Police maintains bang dragon " do violence " prevenient, yu Haiming seizes a knife to strike back, behavior of pursuant bang dragon " belong to self-defence, do not bear criminal responsibility "
Controlled at 5 o'clock on September 1 afternoon, procuratorate of city of hill of public security bureau of city of elder brother hill, elder brother is in respectively the relevant bulletin that respective official small letter issued dispute of drive a vehicle of elder brother hill to chop person incident on fair number. The bulletin of public security bureau of city of elder brother hill says, BMW car advocate the behavior of bang dragon belongs to criminal law meaning to go up " do violence " , the person that endangers cyclist Yu Haiming badly already is safe. Yu Haiming seizes a knife to strike back, the behavior of pursuant bang dragon " belong to self-defence, do not bear criminal responsibility, public security mechanism lawfully case of cancel Yu Haiming " .
Very fast, jiangsu saves a procuratorate to also unscramble an article in the light of this accident cloth, car of the BMW in weighing this proposal advocate violate the rules and regulations of bang dragon traffic is prevenient, provoke affray is prevenient, the attack that hold a knife is prevenient. According to relevant law laws and regulations, yu Haiming faces illegal enroach on to have the right of executive self-defence.
Thorn chops case fact Yu Haiming continuously 7 seconds, bang dragon breaks shock of courage and uprightness to die
According to bulletin of public security bureau of city of elder brother hill, late on August 27, bang dragon drunk wine drives when BMW car goes to one crossing, enter blame motor-driven driveway forcibly, with the Yuhaiming that rides a bicycle normally nearly is touched brush, both sides produces conflict then.
Bang dragon gets off first produce conflict with Yuhaiming, when returning vehicle via help sb to get over his worries of personnel of person of the same trade, bang dragon gets off suddenly, before going up, push, kick dozen of Yuhaiming. Although classics mediate, bang dragon still is chased after continuously dozen, the pointed horn chopper that BMW car returns to take out a 59 centimeters long, double-faced edge after (department control cutting tool) , yu Haiming of the successive stroke that use a knife ministry of cervical, waist, leg, send Yuhaiming left cervical a form contuses 1 place, left bosom and costal region ministry have a form to contuse 1 place.
In stroke process, bang dragon swings chopper. Yu Haiming grabs chopper, prick bang dragon abdomen, hip in the disclose in contention, chop attack right bosom, left shoulder, left ancon, thorn chops a process to last 7 seconds. Car of BMW of the run to after bang dragon gets hurt, at Hai Mingji add is chased after in all chopping 2 knives, among them 1 knife is chopped in car.
After this, side of northeast of car of BMW of bang dragon run to, return BMW car at Hai Mingze, take out mobile phone of dragon of the bang inside the car put him bag. After the policeman reachs the spot, yu Haiming gives mobile phone and chopper actively place alarm policeman.
In police bulletin, yu Haiming says, taking away bang dragon mobile phone is to prevent the other side to call call together personnel to make reprisals.
After bang dragon escapes, be in be apart from BMW car northeast inside the greenbelt that side is in more than meters 30, via sending medical service rescue disables to die that day after.
Appraisal of classics legal medical expert combines video monitoring to maintain, inside 7 seconds, bang dragon is pricked to chop 5 knives continuously, among them, the 1st knife pricks stamp injury for left abdomen, cause rupture of canal of abdominal vena cava, bowel, mesentery; The others 4 knives are ordinal cause left hip, right bust ministry of right the upper arm, left shoulder, left elbow in all 5 place open sexual cut and 3 place fracture, cause of death is exsanguine sex shock.
Behavior maintains bang dragon to be illegal enroach on, yu Haiming is self-defence
To the property that is at Hai Minghang, procuratorate of city of hill of public security bureau of city of elder brother hill, elder brother is in the bulletin all cite " criminal law of People's Republic of China " the 20th the 3rd: "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, responsibility of not negative criminal " . 2 mechanism think, yu Haiming's behavior belongs to self-defence, do not bear criminal responsibility.
Body of public security of city of elder brother hill says, in this case, bang dragon is bare-handed attack first, then holds a knife successive stroke, its behavior endangers security of Yu Haiming person already badly, its are illegal enroach on should be maintained for " do violence " .
The illegal enroach on of bang dragon is a persistent process. Below the personnel that be the same as a car and the circumstance that Yu Haiming conflict appeases basically, affray of bang dragon drunk wine, it is to get off first to the sea bright cuff and kick, return again after chopper is taken out inside the car, to Hai Minglian add counts second stroke, illegal enroach on upgrades ceaselessly. Bang dragon chopper is swung after falling in the ground, the knife is grabbed before going up again, the evidence of enroach on still did not abandon after the injury that be sent. Person safety of Yu Haiming lies all the time in the violent menace of bang dragon.
Public security bureau of city of elder brother hill still is maintained, after Yu Haiming seizes a knife, the 5 knives of dragon of the thorn of the disclose inside 7 seconds, bang in chopping and when chasing, swing attack, chop the two knives that attack (did not hit) , although there is removed, space to go up on time,have a space, but this is a successive behavior. Additional, yu Haiming stops to pursue and attack, returning BMW car to seek the end of bang dragon mobile phone is the person safety that prevents retaliation of personnel of get together of the other side, him protection, accord with the intent of self-defence.
