According to police bulletin, case hair that evening, bang dragon drunk wine drives BMW car, hold additionally 3 people -- Liu Jiang strong, Liu Mou and Tang Mou some, along shake of city of elder brother hill plain road westing comes 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, liu is such-and-such namely Liu Jiang is strong, for the first get off wears Bai Yi to take person in video. He is accepting when interviewing, say:
Recording: He (bang dragon) the someone is condemned inside the car, he (bang dragon) say to see a car bump. I go down to look, that another friends help rise proper motion frame of Yuhaiming, put on driveway edge. 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.
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.
The eyewitness Xiaoke of traffic light waits in crossing:
Recording: Come out from cab (bang dragon) come over (Yuhaiming) begin to hit him. Those who see that true injury is very heavy, whole flesh crosses arm.
Later, bang dragon returns BMW car to take out a chopper again (classics police appraisal, for control cutting tool) , bang dragon uses knife stroke Yu Haiming continuously ministry of cervical, waist, leg. The chopper in stroke is swung. Yu Haiming grabs chopper, thorn chops a process to last 7 seconds.
Liu Jiang says by force, bang dragon is in more at that time bleed, but because see Yuhaiming taking a knife, bang dragon pulls to go before going up:
Recording: 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.
Xiaoke tells a reporter, when Yu Haiming is chasing after bang dragon later, did not chop person behavior:
Recording: Chased after him to was not chopped. 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.
Public security bureau of elder brother hill publicizes sectional chief introduction: After bang dragon escapes, be in be apart from BMW car northeast inside the greenbelt that side is in many 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:
Recording: 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.
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, think Yuhaiming's behavior belongs to self-defence, do not bear criminal responsibility, public security mechanism lawfully case of cancel Yu Haiming. Liu Jiang is strong participate in beat up Yuhaiming, by lawfully administration detains 10 days.
Public security bureau of elder brother hill publicizes sectional chief to express, maintain for " self-defence " , basically have at 3 o'clock reason, above all, BMW car drives the behavior of person bang dragon belongs to criminal law meaning to go up " do violence " .
Recording: 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.
The 2nd, the illegal enroach on of bang dragon is a persistent process. Person safety of Yu Haiming lies all the time in the violent menace of bang dragon. The 3rd, the behavior of cognizance cyclist Yu Haiming stems from defensive end. The process is covered in the reporter in, yu Haiming expresses to police:
Recording: Thank the judgment that made justice to this thing.
In the meantime, police of elder brother hill passes heat to have a response to the net, 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; Public security mechanism did not discover bang dragon has experience at present black criminality; The BMW car that bang dragon drives ties 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.
Elder brother hill 8.27 cases, still caused a society to " self-defence " the attention of the system. Jiangsu saves a procuratorate to undertake unscrambling in the light of this case, think the system value from self-defence looks, 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.
Institute of judicatory of criminal of university of Chinese politics and law teachs Ruan Qilin to think, the cognizance of this case, will right the law of self-defence behavior is applicable henceforth rise to urge action actively:
Recording: Because of law it is to have a principle level. Specific the member that want judicatory person masters, judicatory personnel masters this measure to go up how to master, past that is to say defends the person sends this kind of case that person of illegal enroach on dies, have especially so still one pursues the action that throws instead instead, under this kind of circumstance, very difficult in public security this phase thinks it is behavior of a self-defence directly, very god-given, see really China is opposite this of self-defence applicable going up is the work steadily walks up correct perhaps say to dare a such applicable orbit came up.
