Self-defence? Is defense become too? Is intended still harm deadly? The town of elder brother hill that gets attention of social public opinion fully " 8.27 " Yuhaiming sent case of bang dragon death to have a result. On September 1 afternoon, public security bureau of city of elder brother hill and procuratorate issue a bulletin in succession, the behavior of cognizance Yuhaiming belongs to self-defence, do not bear criminal responsibility. What did the case experience, have detail of insensible of what your place, why to maintain self-defence, here has the opinion of Jiangsu procuratorial work and voice.
One, the case is basic circumstance
On August 27, 2018 21 when make 30 minutes, plain road produces shake of city of elder brother hill one case BMW car driver holds a knife to chop a person to oppose the proposal that be killed. Public security mechanism is received alarm hind drive in time go to field survey processing, and that day put on record is investigated. Procuratorial work mechanism takes this case height seriously, procuratorate of city of elder brother hill the member that send for a short while intervenes ahead of schedule lawfully investigation activity, consult case testimony material, obtain evidence to investigating and law is applicable offer opinion and proposal, fulfill law to supervise duty lawfully. The member that Jiangsu saves procuratorate, Suzhou city procuratorate to be sent in time undertakes guidance, top people procuratorate also expresses to be deeply concerned to this case.
Public security mechanism is found out, case hair that evening bang dragon drunk wine drives car of Anhui AP9G57 BMW (via detecting, haemal alcohol content is 87mg/100ml) , carry Liu Mou some (male) , Liu Mou (female) , Tang Mou some (female) reach city of elder brother hill all right shake plain road, enter blame motor-driven driveway forcibly right, with the Yuhaiming that rides a bicycle normally nearly is touched brush, both sides produces conflict then. Via help sb to get over his worries of personnel of bilateral person of the same trade, traffic conflict is appeased basically, but bang dragon gets off suddenly, before going up, push, kick dozen of Yuhaiming. Although classics mediate, bang dragon still is chased after continuously dozen, BMW car is returned to take out a chopper after (classics appraisal, this knife is pointed horn double-faced edge, full-length 59 centimeters, among them knife height 43 centimeters, 5 centimeters wide, department control cutting tool) , yu Haiming of the successive stroke that use a knife ministry of cervical, waist, leg. The chopper in stroke is swung, yu Haiming grabs chopper, prick in the disclose in contention, chop attack bang dragon 5 knives, 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. Side of northeast of car of BMW of bang dragon run to, the member that Yu Haiming chases several meters of pedestrians that be the same as lugs block, BMW car is returned after, 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 (Yuhaiming says to take away bang dragon mobile phone is to prevent the other side to call call together personnel to make reprisals) .
Via sending medical service rescue disables to die that day after bang dragon. Appraisal of classics legal medical expert combines video monitoring to maintain, 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.
Yu Haiming is checked via person, see left cervical a form contusion 1 place, ministry of costal region of left bosom season form contusion 1 place.
2, the analytic opinion that behavior of cognizance Yu Haiming belongs to self-defence
Our country criminal law the 20th the 3rd section provision: "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. " reach existing evidence according to this case fact, procuratorial work mechanism thinks Yuhaiming belongs to self-defence, do not bear criminal responsibility.
1.Bang dragon instigates disturbance, fault is prevenient.
Look from the origin of this case, bang dragon drunk wine drives, violate compasses change, active affray, carry a disturbance; From a got-up affair development looks, bang dragon is to push first, then cuff and kick, hold knife stroke finally, illegal enroach on upgrades step by step.
2.Face the real risk that endangers person security badly at Hai Mingzheng.
This case is fastened " the commit physical assault or murder that having " , the knife of double blade pointed horn that bang dragon uses fastens cutting tool of national illicit control, belong to criminal law to provide medium lethal weapon; Its hold another person of lethal weapon stroke cervical wait for crucial point place, endanger security of Yu Haiming person badly; Chopper is swung after falling in the ground, before its go up instantly, contend for, did not abandon evidence. Bang dragon gets hurt after rising, instantly the car that run to places chopper formerly -- Yuhaiming cannot eliminate his from take out inside the car other " lethal weapon " possibility. Although chopper is easy hand, danger was not eliminated, person safety of Yu Haiming is facing pressing and real risk from beginning to end.