Procuratorate of city of elder brother hill also is maintained, dragon of bang of the dead in this case opposes knife do violence, yu Haiming checks the behavior of violent enroach on belongs to self-defence, its defend behavior causes bang dragon death, do not bear criminal responsibility. Public security mechanism is made to this case remove provision of case processing be good law.
System value ought to first protection defender
Be aimed at public security bureau of city of elder brother hill remove proposal decision, jiangsu province procuratorate also refers read.
Jiangsu saves check to express, yu Haiming grabs a knife to strike back the normal response that attributes affection to fall urgently, accord with special and defensive requirement. After Yu Haiming grabs a knife, successive disclose thorn, chop attack bang dragon 5 knives, all injury affection all is formed inside 7 seconds. Face the emergency that illegal enroach on upgrades ceaselessly, accurate judgement of very hard choice gives average person oneself may get how old harm, change cipher out calmly next equivalent defensive intensity. Law won't try to make sb do sth which he can't do, so criminal law sets, when facing the serious and violent crime such as do violence to have defence, without the limitation of defensive limit. Yu Haiming faces the long knife of brandish, what make grab a knife to strike back behavior, attribute the normal response that affection issues urgently, cannot make excessive demands the power that his essence grants to control disclose to prick and place. Although cause the death of person of illegal enroach on, but accord with special and defensive requirement, do not need to assume criminal responsibility lawfully.
Jiangsu saves check to emphasize, look from the system value of self-defence, ought to first protection defender. "Not was necessary legally to illegal concession " . The essence of self-defence depends on " with be opposite frame-up " , it is just behavior to illegal enroach on strike back, because this should make clear defender the first protection position in criminal law. In practice, a lot of illegal enroach on are abrupt, hurried, defender often judges the property of enroach on behavior and intensity well and truly hard below brash, nervous condition, hard the defensive measure with relevant choice of comprehensive, cautiously. Be maintained in the fact and law is applicable go up, judiciary should the emergency that mature defender is faced with, lawfully regulation of accurate and applicable self-defence, protect the legitimate rights and interests of defender, establish good social value to direct thereby. This case is violate the rules and regulations of bang dragon traffic prevenient, provoke affray is prevenient, the attack that hold a knife is prevenient. Yu Haiming faces such illegal enroach on, according to law the regulation has the right of executive self-defence.
■ chase after visit
Lawyer
Hope this case rises to explain for judicatory
To the processing result of this case, shaanxi lawyer Duan Mojin expresses, this is authority of self-defence of a citizen patulous mark sex case.
Duan Mojin thinks, this case most the problem of core is Yuhaiming grabs bang dragon chopper instead and disclose thorn chops the knife that hit number, cause bang dragon death, how is this one clue maintained?
A lot of people may think, after Yu Haiming grabs a knife, bang dragon has not been had continue to harm at ability, meanwhile stabs Liu Yi to be suspected of be being harmed intentionally with the knife. More stab bang dragon at Haimingdi what is more,the rather that hind, liu more do not have continue to harm at ability, and Yuhaiming continues to chase after chop, the suspicion that harms intentionally is bigger.
Duan Mojin expresses, this kind of idea looks be like reasonable, but overmeasure the sober and accurate defensive capability when average person be in danger. "The person is not a machine after all, be in exceeding danger in scared fluster when, making such conduct is understandable. This judiciary is very bold to Hai Mingzheng should be maintained defensively, it is patulous in practice the citizen's self-defence counterpoises. It is patulous in practice the citizen's self-defence counterpoises..
Duan Mojin thinks, yu Haiming is maintained finally to be the victory of self-defence since law, also be the need that franchise expands further, he hopes this case can rise to explain for judicatory, perhaps give when modification criminal law consideration, the case that allows this rises for law, become the consensus of legal group.
At Home Haiming person
Present result fairness is just
After police of elder brother hill issues a bulletin, reporter of new capital newspaper contacted Yuhaiming the elder brother of the native place in Yuan Zaihan, its express to had said not to come out with joy word. He says, oneself also are to pass a network to was informed a message to acquire connection with sister-in-law, sister-in-law expresses very busy also now, hanged a phone.
"This thing got a fair justice (result) , plan the issue in good home next, want to saw him in the past. I feel this thing little brother is right all the time. " Yuhaiming's brother says.
According to at elder brother memory, the message that Yuhaiming has an accident at that time is to pass the phone of sister-in-law to be informed, specific also do not know what thing. See video later, family feels very astonish.
Introduce according to its, yu Haiming is a honest person as a child, the life is in a country, meet with the family member at ordinary times time is little, on holidays just returns old home, meet a thing to just be contacted, now and then call the newspaper is restful.
Some closer year, the little brother meets many jobs, domestic life disease also spent a lot of money, economy " very nervous " . "Period of time returns my mother to received the past to play period of time there before, just came back to do not have a few days he had an accident. " (Wu Jing of Qiu Qinkuan of reporter king article Zhang Tong Ma Jun)
