See Kunshan tattooes the skin male be killed instead case, say one is sent to protect family die 3 injuries the classic case with innocent self-defence.
This law case is not to happen in Mexico, also not be the American southern part that produces in bold of folkway young tiger some city, happen in Chinese Hainan 3 inferior.
Hainan 3 inferior ever produced very resounding self-defence record one case, chongqing book because builder Chen Tianjie's couple has a meal in building site, zhou Mou, the person for no reason such as look billow dallies with Chen Tianjie wife, and abuse Chen Tianjie, its wife be pushed subsequently, its husband Chen Tianjie goes when uprear, the person such as Zhou Mou takes the chance to beat up Chen Tianjie with steel tube, at the same time Zhou Mou still took shovel from the side preparation harms Chen Tianjie further.
Right now, chen Tianjie is crouching to protect a wife with left hand partly, hold chaos of penknife of odd blade of type of a fold brandish, random disclose, maintain according to the court, he is in passive defense position from beginning to end, arrive till Chen Tianjie's fellow worker, the talent such as Zhou Mou leaves, look billow is held by Chen Tianjie it is in the basement that building site runs after penknife disclose is hurt on the ground, hind because of exsanguine and overmuch death; Zhou Mou is sent by disclose left knee flesh wound; Have additionally other two people get flesh wound.
3 inferior procuratorate of people of city outskirts of a town accuses Chen Tianjie:
Chen Tianjie commits intended harm crime, assume accessary and civil responsibility even
First instance adjudicates: Innocent, and do not assume liability to pay compensation
Chen Tianjie is sued with intended homicide by the procuratorate, but court of first instance maintains party self-defence, and adjudicate its are innocent! Chen Tianjie also does not assume civil liability to pay compensation, to intense of world of accuser person week appeal to beg reject lawfully.
Court of first instance thinks: In process of whole case hair, the dead allows the attack behavior of billow to did not stop from beginning to end, chen Tianjie is protective wife while brandish penknife, be in passive defense position from beginning to end, and stone, bottle still is thrown to wait to Chen Tianjie when the person such as Zhou Shilie leaves, attack behavior is continueing all the time, chen Tianjie does not have the behavior that pursue and attack however. Accordingly Chen Tianjie gets in life safety reality, dear when the illegal enroach on that reachs serious menace, and adopt defence, cause die the consequence of 3 injuries, no matter all did not exceed necessary limit from method and intensity, belong to the self-defence that law sets.
Procuratorate counterappeal
But, the procuratorate after first instance court decision comes out refuses to obey to innocent court decision, mention counterappeal,
1.The behavior that Chen Tianjie carries out does not have proper sex, attribute fistfight action, chen Tianjie is subjective go up the crime that has harm another person is intended, go up objectively the criminality that carried out harm other, make intended harm crime;
2.One adjudgement maintains Chen Tianjie to get in life safety definitely reality, pressing the exercise when the illegal enroach on that reachs serious menace defends indefinitely authority, wrong.
3. Court of first instance adjudicates behavior of cognizance Chen Tianjie belongs to self-defence already, attribute infinite defence again, applicable law is wrong.
2 careful court: Chen Tianjie serves as a man, a husband, do not bear criminal responsibility
2 careful court thinks: Chen Tianjie serves as a man, a husband, be dallied with in the wife, oneself by be surrounded abusively beat up when, prick with the penknife, delimit surrounding beat up the person such as its look billow, accord with the condition of special defense, although send,die 3 injuries, but do not bear criminal responsibility lawfully.
2 careful court rules: Reject procuratorate counterappeal, maintain original judgement, chen Tianjie is innocent.
The cognizance of 2 careful court, respected a fact namely, respected theory of law again, mature still favor, the author thinks this is the court decision of a Gao Shuiping.
2 careful court rejects procuratorate counterappeal, maintain Chen Tianjie innocent court decision, nevertheless, chen Tianjie was seized on March 13, 2014 and be detained by criminal at be the same as day. On January 9, 2016 by await trial of be bailed out, before be released, she he had been worn in the detention house fast two years of waists-coat, let person sigh.
