Late on August 27, plain road produces shake of city of elder brother hill to hold a knife to throw person case together, cause heat to discuss.
Public security of hill of 35 elder brother gave out with respect to this criminal case at 6 o'clock on August 28 afternoon " alarm affection reports " :
After case happening, have a lawyer accepting media to interview say to cycle the man is suspected of harming the death that send a person intentionally, this accusation term of imprisonment is 10 years of above commonly to capital punishment, because its are not,commit the crime in cold blood, lethal weapon also is not him himself place hold, these meetings give when measurement of penalty of forensic open a court session consideration. Too also legal personage does not think according to our country criminal law the 20th the 3rd paragraph infinite defense counterpoises law, law case accords with self-defence to should not conviction. More person criterion around whether to form self-defence to perhaps had defended should undertake discussion. Additionally the message says at present police harms a blame intentionally to detain Yu Mou criminal with be suspected of.
To this case, the same night of procuratorate of city of elder brother hill intervenes ahead of schedule and issue a bulletin: "Via preliminary investigation: Guilty suspect Yu Mou is in city of elder brother hill shake plain road is mixed near mouth of across of suitable sail road Liu Mou of the injured party produces quarrel because of traffic issue, then upgrades to be harmed to hold a knife, cause death of the injured party. Current, this case is being investigated further in, guilty suspect is controlled already. " should state also be unscrambled to be check by a few people square will with harming accusation intentionally to such-and-such to sue.
To this, beijing youth signs up for a reporter to understand from procuratorate of people of city of elder brother hill this afternoon, this bulletin is bulletin of prime details of a case only, follow-up check square with why accusation sues Yu Mou to some should inspect particular details of a case and be decided. Pass such-and-such Ceng Duo of Liu of the injured party about the net second because of be related of crime put in prison, the procuratorate is combining other department to undertake checking, but return inconvenience to disclose particular case at present.
The relevant law that the case involves sets
Harm a blame intentionally
" criminal law " the 234th regulation: Harm other body intentionally, handle battle of 3 years of the following set term of imprisonments, arrest or control. Blame of the money before making, send a person to be weighed, be in 3 years of above 10 years the following set term of imprisonment; Send what the person dies or send a person to weigh an injury to cause serious disability with particularly cruel method, be in set term of imprisonment of 10 years of above, life imprisonment or capital punishment. This law has a regulation additionally, according to regulation.
This are criminal law to harming a blame intentionally conviction condemnatory regulation, throw person case to elder brother hill, place experience accusation is with the judiciary accurate.
Self-defence and defense are become too
" 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.
This also are criminal of elder brother hill after case happening, discuss on the net most. Think commonly, this the 3rd gifted the citizen is in face a share when serious force commits a crime " infinite defense counterpoises " (also say special defense counterpoises) , this place sets " do violence " it is the violent harm behavior that shows enough causes serious person casualties. Also have the formulation misgivings that the scholar points out to infinite defense counterpoises nevertheless, because of criminal law this regulation does not have the feature that infinite defense counterpoises. In addition, self-defence also suffers actually " defensive opportunity " important document limitation, from the point of legal provision, can be opposite only " undertaking " illegal enroach on carries out special defense. With respect to this case, when be in to illegal enroach on " undertaking " maintain also can concern issue of specific measurement of penalty. Via the court the court decision must not decide anybody is guilty" criminal procedural law " the 12nd regulation: Adjudicate lawfully without people court, must not decide to anybody guilty.
This principle includes two fields: It is to be in our country to only people court has authority to conviction to behavior person, 2 be before forensic court decision convictions, must not do to guilty suspect guilty and illative. Throw person case with respect to elder brother hill for, media reports and public opinion discussion also ought to undertake inside legal orbit.
In addition, " criminal law " the 234th also establish photograph of punishment of responsibility for an offence gets used to a principle, namely penal weight, ought to make crime and assumed criminal responsibility posture suit with criminal place.
