On August 28, circulate a man of wagon opening treasure in a paragraph of video and man of motor-car riding report produce conflict in crossing on the net. "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.
(1) 27 days of evening, shake of hill of Jiangsu elder brother plain road Piao. Car of a BMW jumps over a line to be not motor-driven driveway, dash against of within an inch of an electric car.
(2) BMW car comes up and down one male one female examine a case, bilateral likelihood is oral go up some conflict, but look both sides to had reconciled.
(3) two people are in with trolley car advocate when the dialog, the car comes to to tattoo the skin up and down man, half step moves toward trolley car advocate. White garment man has pull drag dissuade tattoo man behavior.
(4) tattoo man and trolley car advocate produce limbs conflict.
(5) tattoo man is returned the knife is taken out on the car, bear down on quickly trolley car advocate brandish is chopped.
(6) trolley car advocate ceaseless dodge, abrupt, the knife flies off from inside tattoo man hand.
(7) two people run to contend for a knife together, trolley car advocate take the lead in be being grabbed.
(8) hold a knife to chop subsequently to tattoo man, tattoo man hastens run away.
(9) knife from trolley car advocate slide in the hand, knife of his pick up is chasing after tattoo man to be chopped again.
Above moves a graph to come from spot monitoring video
It is a slight traffic accident only originally
Tattoo unexpectedly male hold a knife to chase unexpectedly
More dramatic is the knife was dropped
Pick up of man be cyclinged " kill instead "
Sigh letting a person unceasingly.
The reporter learns, the dead is called bang dragon, ever peddled poison to obtain because of informing against be ready to help others for a just cause certificate, this year 36 years old, it is Gansu Province person. Before this, bang dragon ever stole because of robbing for many times extortionate wait for a blame to obtain punishment. Come from 2001 2014, bang dragon is arrested at least 5 times, accumulative total of term of imprisonment achieves 9 years half.
The reporter affirms from place of personage of know the inside story, afore-mentioned bang dragon, it is elder brother hill chops the dead in person case namely.
Lawyer argument
The lawyer Wang Changqing of office of Beijing Ze Yonglv division: Self-defence
Bicycle car advocate begin to collect a knife to till,strike back BMW car advocate fall down, belong to self-defence apparently. Because BMW car chairs knife do violence, bicycle car advocate infinite defense counterpoises, because this is nonexistent,defense crosses the issue that become.
Open to question is, BMW car advocate after falling down, white garment person 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 bicycle car advocate right now subjective intent.
Bicycle car advocate be chopped by successive knife, BMW car advocate although fall down but did not fall down to be not moved, struggle to BMW car place however, according to at that time local bicycle car advocate subjective go up likely judgement, car of very difficult affirmatory BMW advocate the ability that had lost him harm, its continue to atttack black clothes person to protect him security, 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. When because be in,BMW car driver has run, 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: BMW car driver cuts the harm rate when report spells car cyclist with the knife at that time, whether be is the intent harmed or gally only? Cyclist is chopping BMW driver when the first knife, whether had let BMW car driver lose resistance?
But him the injured party of lethal weapon department in this case is taken out, and have the intention of harm cyclist. Should view a court so final whether applicable probation.
The netizen is voting
According to top news investigation shows, the netizen that ends to have 85.9% at present is to think, homicide is the circumstance that is in formal crisis, what do act to belong to self-defence, understandable.
Famous law rich advocate, in Beijing roc Ding Kai of attorney office solicitor sends small gain to say:
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Impulse is a devil, regrettablly, a lot of people cannot help actuation, still became a devil.
BMW and electric motor-car produce cut loiter, it is traffic accident of bits fart is big originally, but, both sides changed a hand. Start work started work, after all everybody is Qiao Feng, did not fall dragon 18 palms, can let a person one action gets killed, result, one party still drew out a knife. This has fallen, outfit do not force, was cut instead. Accidentally drop drops a knife, be collected by adversary, brush brush a few knives, the instant gets killed.
How qualitative? Commit murder intentionally, error causes person death, be still self-defence?
How do we read criminal law first set.
" criminal law " the 20th the first section provision, 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.