3.Yu Haiming grabs the behavior that the knife strikes back to attribute the normal response that affection issues 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. Procuratorial work mechanism thinks, 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.
4.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.
Social all circles gave great attention to this case, especially broad netizen, expert, scholar, lawyer offers opinion proposal actively, rational expression viewpoint appeals to beg, deal with what promoted a case lawfully, mechanism of Jiangsu procuratorial work expresses to be thanked heartily.
Person safety is every citizen's mainest demand, face come from malfeasant serious and urgent harm, law ought to guide encourage a citizen to be brave in ego is relieved, insist to make a fight with illegal enroach on. Judicatory ought to be lost case propose the fashion, duty that promotes healthy atmosphere, procuratorial work mechanism also will guarantee the self-defence right of people lawfully, cogent safeguard people to close right increase.
Add: Case bulletin
Plain road Yu Haiming delivered shock of city of elder brother hill on August 27, 2018 case of bang dragon death, get attention of social public opinion fully. Public security mechanism is investigated through careful, and business asks procuratorial work mechanism to intervene ahead of schedule, handle a circumstance to give with respect to this case investigation now bulletin.
One, the case is basic circumstance
On August 27, 2018 21 when make 30 minutes, bang dragon drives BMW car is in city of elder brother hill westing of shake plain road comes crossing of suitable sail road, produce conflict with the Yuhaiming that is the same as Xiang Qi bicycle. Bang dragon takes out a chopper from inside the car successive stroke Yu Haiming, be turned over to grab chopper by Yuhaiming after and disclose thorn, chop the knife that hit number, bang dragon experience is weighed, classics rescue is invalid die.
2, investigate cognizance fact
Receive after calling the police, public security bureau of city of elder brother hill goes out instantly alarm deal with and put on record is investigated. In view of this case society attention is spent tall, public security bureau of city of Jiangsu province Public Security Department, Suzhou expedite force to go to elder brother hill to coach case detect does the work for a short while. Classics spot perambulate, visit investigation, inquiry to interrogatory, video is investigated and examine the job such as appraisal, case fact has made a thorough investigation of.
(One) circumstance of experience case personnel
Bang dragon, male, 36 years old, the Gansu Province presses down former county person, shack home of land of city of elder brother hill presses down some village, before case hair in Liu Jiazhen of city of elder brother hill some company works.
Yu Haiming, male, 41 years old, shaanxi saves person of peaceful strong county, shack village of in relief Lu Mou of blueness of city of elder brother hill, city of elder brother hill is in before case hair department of some hotel project works.
The Liu when case hair is such-and-such (male) , Liu Mou (female) , Tang Mou some (female) be the same as a car with bang dragon. Some participates in Liu Mou beat up Yuhaiming, by lawfully administration detains 10 days; Liu Mou, Tang Mou some gets off help sb to get over his worries, did not participate in a case. Yuan of personnel of Yu Haiming's person of the same trade is such-and-such, did not participate in a case.
(2) hold main fact
1. case origin. Case hair that evening, bang dragon drunk wine drives car of Anhui AP9G57 BMW (via detecting, 87mg/100ml) of haemal alcohol content, carry Liu such-and-such, Liu Mou, Tang Mou plain road westing reachs shake of city of hill of some edge elder brother when crossing of suitable sail road, enter blame motor-driven driveway forcibly right, with the Yuhaiming that rides a bicycle normally nearly is touched brush, both sides produces conflict then.
2. case is passed. Liu is such-and-such get 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, BMW car is returned to take out a chopper after (classics appraisal, this knife is pointed horn double-faced edge, full-length 59 centimeters, among them knife height 43 centimeters, 5 centimeters wide, fasten) of control cutting tool, yu Haiming of the successive stroke that use a knife ministry of cervical, waist, leg. The chopper in stroke is swung, 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 (classics perambulate, the edge below the window after the car is left has mark of 7 centimeters long knife) . Side of northeast of car of BMW of bang dragon run to, yu Haiming returns BMW car, 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 (Yuhaiming says, taking away bang dragon mobile phone is to prevent the other side to call call together personnel to retaliate) .
3. case is sequential. 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 time, 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.
