Exclusive special interview: "Elder brother hill throws person case " why does solution of square detailed of check of elder brother hill approbate police to remove proposal decision
On September 1, police of hill of Jiangsu elder brother issues a bulletin: Public security mechanism is investigated through careful, and business asks procuratorial work mechanism to intervene ahead of schedule, maintain finally, "Elder brother hill throws person case " in the behavior of Yu Haiming of the person that ride a bicycle belongs to self-defence, do not bear criminal responsibility, public security mechanism lawfully case of cancel Yu Haiming.
After case hair, procuratorate of people of city of elder brother hill the member that send for a short while intervenes ahead of schedule lawfully investigation activity. To the decision of case of cancel of public security mechanism, procuratorial work mechanism thinks, decide be good law sets.
At this point, this stage reporter interviewed deputy chief procurator of procuratorate of people of city of elder brother hill.
Place of Gong Wei of deputy chief procurator of procuratorate of people of city of elder brother hill: This law case is whole it is to belong to our country criminal law 20 the 3rd, what what set is special and defensive, special defense also passes bounds question with respect to nonexistent defense, criminal law 20 self-defence of paragraph and the 2nd the first regulation, it can be put in the problem that defense is restricted too, defense crosses the issue that become, 20 the 3rd it is advantageous position of an infinite defense, it is so nonexistent be become too and be restricted defensively too.
Procuratorial work mechanism introduces, this case is applicable criminal law the 20th the 3rd regulation, in the case, bang dragon drunk wine drives, violate compasses change, active affray, carry a disturbance; Bang dragon is to push first, then cuff and kick, hold knife stroke finally, illegal enroach on upgrades step by step, this case is fastened " the commit physical assault or murder that having " , although chopper is easy hand, danger was not eliminated, person safety of Yu Haiming is facing pressing and real risk from beginning to end.
Place of Gong Wei of deputy chief procurator of procuratorate of people of city of elder brother hill: After Yu Haiming is grabbing this chopper, successive disclose pricks the knife that throw dance, all injury affection form inside 7 seconds, we consider as the process of whole act a coherent defensive action, this faced situation is urgenter. Below the circumstance of the illegal enroach on of this so serious do violence that faces in him, the angle of the spectator after we are engaged in hard will make excessive demands Yuhaiming this behavior at that time, should maintain a what kind of scale to restrain his blow, should maintain a what kind of 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.
