Late on August 27, city of hill of Jiangsu province elder brother tattooes male hold a knife to recall car of the motor-car that cut electricity advocate the incident that is chopped to die instead causes a society to pay close attention to extensively.
28 days 18 when make, public security bureau of city of elder brother hill sends a bulletin to say, the one man inside BMW car and man of motor-car riding report produce quarrel because of traffic issue, then upgrades to be harmed to hold a knife, cause one person death.
29 days morning, public security bureau of city of elder brother hill is ready to help others for a just cause Xiang Na of personnel of working office work the reporter expresses, the dead in incident ever obtained city of elder brother hill to be ready to help others for a just cause this year in March the letter that foundation issues.
This matter also is caused use car car about riding report advocate it is the law that self-defence or defense become too discusses, division having a law shows, car advocate face life risk, the revolt that collect a knife ought to be self-defence. Also the lawyer says, belong to defense to be become too, form intended harm.
The focus of controversy depends on, after tattoo man falls down, be continued to chase after chop whether to belong to self-defence, need makes an on-the-spot investigation located at that time environment and electric car vehicle advocate subjective intent. The lawyer says, in judicatory solid Wu, the cognizance of self-defence is very slashing, be maintained finally to had defended the possibility that become is very tall.
South the civilian attune of lab of N D X shows, up to on August 29 20 when, share 28061 netizens to participate in voting, the netizen that thinks defense is become too among them 3531, additionally 24530 netizens think to cycle the man is self-defence, still the netizen focuses the central issue in tattoo male in the trend after the knife.
Long knife is taken to throw a person in the car however get off one's hands
28 days 18 when make, public security bureau of city of elder brother hill sends a bulletin to say, 27 days 21 when make, crossing of shake plain road, suitable sail road produces development of city of elder brother hill one case criminal case, the person that personnel of 120 emergency treatment hurts two sends cure cure.
Via preliminary investigation, two person that hurt are Liu Mou respectively some (male, 36 years old) with Yu Mou some (male, 41 years old of) . That evening, both sides is in crossing of shake plain road, suitable sail road causes quarrel to cause conflict because of problem of drive a vehicle. The both sides in conflict gets hurt, rescue of Liu such-and-such classics is invalid die, at some some does not have life danger.
Monitoring video presentation, 27 days 21 when 36 minutes, crossroad shows for condition of straight travel red light, line of squeezing ramming of abrupt right-hand rotation is about to enter a car blame motor vehicle, doubt is like as dynamoelectric as bicycle to produce collision.
Come down from the car subsequently one male one female, use car car with report advocate Bai Yinan is academic, use phone car move to go up to driveway edge roadbed. After a minute, liu is such-and-such (tattoo man) from come down to move toward electric car vehicle inside the car advocate, undertake push and be kickinged hitting to its. Subsequently, some returns Liu Mou the car takes out a long knife, the brandish that hold a knife to Bai Yinan. Bai Yinan dodges several times, cannot look clear to whether be chopped in video.
Right now, accident happening. Tattoo male swung long knife not carefully go out, fly off count Mi Yuan. Tattoo male gallop at the same time almost with Bai Yinan go collecting a knife, final Bai Yinan is taken. Subsequently phasic changeover, bai Yinan chops several knives toward tattoo male brandish. Car of tattoo male run to, but be overtaken by Bai Yinan beside the car, chop two knives again.
Procuratorate of people of city of elder brother hill released a bulletin to say towards evening on August 28, this courtyard intervenes ahead of schedule " 8.27 " street throws person case. Current, this case is being investigated further in, guilty suspect is controlled already.
The dead ever was obtained in March be ready to help others for a just cause certificate
Dragon of on the net one piece of bang is ready to help others for a just cause at capturing city of elder brother hill this year in March the letter that foundation issues is heated up to pass, certificate shows " promote social morals, promote justice, safeguard security of society, safety of property of life of protective country, collective, people is contributed outstanding " .
On August 29 morning, public security bureau of city of elder brother hill is ready to help others for a just cause Xiang Na of personnel of working office work the reporter expresses, some obtained the Liu Mou that dies in the accident this year in March just about city of elder brother hill is ready to help others for a just cause the bang dragon that foundation issues letter.
"March commending is for certain be ready to help others for a just cause according to declaring material to accord with at that time the condition just promulgates, be be practical and realistic. " this staff member discloses, already had public security bureau other staff member comes round to understand a situation, undertake checking.
City of elder brother hill is ready to help others for a just cause foundation releases circumstance specification 29 days to say, bang dragon ever informed against somebody to peddle poisonous thread, police seizes poison to peddle accordingly, according to relevant award the program gives him award.
Pass bang dragon to have belong to the same organization of guilty criminal record to the net, afore-mentioned staff members tell south reporter, even if has guilty criminal record to also be not affected those who be ready to help others for a just cause declare. Current, foundation of province, city also has no personnel of specific crime criminal record to cannot be declared in promotive clause be ready to help others for a just cause.
Lawyer argument
Be self-defence or defense become too?