3, the case is qualitative reach ground
The basis investigates the fact that find out, listen to opinion of procuratorial work mechanism and proposal, according to " 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, cause casualties of person of illegal enroach on, do not belong to defense to be become too, responsibility of not negative criminal " regulation, yu Haiming's behavior belongs to self-defence, do not bear criminal responsibility, public security mechanism lawfully case of cancel Yu Haiming. Prime cause is as follows:
(One) the behavior of bang dragon belongs to criminal law meaning to go up " do violence " . Basis " criminal law " the 20th the 3rd section provision, judgement " do violence " core depends on endangering person security whether badly. In judicatory practice, think to whether be belonged to " do violence " , cannot make excessive demands defensive person reacts in lash-up circumstance dirty gives rational judgement, cannot be premise in order to defend the person suffers real harm more, and should according to the spot specific scene reachs a society the cognitive level of average person undertakes judging. 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 " .
(2) the illegal enroach on of bang dragon is a persistent process. Review this record, 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. After bang dragon is sent, still did not abandon the evidence of enroach on. Person safety of Yu Haiming lies all the time in the violent menace of bang dragon.
(3) Yuhaiming's behavior stems from defensive end. In this case, after Yu Haiming seizes a knife, the 5 knives of dragon of the thorn of the disclose inside 7 seconds, bang in chopping, with 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.
4, other and pertinent question
(One) passing bang a surname about the net is " the day brings a company " the circumstance of the member that check. Affirm via investigating, bang dragon and " the day brings a company " did not concern; Did not discover " the day brings a company " there has been an activity in city of elder brother hill.
(2) pass bang a surname about the net likelihood the investigation state of affairs with black experience. Bang dragon Lai Kunshan worked in August 2006, the home is hired to press down some village with cummer before case hair the apartment of 49.1 square metre. During elder brother hill, because beat up,mar the illegal criminality such as property, intended harm other, intentionally, be in 1 times the set term of imprisonment that administration is detained and 3 times nine month differs to 3 years, public security mechanism did not discover bang dragon has experience at present black criminality.
(3) drive about bang dragon place BMW car condition. Affirm via investigation, the BMW car that dragon of the bang when case hair drives registers a car advocate for Zhejiang some rents company Hefei branch, tie name of cummer of bang Long Yiji, from Shanghai in June 2018 market of some two handcart is bought with loan means, head pay 127 thousand yuan, loan 327 thousand yuan. After case hair, via spot perambulate, other contraband did not discover inside the car.
(4) pass bang dragon to obtain about the net be ready to help others for a just cause honorary certificate circumstance. This circumstance is belonged to solid. In March 2018, because bang dragon provides important clue, assistance arrests the suspect that peddle poison, city of elder brother hill is ready to help others for a just cause foundation is depended on compasses issue for its be ready to help others for a just cause honorary certificate rewards 500 yuan. On August 29, city of elder brother hill is ready to help others for a just cause foundation already made a response to this.
Above details of a case and investigation handle a circumstance to be reported hereby. Thank broad netizen and social all circles to care support to what public security of elder brother hill works!
Public security bureau of city of elder brother hill
On September 1, 2018
Late on August 27, 2018, the Yuhaiming that plain road produces shake of city of hill of Jiangsu province elder brother sends case of bang dragon death, cause a society to pay close attention to extensively. Mechanism of public security of city of elder brother hill is investigated to Hai Mingli case that day. Procuratorial work mechanism takes this case height seriously, the member that send at once intervenes ahead of schedule lawfully investigation activity, consult case testimony material, obtain evidence to investigating and law is applicable offer opinion and proposal, fulfill law to supervise duty lawfully.
On September 1, 2018, mechanism of public security of city of elder brother hill belongs to not self-defence, negative criminal with Yuhaiming's behavior be opposite for responsibility this case makes cancel case decide. Procuratorial work mechanism thinks:
Our country criminal law the 20th the 3rd section provision " to having do violence, murder, 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, do not bear criminal responsibility. " according to afore-mentioned regulations and the fact that find out, in this case, dragon of the dead's bang opposes knife do violence, yu Haiming suffers the violent inroad that having to make the right avoids this everybody body, adopt to dragon of bang of enroach on person check the behavior of violent enroach on, belong 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.
Procuratorate of people of city of elder brother hill
On September 1, 2018
Origin | Jiangsu procuratorial work procuratorial work of hill of public security bureau of city of hill of net of online, people, elder brother, elder brother is online,
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