is released alarm affection reported this to have a case, at present the case is in farther cognizance, guilty suspect is controlled already.
Self-defence Or defense ever had similar case when Jiangsu too
To the behavior of cyclist, partial netizen thinks BMW male hold long knife to throw a person, the long knife that cyclist drops in the pick up in avoiding a process strikes back, it is self-defence. Also the netizen thinks cyclist is chased after chop BMW male sending its to die is defensive become too.
How has appraisal self-defence perhaps defended when? We might as well see case of in former years of a Jiangsu first.
On October 26, 2014 before dawn, young Lin Mou is in the 20 Changzhou that come forward when one teahouse hits mahjong, suddenly a drinks drunkly youth rushs, gave Lin Mou to remember a slap on the face. Lin Mou immediately and young conflict arise, take out the dagger warning that carries.
The for fear that of a few friends of drunk wine young person its are in an unfavorable situation, hold board to enter a room. See much influence of person of the other side is numerous, brandish wears Lin Mou dagger exits teahouse to roadside, but a few people continue to chase after dozen. In the disorder, lin Mou's dagger struck the left abdomen of drunk wine young person. The youth is sent to the hospital subsequently, classics rescue is invalid die. That day, lin Mou confesses his crime to a criminal give himself up to the police of public security mechanism.
After the court is tried, think, lin Mou harms other body intentionally, cause one person death, its behavior already made intended harm crime, should sentence set term of imprisonment of 10 years of above, life imprisonment lawfully or capital punishment. Lin Mou suffers to make he are avoided adopting in the illegal inroad that have check behavior, but its behavior exceeds necessary limit apparently and cause great damage, belong to defense to be become too, ought to reduce punishment lawfully.
Subsequently, the court makes first instance adjudicate to this criminal case: The person that injure a person belongs to defense to be become too, be sentenced lightly set term of imprisonment 6 years.
Lawyer: Hold a knife to chase after chop be suspected of defense driving legal progress when discussion of the whole people too
To self-defence, our country " criminal law " the 20th regulation, self-defence is to make country, public interest, oneself or the person of other, belongings and other right are avoided suffer the illegal inroad that having, and adopt check the behavior of illegal enroach on, cause to person of illegal enroach on damage, belong to self-defence, do not bear criminal responsibility.
From legal angle, jiangsu is added so that division of attorney office Xu Lv thinks to cycle the man is suspected of defense be being become too. Xu lawyer expresses, cycling chopper of man pick up strikes back, BMW male when backing down personally instead, illegal enroach on has stopped. Cycle right now the man continues to chase after chop, this had exceeded the category of self-defence.
But Xu lawyer expresses, set out from the victim's angle, the other side carries chopper, it is apparently " social person " , if do not take this kinds of kind, decide hard whether can be the other side used have other lethal weapon, consequence expects hard, it is especially below the circumstance that the other side is 3 people.
Because this incident is unsharpness still, xu lawyer expresses to still need to await the exposure of further case. "But this incident also is a chance, can drive people to undertake discussing to this problem, stimulative jurisprudence is perfected further. Stimulative jurisprudence is perfected further..
Reporter: Yang Xuemin
