Xiaozhang
Protean form, the brainwashing of all kinds of strange things, fine think of extremely the person that fear is controlled... pass annul, so that how many person loses a family fortune to ever kill, be utterly isolated? And recently, according to media coverage, yunnan markets a tissue Baoshanyi is small groups because of escaping to be passed deep-setly and " on booth " an important matter, your person sobs.
Consider simple course of the thing back and forth first:
On January 21, 2018, the Xiaozhang that Yunnan protects Shan Changning is cheated a of Chu Xiong to pass by the friend market a tissue, "Oversee " Wang Mou day and night guard, xiaozhang's mobile phone and Id also are walked along by search. Be passed to sell constituent pilot 20 days in Xiaozhang in, pass for many times sell constituent personnel to beat up.
On Feburary 10 before dawn, conflict produced with Wang Mou when the toilet on Xiaozhang, continue Xiaozhang " brainwashing " the request that Wang Mou rejected to take money to put him to go. In conflict process, wang Mou uses the neck that hand clutch stays in pieces small, advance him the corner point of toilet, both sides lasted 4 minutes or so all the time so. At this moment, the eider down that small him Zhang Cong wears is taken a tape is pulled down on the brim of a hat, what twine Wang Mou with its is cervical, and tug pulls two end... in this process, xiaozhang says to Wang Mou: "Otherwise, we a let go, but Wang Mou is not willing namely let go. But Wang Mou is not willing namely let go..
After many minutes 10, wang Mou lost revolt completely. Subsequently, xiaozhang is with clothings a place of strategic importance in Wang Mou's mouth, left toilet. Back-to-back, xiaozhang signs up for counter scale to police: Oneself are cheated to enter pass market a tissue, controlled still passing annul in the organization. The policeman hurries to the spot, found Xiaozhang. After doctor of 120 emergency treatment hurries to the spot, affirm Wang Mou already died.
As we have learned, this case was in on August 10 open a court session of quadrangle of Chu Xiong city is tried. We see each point of view in front courtyard careful again:
Procuratorial work body says in accusation, life of pieces of small illegal privative other, its behavior forms intended homicide. In the meantime, public prosecutor thinks, after case hair, xiaozhang calls actively call the police, await a policeman to seize, belong to a criminal give himself up to the police to confess one's crime; The injured party is in this case, have certain fault.
Zhang Mou counsel for the defence thinks, zhang Mou brings about person of executive enroach on to die because of self-defence, belong to defense to be become too at most, the court should consider Zhang Mou integratedly to confess one's crime wait for a circumstance, avoid to its punish at criminal.
"Protect Shan Xiaohuo defect to pass sell strangle supervise work " once the case reports, pay close attention to extensively and discuss what caused a society again about the topic of self-defence, and most netizen thinks Xiaozhang should be maintained for self-defence.
Immediately, on September 6, yunnan saves a procuratorate to release a bulletin to say, already assign person specially assigned for a task goes to guidance of Chu Xiong city to handle a case. In the meantime, whether is the Zhang Mou that pays close attention to around the society put in the problem such as defensive clue, yunnan province procuratorate will coach procuratorate of Chu Xiong city clutchs investigation is checked, maintain strictly lawfully, ensure case justice is handled. Case progress circumstance will be seasonable report to the society.
Legal network reporter notices hereon case, media reports so: "Will be Zhang Mou sentenced after all are intended homicide or defense become too? Pay close attention to please " , is such statement appropriate? So, how should be Zhang Mou's behavior unscrambled? If belong to defense to be become too, how should conviction again? Legal network reporter interviewed Beijing to become attorney office greatly senior partner Wu Liwei's lawyer.
One, the detail that discloses according to media, how should be Zhang Mou's behavior unscrambled?
In interviewing, the behavior to Zhang Mou belongs to self-defence or defense is become too, wu Liwei's lawyer spoke of two keys nodding:
Wu Liwei's lawyer thinks, from current in light of the detail that each media discloses, the neck that Wang Mou clutch wears pieces small lasted for a long time, and in the process that straps in two people each other, small Zhang Di views two people the Wang Mou after let go is determined still at the same time not let go. Below this kind of circumstance, if show according to farther fact and evidence Wang Mou is merely,want to control Xiaozhang, the behavior of Wang Mou of pieces of that is small follow-up strangle, should be defense is become too, what if evidence shows Wang Mou has,continue to carry out enroach on to want to bring about Xiaozhang to weigh an injury to perhaps die is intended, some behavior can maintain king of pieces of so small follow-up strangle for self-defence, this is a crucial link that whether judgement forms self-defence.
