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.
The case is basic circumstanceOn 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 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, 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 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 make reprisals) . 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.
Netizen heat is discussedThe case brings hairnet is friendly intense discussion.
Most netizen thinks electric car advocate Yuhaiming's behavior belongs to allowable range:
Also partial netizen thinks this is defensive become too:
Public security bureau of city of elder brother hill issued a bulletin on September 1, defined what have a case to this is qualitative with reason:
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.
Inquisitor viewWhat is " special defense " ?
"Special defense " call again " had not had should defend " , " infinite defense " . It is to show in what face do violence, homicide to wait to endanger person security badly force commits a crime, the defensive action that defensive person place carries out, bring about person of illegal enroach on to weigh the responsibility of not negative criminal of the consequence such as injury, death.
"Special defense " and " defense is become too " distinction
Criminal law provides the basis the 20th times the self-defence system of our country. Criminal law 20 in all 3, the first self-defence that sets with the 2nd has premise requirement. The citizen can adopt behavior to check when sufferring person of illegal enroach on illegal enroach on, but defensive action exceeds necessary limit apparently, below the situation that creates great harm, should lose defense to be become too responsibility. E.g. , when facing slight and illegal enroach on, defensive person took serious blow action, bring about person of illegal enroach on to weigh injury or death, with respect to the likelihood need assumes defense to be become too responsibility.
And criminal law 20 the 3rd section provision: "To having do violence, murder, rob, the violent crime that rape, kidnap and other endanger person security badly, 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. Do not bear criminal responsibility..
"Special defense " make element
"Special defense " two make element:
What person of 1. illegal enroach on carries out is do violence, homicide, rob, the violent crime that rape, kidnap and other endanger person security badly.
What 2. defends the person is carried out is defensive action. Defensive action is carried out in the light of illegal enroach on, it is to prevent serious force to commit a crime what cause possibly to defensive everybody body is great damage. Say on legal principle namely " need not be opposite legally illegal concession " .
" criminal law " the 20th regulation: To make country, public interest, oneself or the person of other, belongings and other right are avoided suffer the illegal inroad that having, and adopt check the behavior of illegal enroach on, cause to person of illegal enroach on damage, belong to self-defence, do not bear criminal responsibility.
Self-defence exceeds necessary limit to cause apparently great damage, ought to bear criminal responsibility, but ought to be reduced or absolve punishment.
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.
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. Belong to self-defence from the action that holds Yu Huan at the court in joyous case but defense is become too, to Yuhaiming the police in the case and check just maintain Yuhaiming's behavior to belong to self-defence, do not bear criminal responsibility, the self-defence system of our country is being overcome gradually " applicable and conservative " incline to.
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.
