Basic details of a case
Late on August 27, plain road produces shake of city of hill of Jiangsu province elder brother to hold a knife to throw person case together, cause a society to pay close attention to extensively.
When the accident, the one man inside BMW car and a man of motor-car riding report produce quarrel because of traffic issue, then upgrades to be harmed to hold a knife, take out the one party that the knife starts work first, be ridden another of electric car to seize a knife to kill however.
Police of elder brother hill ever expressed to media before this, death disables because of rescue after person man accident is being chopped inside BMW car.
Occupy procuratorate of city of elder brother hill additionally 29 days to introduce, current, this case is being investigated further in, guilty suspect is controlled already.
According to small gain of government of public security bureau of city of elder brother hill " public security of elder brother hill " release at present alarm affection reports: Two person that hurt are Liu Mou respectively some (male, 36 years old) with Yu Mou some (male, 41 years old) . That evening, both sides is in crossing of shake plain road, suitable sail road causes quarrel to cause conflict because of problem of drive a vehicle. The both sides in conflict gets hurt, rescue of Liu such-and-such classics is invalid die, at some some does not have life danger.
The staff member represents family of conduct propaganda of public security bureau of city of elder brother hill 29 days late: The case gets attention rate is very high, at present procuratorial work mechanism reachs public security mechanism to undertaking checkup investigating to the case together, a few detail return inconvenience to disclose external, newest progress will be announced to the outside in equal opportunity.
Criminal law expert:
Make special defence
Need not bear criminal responsibility
Electric car vehicle advocate behavior is " self-defence " , or " defense is become too " cause heat to discuss, even lawyer analysis thinks its behavior is suspected of " intended harm " . Be in jural, how to limit defense to be become too with self-defence? What is the important document of self-defence?
The acoustical reporter that criminal of university of Chinese politics and law manages law courtyard teachs Ruan Qilin to accept China interviews time analyse, " criminal law " provided self-defence system the 20th times, what self-defence system is aimed at is the self-defensive behavior that carrying out in the illegal inroad that have:
Tell from legal level, self-defence system is the self-defensive behavior that carries out in the light of the illegal inroad that having, doing not have those who exceed reasonable limit is self-defence, from this and cause to person of illegal enroach on damage, basically be person harm, do not bear criminal responsibility.
If exceed necessity, cause great those who damage, it is defense is become too, ought to bear criminal responsibility.
Ruan Qilin expresses, to the cognizance of self-defence, have place of two basic core.
One is defensive premise, it is to be aimed at the illegal inroad that having, if nonexistent illegal enroach on, nonexistent of course defense.
The 2nd defensive limit, the requirement is to did not exceed reasonable limit to cause great harm. This is the condition of limit sex, lawful sex.
Throw person case in the light of elder brother hill, ruan Qilin thinks, put in defensive premise above all.
Tattoo the skin male use car car to report with a few people advocate undertake beating up, this looks so that see, belong to illegal enroach on, then takes a knife to chop him again, also belong to illegal enroach on. White garment man undertakes striking back to such behavior, will protect the security of oneself, have defensive premise.
But, defensive premise has a very delicate time requirement.
When Baiyi the man takes a knife to be in hand when, can has enroach on ended the illegitimation? Has defensive necessity disappeared? If so if, that thinks the behavior at the back of it does not have defensive sense. Look with respect to me, among this case, it is appropriate that defensive opportunity should say to return, it is existence.
Ruan Qilin expresses, 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, namely special defense or had not had when defense.
From the point of the information that discloses at present, ruan Qilin thought to make special defence, he is specific the analysis says:
The a bitth, he still is an urgent and close process really.
at 2 o'clock, deadly injury is to be chased after later chop form, when still seizing a knife at that time, become all right, not clear.
at 3 o'clock, frighten at anger as defensive person in, very nervous, each knife is different, this proper limits for speech or action is taken very hard really hold.
at 4 o'clock, face the case with particularly strong aggressiveness, his concern kickbacks, strike back so more severe. It returns such way is to have certain rationality.
A such complex cases, also be the problem of an opinions differ from each other really.
Lawyer:
Crucial detail finds out ability to maintain self-defence
Public opinion should not intervene judicatory
Committee member of committee of business of criminal of countrywide bar association, Beijing is violet China when Qian Lieyang of attorney office director is accepting acoustical reporter of China to interview, express, of crucial to the case detail find out, maintain to behavior crucial.
Qian Lieyang says: "Self-defence is told from legislative angle, want to advocate a citizen to make a fight with crime namely, will boldly protect oneself the safety of lawful life property. The dead is to be provoked actively take a knife, have all illegal sex so. From technical level, it is self-defence or defense become too, legislative original idea is to say self-defence cannot exceed necessary limit, what this limit points to is to check illegal enroach on. What this limit points to is to check illegal enroach on..
Qian Lieyang emphasizes at the same time:
After seizing a knife when him, begin to chop the dead, next the dead runs he is being chased after again go chopping, in this process, should understand (whether) arrived necessary limit, the likelihood still should see detail.
How many knife to chop? What is the order that cut? Below what circumstance is deadly this one knife chopped? Next this circuitry that run (what be) ?
I feel, still want legislation of strict according to, cannot control judicatory to adjudicate quite with social public opinion.
The thank is read! Feel pretty good, ask you to nod assist!
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