Still have a crucial link, it is us cannot the major premise that this case produces neglect: Law of dispute of a group of people passes Wang Mou the member that sells a tissue, and had been suspected of be being carried out to Xiaozhang imprison illegally, the individual freedom that brings about Xiaozhang, domesticity, life and belongings safety got be disturbed badly, right now Xiaozhang's heart is scared necessarily. Below this kind of circumstance, if do not let Wang Mou be in fainting condition, do not take ultra step, xiaozhang is impossible to break away from this kind of illegal pilot, his life property safety does not have not to arrive to be safeguarded normally. After we cannot think a person is passed to sell an organization to control simply, do not calculate without life danger suffer serious enroach on, deep-set to a lot of people expressing the sort of life position after marketting a tissue is to give birth to those who be inferior to dead.
Accordingly, hereon case, we should see case hair not only the detail at that time, the big setting that joins a case even will consider integratedly.
2, if be mixed according to the fact evidence, zhang Mou's behavior is maintained to be defense to be become too, how should be Zhang Mou's accusation maintained again more appropriate?
In interviewing, wu Liwei's lawyer tells a reporter: "Will be Zhang Mou sentenced after all are intended homicide or defense become too? " such view affirms media is ill-considered. Because defense passes the charge that should not be specific independence, it just demonstrates the quality of defensive action, to forming why the blame does not have definitive impact, it is to show defensive action exceeds necessary limit to cause apparently great the harm criminality that ought to bear criminal responsibility, what it affects is the clue of measurement of penalty after convictioning.
Cross the measurement of penalty that become to defense, criminal law the 20th the 2nd section provision, "Ought to be reduced or absolve punishment " .
Return to this case, wu Liwei's lawyer thinks, in light of the content that reports from media, king of pieces of small curb does not have buy absolutely when some neck he at the deathtrap intended, if have this kind of intended word,offerred impossibly to let go at the same time. Plant in this " he does not let go I also do not let go " the at best below the circumstance also can send person death to judge according to intended harm only. If final basis fact is mixed evidence, the behavior of cognizance Xiaozhang belongs to defense to be become too, will sue with harming a blame intentionally more appropriate.
In addition, on clue of measurement of penalty, in check is being mentioned to just think the injured party has a case in this in current media coverage, have certain fault.
And Wu Lv division thinks the fault of here should attribute serious mistake, had reached the level that is suspected of crime, one is to be suspected of passing the guilt that markets a tissue, also manage a hardship illegally of 224 regulations with respect to criminal law, another is to be suspected of imprisoning a blame illegally. Below this kind of circumstance, be murdered just is not common mistake, however serious mistake.
Finally, wu Liwei's lawyer returns from social effect refer the idea of this case: Macroscopical go up consideration, if this case has been punished severe, pass the photograph of great topological features that sells organization and illegal activity to be contrary to with blow, go against afore-mentioned pair of organizations and behavior to form awe.
Our country hits long-standing to passing the severity that spends organization and act, be in early 2001, our country established national blow to pass sell the office.
On Feburary 28, 2009, pass for effectively blow sell illegal crime activity, standing committee of National People's Congress of 11 whole nations the 7th times the conference votes the criminal law amendment that adopt (7) added " constituent leader is passed sell a blame " , in criminal law the 224th hind increase, serve as the 224th one of: "Organization, leader in order to promote goods, offer the management activity such as the service to be a name, requirement participant perhaps buys the means such as commodity, service to obtain with pay cost add a qualification.
In August 2017, industrial and commercial ministry of social security of resource of total bureau, Ministry of Education, the Ministry of Public Security, manpower 4 branches print and distribute " about beginning with " invite applications for a job, introduction works " be engaged in passing for the name sell an activity the announcement that special punish works " , requirement severity blow, ban lawfully pass market a tissue, the announcement emphasizes, fighting each other " do poineering work, obtain employment " cover, with " invite applications for a job " , " the introduction works " for the name, what staff of coax to apply for a job plays is of all kinds pass market a tissue, eradicate stoutly.
On April 3, 2018, total bureau of national market supervisory government is released " the opinion that national market supervises administrative total bureau to sell the work about strengthening blow to pass further " , should fulfil blow punish network to pass in the round annul " monitor on the line, the demonstration below the line, much arrange deals with, reliable deal with problems arising from an accident " blow punish network is passed annul " law of 4 paces job " , begin without pass annul community and without pass sell network platform to found the job.
Below this kind of circumstance, the personnel that be imprisoned is passed illegally to escape and carried out ultra behavior to bring about sell constituent personnel death, if punishment is too severe those who be equivalent to marketting a tissue to passing is abet, go against social stability, also go against conciliatory society people to sell an organization to abhor to passing, abhorred mood.