Beijing brights judge Zhou Hao of attorney office solicitor: Self-defence
Criminal law the 20th the 3rd section provision: "The commit physical assault or murder that has to be in, homicide, rob, the violent crime that rape, kidnap endangers person security badly with etc, take defensive action, cause casualties of person of illegal enroach on, do not belong to defense to be become too, responsibility of not negative criminal " . This is criminal law gifts infinite defense of the citizen counterpoises, mean face the illegal enroach on that endangers person security, we have authority to take defensive action, even if causes casualties of person of illegal enroach on, also do not assume responsibility.
In this case, tattoo male hold a knife to throw a person, social harm is serious, to Bai Yinan, it is the commit physical assault or murder that having, face life risk, because of this Bai Yinan advocate the revolt that collect a knife ought to be self-defence.
Generally speaking, to the cognizance of self-defence, solid Wu of our country judicatory is very slashing, the cognizance that defends indefinitely especially. In this case, bai Yinan collects a knife defense is apodeictic, but cut down tattoo male hind, bai Yinan still has pursue the action that throw, may can be maintained to be had checked after illegal enroach on, persistent retaliation is harmed, exceed necessary limit, be maintained to be defense to be become too thereby, be suspected of harming the death that send a person intentionally, the penalty that be sentenced.
The lawyer Wang Changqing of office of Beijing Ze Yonglv division: Self-defence
Bai Yinan begins to collect a knife to till tattoo,strike back male fall down, belong to self-defence apparently. Because tattoo the male do violence that hold a knife, bai Yinan has infinite defense to counterpoise, because this is nonexistent,defense crosses the issue that become.
Open to question is, tattoo male the Bai Yinan after falling down continues to chase after chop whether to belong to self-defence, this is about to make an on-the-spot investigation located at that time environment and Bai Yinan are right now subjective intent.
Bai Yinan is chopped by successive knife, tattoo male although fall down but did not fall down to be not moved, struggle to BMW car place however, according to at that time of local Bai Yinan subjective go up to be judged possibly, very difficult affirmatory tattoo male the ability that had lost him harm, its tattoo to protect him safety to continue to atttack male, ought to press self-defence innocent processing.
If the judiciary maintains defense to be become too, also answer to reduce punishment considerably, sentence probation for instance.
Sichuan gentleman adds up to Yang Shuangyu of attorney office solicitor: Defense is become too
Belong to defense to be become too, form intended harm. Because be in,tattoo male when running, dynamoelectric bicycle car advocate still chase after chop. Particular case even the evidence according to the case, can analyse from monitoring video only at present, this case needs the fact that make a thorough investigation of: Tattoo is men's at that time the harm degree when the knife chops electric car cyclist, whether be is the intent harmed or gally only? Bai Yinan is chopping tattoo male when the first knife, whether had made tattoo male lose resistance?
Netizen view
Nearly 9 think to belong to self-defence into the netizen
Nearly 9 think to belong to self-defence into the netizen
Chang Le of ability of @ content with one's lot: Self-defence, alone, face long knife, strike back absolutely.
～ of Zuo of @ ～ Zuo : Check apparently inestimable harm sins sequentially behavior, reduce social someone else to be harmed namely, should not become defense to be become too.
@ male becomes: Tattoo male be cycled male collect a knife to chase after chop car of run to BMW, by bike male not affirmatory tattoo male whether to obtain other lethal weapon, or should open BMW car to bump into him possible, cycle so male it is self-defence, either defense is become too.
@N Ayah is elegant: Video presentation BMW violates traffic regulation, and carry lethal weapon, hold knife wound person, cyclist life already was stricken back by minatory ability. Belong to self-defence, ask a court light deal with an offender.
@ sharp edge fills: BMW car driver is gone to additionally direction escapes, if Bai Yinan continues to chase after chop even if harm a blame intentionally, but tattoo male be run in past car, the knife hides before, which know to still have more terrible lethal weapon, not be you die even if I die, open bend to did not turn round arrow.
1 think to belong to defense to be become too into much netizen
Heat addition of @IS H China exhibits Zheng Dong: Defense is necessary, but should not throw opposite party dead, passed a bit.
@w Yys- : Active law frame falls to form defense to be become too really, chase after the category that self-defence exceeded already when chopping a victim.
Focus: Tattoo male in the trend after the knife
@ Huang Jun: Criminal law does not answer executive defender too slashing, and should mix to provoking conflict sponsor is slashing limitation. About dangerous defense, the police that has gotten professional training is judged very hard, ordinary common people is to judge danger to had been eliminated hard more. One person of white garment man, the person is counted inside BMW car, the knife also is the dead returns what take inside BMW car, if be,run to take a knife?
@ Jin Di: Cyclist is innocent, be forced but the self-defensive behavior under, encounter this makes a surprise attack suddenly at the outset, mood already out of control, already did not differentiate to give oneself to whether exceed the boundary line that defense becomes too.
A12-13 edition interviews and write: South He Wenhui of reporter Zhang Yating's trainee (divide outside signing)
