This year in July, inner Mongolia adjudicated mix together " defense is become too " the law case that concern, the accused square family member thinks of this case and city of hill of Jiangsu elder brother " Long Ge is killed instead case " same, also should be " self-defence " , but the dead's one party is not agreed with stoutly " self-defence " view.
The dead is Wang Sheng child of 61 years old. On Feburary 2, 2017 before dawn at 4 o'clock, king unripe child slips into Tuoketuo prefectural new camp child Guo Sanxiang of villager of the village on town dam throws 3 axe repeatedly to its head in the home, after be being discovered by Wang Yucheng of column of iron of king of Home Guo son-in-law, kin, use wooden club and double banger to atttack 2 people again, be beaten dead by 2 people instead finally. This year the beginning of the year, first instance of intermediate people court adjudicates Huhhot 2 people commit intended harm crime, sentence a set term of imprisonment 10 years to mix 7 years respectively. After half an year, the Nei Monggol Autonomous Region is advanced people court thinks first instance convictions accurate, measurement of penalty is proper, reject appeal, maintain original judgement.
"He still is continueing to atttack other later, so 2 talents can strike back, did not think of to be able to hit a the dead. " son Wang Yanqing of Wang Yucheng says, meaning of hereat of king unripe child commits murder, if was not discovered consequence is unimaginable. But family of Wang Sheng child does not agree with to this: "Can self-defence still beat dead person while still alive? They just are intended homicide. " red star journalist understands, wangyu becomes municipality of an already inward Mongolia to lodge a complaint of senior people court.
Forensic court decision: Belong to self-defence originally, but after falling down, continue to beat up exceed necessary limit
Because of young when with the villager Guo Sanxiang is put in dispute, 2017 a day of the first month of the lunar year night, king unripe child slipped into Home Guo Sanxiang. Judgment of criminal of first instance of Huhhot city quadrangle shows, of case hair before dawn was controlled at 4 o'clock on Feburary 2, king unripe child used the Guo Sanxiang head that throws axe general to sleeping on kang to throw 3 axe repeatedly.
With the kin of house Wang Yucheng hears sound, discover Guo is chopped, column of iron of king of the wife Qiao Qiaolian with respect to call out Guo Sanxiang, son-in-law. After 3 people examine injury feeling of Guo Sanxiang, the person that search do violence in the courtyard, in charcoal caboodle discovers footmark finally. The king that hiding at this moment gives birth to child to use wooden club and double banger to atttack 3 people, immediately of Wang Tiezhu and king kindly help secure the success of something uses the thing such as wooden club, broom successive stroke king gives birth to child, cause its body much part to get hurt, rescue disables to died on Feburary 4 after.
The appraisal of cadaver check-up check of place of appraisal of material evidence of Huhhot city public security bureau says, head of the exsanguine sex shock that Wang Sheng baby dies at sending sexual fracture and parenchyma injury to cause more, amalgamative skull is injured. And the facial injury assess of Guo Sanxiang of the person that hurt attachs most importance to 2 class.
First instance thinks, the dead's king gives birth to child to hold lethal weapon to slip into Home Guo Sanxiang, its facial chop, belong to intended harm. Wang Tiezhu, Wang Yucheng is later inside oneself courtyard check the illegal enroach on of Wang Sheng child, belong to self-defence originally. But in defensive process, hold the serious consequence that its body caused instrument stroke to die, exceeded necessary limit, belong to defense to be become too, make intended harm crime, but reduce punishment.
Inner Mongolia tall courtyard also thinks, after Wang Sheng child stroke falls down, 2 people did not abandon beating up, cannot move till its play, cause death finally, it is self-defence exceeds necessary limit. Sentence Wang Tiezhu set term of imprisonment 10 years finally, wangyu becomes a set term of imprisonment 7 years.
Content of part of report of ▲ first instance
Content of part of report of ▲ first instance
▌ has a lawyer to think to form defense to become too:
@ law group one elder sister thinks in comment of individual small gain: [whether form self-defence, the key depends on at 2 o'clock: It is self-defence when, whether to have pressing sex; 2 it is do violence person go up subjectively, objectively after losing do violence ability, whether does defender continue to defend behavior. ]
In this case, before family be encroachmented half paragraphs defense is really happen below urgent situation, but second half paragraph do violence person behavior already did not have the pressing sex that causes family be encroachmented to continue to defend, in other words, family be encroachmented has enough time to call the police however, however direct do violence person beat dead, have misgivings truly.
@ concealed thinks at the comment of small rabbi small gain of front courtyard: Can see, the person that the commit physical assault or murder of this law case is covered inside (became a victim later) be harmed intentionally and be beaten dead intermediate existence is worn apparent interval, so cognizance defense also should be justifiable too...