The 2nd regulation, self-defence exceeds necessary limit to cause apparently great damage, ought to bear criminal responsibility, but ought to be reduced or absolve punishment.
The 3rd regulation, to having do violence, murder, rob, the violent crime that rape, kidnap endangers person security badly with etc, take defensive action, those who cause casualties of person of illegal enroach on, do not belong to defense to be become too, do not bear criminal responsibility.
This is the criminal law total provision about self-defence, exchanging become known word is, if somebody is encroaching you, you can adopt measure to check the encroachment of the other side behavior, need not assume responsibility to this; But, adopted step cannot exceed necessary limit, belong to defense to be become too otherwise, still want to assume partial responsibility; But (come again but) , if the other side encroachs your behavior to attribute do violence, murder, rob, the violent criminality of the safety of serious harm person such as rape, kidnap, then you also need not think with respect to what, be at ease bold fight back, even if works the other side dead, also need not assume responsibility.
Had defended the case when the model is, somebody is stealing your purse, you are one knife backhand, died person disclose, this belongs to obvious defense to be become too, want to assume partial responsibility. Because, the family seeks money namely, did not carry lethal weapon again, blame not to death, why do you come at dying person disclose directly.
In returning this case, this skill is nimble, fast the Baiyi's man that collects a knife, whether to form self-defence?
Above all, the other side took a knife from the car, attack continuously white garment man, chopped several times, belong to apparent carrying out behavior of illegal enroach on. During white garment man takes the advantage of its knife to fall, grab a knife quickly, and brandish knife strikes back, belong to typical self-defence, be without controversy so far.
Next, be cut down to be in the ground by white garment man in the other side, lose strike back after ability, white garment man still is chased after closely do not abandon, chop several knives repeatedly, this follow-up behavior, calculate do not calculate self-defence, reckon dispute is bigger.
Theoretic tell, the requirement that self-defence sets is very specific, can check only namely " undertaking " illegal enroach on. Lose when the other side strike back ability, when behavior of illegal enroach on stops, white garment man if right now jural body, answer to stop to chase instantly, maintain the proper sex on behavior. Regrettablly, the law that the person is not machinery, right now hormonal erupt already, that fails the knife to halt in the hand, filled again a few knives.
This second-string a few knives, what to calculate after all? This is trial law dog intentionally.
If its qualitative becoming is defensive become too, it is the intended homicide after defensive end even or error causes person death, reckon masses should annoy. It is BMW car obviously wrong and prevenient, opened proper motion driveway to go up, a few tattoo the skin male battling the person is much, the hand that changes first, return the knife that moves first, finally this defensive person how guilty instead, do you have one leg with black difficult conference?
If qualitative becoming is self-defence, this second-string a few knives, how to explain again?
Actually, very good explanation.
1, tattoo the skin male several accomplice, carry out illegal enroach on in dialogue garment man at the same time, how can you decide illegal enroach on of everybody had stopped? Other accomplice can be one knife was not endured, arm leg is worn soundly, even if be pair of your Lu a fist, spit a buccal water, that also is illegal enroach on, have potential illegal inroad at least. So, illegal enroach on did not stop.
2, want illegal enroach on to did not stop only, undertaking, good explanation, above the basis criminal law the 20th the 3rd, fierce to going illegal enroach on, defend the person can defend indefinitely, also namely, even if does the person dead, also need not assume responsibility. So, white garment man need not assume criminal responsibility.
Law sets self-defence, it is to let a victim save oneself below emergency. If enemy move my ability, enemy do not move criterion I am not active also, that is not self-defence, that is foolish the cap adds mental retardation. The family draws out small knife, is the move such as your chopped by the family? So, endanger the self-defence below the emergency of person safety badly to this kind, judicatory ought to good-tempered self-defence person is in the necessary hormonal impulse when defense, after all the law that the person is not machinery, also not be a machine, do not press a switch to say to be able to stop.
Anyway after all, I am to stand in people here.
Say finally, internet period is increased in day net, everybody had an opportunity to become Er of a blessing rub this.
Defense is become too VS self-defence
