On August 27, 2018, plain road Yu Haiming delivers shock of city of hill of Jiangsu elder brother case of bang dragon death, get attention of social public opinion fully. Terminal decision of public security bureau of city of elder brother hill, electric car vehicle advocate Yuhaiming's behavior belongs to self-defence, do not bear criminal responsibility, public security mechanism lawfully case of cancel Yu Haiming. Procuratorate of people of city of elder brother hill is maintained, 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.
CCTV " now view " column reporter Gao Wei interviewed witness of this case party Yu Haiming and part.
[video exposure]
On August 27, 2018 in the evening at 9 o'clock 36, yu Haiming is riding a bicycle to wait for traffic light in crossing, BMW car drives strong travel of person bang dragon into blame motor vehicle.
There are taking 4 people on BMW car at that time, bang dragon, Liu Jiang strong, their female friend of two people. Liu Jiang says by force, after bang dragon sails blame motor vehicle, think hit a car, quarrel with Yuhaiming in the car.
△ Liu Jiang is strong
Bang dragon immediately makes Liu Jiang strong get off, look to hit a car, strong strong response says Liu to did not hit a car. Liu Jiang says by force, the female friend that takes in BMW car back row at that time also got off, help rise proper motion frame of Yuhaiming, put on driveway edge.
Liu Jiang is strong: I ask that the individual has a thing, he says to do not have a thing, do not have a thing I say you go.
Mix by force in Liu Jiang when female friend leaves, bang dragon rushed from cab, to the sea bright cuff and kick.
This one act, colleague Xiaoke of Yu Haiming (alias) it is eyewitness. At that time, he is in from Yuhaiming the traffic light such as ten meters of far places. Small whole journey stalking or branch witnessed whole process, try to check the conflict of whole episode upgrades all the time.
Xiaoke of △ Yu Haiming's work in the same placing (alias)
Xiaoke says, the bang dragon that comes out from cab sees Yuhaiming begins to hit him.
Xiaoke: Those who see that true injury is very heavy, whole flesh crosses arm.
This one simple fist foot conflicts, take out to grow about 50 centimeters from cab as bang dragon, wide the double-faced edge cutting tool that restricts 5 centimeters, incident begins to upgrade.
Liu Jiang says by force, bang dragon bears down on Yuhaiming, all over the body that chop is blood when, he prepares to pulled bang dragon to go in the past, but Yuhaiming is when seeing this taking a knife, he is scared.
Liu Jiang is strong: See him (bang dragon) bled on arm, here bled.
Reporter: Do you see which bleed?
Liu Jiang is strong: On arm, wind bled, then the individual is pointing to me later, drive out is worn I. Bang dragon lets me run, I see that individual carrying knife drive out I, I ran.
Tell in the Xiaoke of the spot together " now view " reporter, when bang dragon is being chased after at the back of Yu Haiming, did not chop him.
Xiaoke: Chased after him to was not chopped.
Reporter: Did not chop is was being pulled by you?
Xiaoke: He (Yuhaiming) run over toward that alley at that time, I am below that tree, he was not chased after. Next I hit a phone to call the police, after calling the police, I think the police comes quickly only.
Because Liu Jiang is strong in conflict process, had the effect of add fuel to the fire. Current, police of elder brother hill is right its lawfully administration is detained.
" now view " reporter Gao Wei is in know from police of elder brother hill, yu Haiming is dealing with relevant formalities.
Yu Haiming: Police of people of government of people of acknowledgment country, acknowledgment, acknowledgment is right the judgment that this thing made justice.
Elder brother hill once 8.27 cases report, caused attention of the whole people. The netizen thinks, yu Haiming's behavior is " self-defence " . Also the netizen expresses, yu Haiming has ultra action, belong to " defense is become too " .
Yu Haiming's behavior is after all " self-defence " , or " is defense become too " ? " now view " this problem that the reporter cares with respect to the netizen interviewed Zhang Gang of deputy director general of public security bureau of city of elder brother hill.
Zhang Gang expresses, integrated spot perambulate, spot is visited, cadaver check-up check includes other video monitoring to wait for a method, yu Haiming's behavior belongs to self-defence. Police of elder brother hill will deal with relevant formalities instantly, release instantly.
On September 1, was procuratorate of Jiangsu province people released through official small letter " the action that why holds Yuhaiming belongs to self-defence? -- about elder brother hill " 8.27 " the analytic opinion of the case " one article.
It is full text below:
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.
Be informed Yuhaiming innocent, family person grows Shu Yi tone
Late on September 1, reporter the same night hurries to Yuhaiming to be located in strong native place of Xining of short for Shaanxi Province, that evening 9 when make when arriving, brightly lit of the lights in the courtyard, sitting to be informed the kin that comes after the circumstance and friend inside the room. The behavior that is informed Yuhaiming belongs to self-defence, do not bear criminal responsibility, family person grows easy at a heat.
Mother: Dare believe not quite, cry greatly one
"I say to her, xiaoming does not have a thing. She asks me, be true, because the information on the net is very much very miscellaneous, she dare believe not quite. " lady of plum of elder brother's wife says: "It is true that I say, police of elder brother hill is released, at this moment she just grows deep sigh at a heat, say ' I do not have a blame ' . Say ' I do not have a blame ' ..
Be informed a little brother really " do not have a thing " hind, the mother cries greatly with joy, put down a heart thoroughly eventually, had eaten dinner to sleep early. When the reporter arrives, at the sea bright mother had slept. Elder brother Yu Yang of Yu Haiming (alias) say: "She did not sleep a few days well, know the little brother does not have a thing today, she just blacks out early rested. She just blacks out early rested..
Yu Yang says, after the little brother has an accident, at first family person is hiding the truth from a mother, but final mother still knew a condition, a few days will do not eat to be not drunk, alone still in the evening person hides in the room to cry. Ms. Li says, these days the thing for the little brother, all in the home is random, old mother washs a face with the tear everyday, do not have a meal by day, do not sleep in the evening, these days hypertension made, the family is afraid of body be unable to stand of the mother. She and husband can keep comforting only, persuade a mother to go to the outside, medicinal powder beguilement, but essential and trashy.
Elder brother: Thank countrywide netizen and media
"Did not think of really so fast, the attention of media of whole nation of if it were not for and netizen, knowing to meet really is what kind of result. But I also believe the law, result that believes the government can give my little brother a fairness from beginning to end.
Late on September 1 9 when make, the behavior that is informed little brother Yuhaiming belongs to self-defence, do not bear criminal responsibility, public security mechanism lawfully cancel concludes the case, elder brother Yu Yang (alias) long stretch at a heat.
Yu Lin picks up the telephone in oneself courtyard. New capital signs up for reporter Ma Jun to photograph
"Because we also do not know law, so to the little brother the bottom is done not have very much in heart of final what result after all. " elder brother Yu Yang of Yuhaiming (alias) say, but he pays close attention to the information on the net everyday, the media that knows the whole nation and netizen are paying close attention to the little brother's thing. Come day after day, ceaselessly the lawyer contacts him, think for the little brother free representative engages in a lawsuit, but he did not agree.
Yu Yang says, he did not accept the lawyer's aid, basically be sister-in-law is handling this issue on one hand, on the other hand they also did not pass this kind of work before, do not know to should do how really. He can stare at a mobile phone to look everyday only, consider the case that is informed little brother case for a short while, "It is good to longed to come to this eventually result. "It is good to longed to come to this eventually result..
Elder brother's wife: Come home the first thing is to give sister-in-law to call
Ms. Li says, sister-in-law exhorts in the phone she has taken care of old mother, will taken care of in the home, the little brother's issue is handled by her.