When law sets, still always like a person tentative idea to be legal reason person. But all of us knows, even if be a jurisconsult, be in hormonal below the action that waits with adrenalin, also cannot momently reason (can you still make even law professor bit of small mistake) ... whether does such regulation have be contrary to human nature? Whether to have maneuverability?
To legislature and judiciary, hold conservative mood to the cognizance of self-defence, the likelihood also is to consider everybody was not clear about this cut to have what consequence, everybody doesn't have courage to assume this history responsibility.
▌ has a lawyer to think to form self-defence:
The lawyer comments on with respect to this incident:
Legal for love or money does not encourage privative other life, but also cannot foot of Wei hand Wei. A normal society always cannot be self-surrender of requirement good person, when life safety is browbeaten, move when this skill. Not afraid " self-defence " legal precedent is too much the meeting is further socially violent incident grow in quantity perhaps upgrades, the activation with the bold person that have a judge only " criminal law " medium self-defence clause, ability the rogue of those without reason affray mixes strong awe, cooperate strongly " sweep black except evil " .
"Elder brother hill throws person case " when belonging to self-defence, ceng Zhuanwen shows the writer, final processing is worth affirmation as a result, but also cannot blind and hopeful. The processing of the case does not have catholicity as a result, whether to have what epoch-making meaning passes time and practice even to examine. " criminal law " medium " self-defence " clause whether continue sleep deeply, still need wait and see what happens!
And adjudicate to the court of this case, with bitter hatred, can appeal only: Pass the case that become to defense, want to give negatory opinion of course on criminal law meaning, but can give when measurement of penalty relatively substantially from wide punishment, the place with mature condition, can consider applicable probation to perhaps conviction avoid place. If have the requirement of cognizance self-defence, hope court does not want take into account " appeal for help, tangle visit " wait for an element, make a judgment lawfully.
Also lawyer comment thinks:
With before before long Long Ge case be exactly the same, huhhot is entered this room strike back case, when also having case hair, the injured party to do violence of the other side, the person that strike back has infinite defense to counterpoise, below normal circumstance, although cause commit physical assault or murder person die, also ought to maintain for self-defence.
Two cases appear however disparate result, case of dragon elder brother adjudicates the person that strike back fastens self-defence, do not assume criminal responsibility. But, huhhot this case, quadrangle first instance thinks 2 people defense is become too, adjudicate 2 people commit intended harm crime, sentence 10 years to mix 7 years respectively. A:appellant hind still maintains original judgement.
Appear such circumstance, in current judicatory practice, what be any more new issue. Of the problem essential, still depend on judicatory cannot coming true thoroughly independently, accompanying the mood of family member of the injured party, pressure, and the existence of social public opinion, have ZF factor even intervene, judicatory court decision often appears sway.
Before before long, highest courtyard expresses to will publish judicatory explanation to self-defence case, encourage people to be in when encountering illegal enroach on, be brave in with criminal make a stand against, dare self-defence. First no matter final result how, at least direction is good.
The police before regarding as, to the understanding of self-defence, clinking feel sad, the five flavors is miscellaneous old. I wish, when encountering illegal enroach on, the person that be encroached can be without very apprehension, creditable ground to strike back, uphold life and dignity, law no longer frozen.
Comment of lawyer small gain thinks:
Before before long, top people court was released a few days ago " plan about carrying out the job of socialistic core viewpoint of value in the round in judicatory explanation (2018-2023) " .
" plan " requirement, justice, affable, coadjutant socialistic core value and moral demand are promoted energetically in wanting to explain in judicatory. Should timely principle of the cognizance standard that publishs defense to be become too, punishment and be ready to help others for a just cause the law of relevant dispute is applicable standard, encourage self-defence, the; of legitimate rights and interests of the person that protection is ready to help others for a just cause edits the opinion that deliverance of judicatory of international of perfect people court works, reflect judicatory further humanitarian consideration.
We most the law of expectation is judicatory independence, be not disturbed by public opinion place, but we discover later, did not have public opinion supervise, the case often happens unjust. Return this case to look, carry the dangerous setting that ax establishs into room homicide place, absolutely the force that no less than elder brother hill face at sea otter place and danger, breathe out like that city quadrangle, even inside unconscious tall courtyard, and even fair check as string of 1000 cash equably " self-defence " put on a higher level, exceeded what most other people and average person revolt to danger to anticipate, and this consistent law attitude, brought about Long Ge forth, do not realize loss how many honest person.
We hope to live in a justice, fair law environment, below the condition that does not violate other right, do not hope to be encroached by other more, if we rise, him protection also is crime, that human rights is without the ground of base oneself upon.
The king that kills instead surnames 2 people already appeal comes highest courtyard, reverse a verdict to be immersed in again " judicatory of public opinion kidnap " eddy, do not reverse a verdict to hold water extremely likely " judicatory is unjust " , the care of can making a person with true result. I think, highest courtyard should organize the conference possibly to begin to discuss " self-defence " what course to follow, how should this case give the people a satisfactory result?
