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August 2018, jiangsu saved city of elder brother hill to produce criminal case one case, some man drives after BMW car and pedestrian generation conflict, oppose knife do violence, the pedestrian seizes a knife to strike back, the person that cause BMW car finally to drive dies (case detail searchs 8 · please hill of 27 elder brother holds a knife to chop person case or search " Kun Shanlong elder brother " ) . This case is maintained finally for self-defence, this decision already regulation of be good law complies with popular wishes again, get people supports, small law of at this late hour does not think overmuch give uncecessary details.
This sense that has a case is more than hereat, this case lets be in " self-defence " this concept walks along popular feeling truly, let common people know, when facing illegal enroach on, oneself have the opportunity that save oneself, have mutinous power.
But, why to plant is defensive ability maintained for self-defence?
When can you just undertake self-defence?
What is the necessary limit of self-defence after all?
General masses returns these problems is to do not have the answer. The most person cognizance to self-defence is, "You hit me, I can hit you, you kill me, I can kill you " little imagine this kind of viewpoint is to wander the brim at danger.
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"Case of dragon elder brother " later, one is lifted again on the net " reverse a verdict wet " the court decision that thinks court of intermediate people of city of Inner Mongolia Huhhot did on January 30, 2018 is a mistake, also ought to maintain for self-defence undesigned harm
(because limited space small law is unclear fine list adjudicative content, it is OK that everybody sees an official have fun at search in net of Chinese judge copy clerk " Wang Tiezhu, Wang Yucheng harms a blame intentionally judgment of first instance criminal " ) .
So, does this case belong to self-defence after all? Whether ought to make with " Long Ge " the processing with same case? Small law explains in detail to everybody here.
Details of a case originates net of Chinese judge copy clerk
After all what is self-defence? About self-defence, our country criminal law is so of the regulation:
Small law viewpoint, maintain whether to form self-defence, the key depends on at 2 o'clock, it is whether enroach on is illegal enroach on (home remedy fault is caused, both sides gathers a crowd the illegal enroach on that the bilateral fault such as fistfight causes eliminates outer) ; 2 it is whether enroach on is undertaking, was short of at 2 o'clock one cannot.
What is the necessary limit of self-defence after all?
Small law viewpoint, usually party carries out self-defence, cannot exceed necessary limit. What necessary limit points to is enough lets the other side lose harm ability, check namely the other side, about limit problem must particular case is particular it is OK to analyse ability, small law lifts for everybody relatively simple, relatively Utopian example:
For example, person of do harm to (the professional such as champion of boxing of average person blame) stem from intended bloodguilty intended, with " fist " beat up a victim, at this moment when the victim has defence, necessary limit checks namely namely person of do harm to, the means that check has a lot of kinds, can be " bare-handed " consistent fist falls; OK also " hold weapon " if run a stick knockdown, but cannot the place attack of crucial point of reason intent the other side, after falling down, cannot atttack for many times (did not create serious and sequential exception) .
What is special defense?
Small law viewpoint, in short, the other side uses very dangerous method to browbeat to your person safety, do not have the tie of necessary limit to carrying out the victim of self-defence at this moment, the behavior that the reason depends on person of do harm to carrying out is too dangerous, the victim is harmed not carefully in the make a stand against that undertakes under passion it is excusable to killed person of do harm to also is even.
In this case, the dead's king gave birth to child to execute two behavior in all, behavior of homicide of meaning of the first hereat (abortive) , meaning of the 2nd hereat harms behavior (use club, double banger revolts) , king unripe child is beaten dead later.
Above all clue of self-defence of existence of person of the accused in this case is beyond question, those who be put in controversy is to should defend whether behavior has existed to become. Maintain defensive action to whether be become too, the most important is affirmatory: The which behavior that in the light of Wang Sheng child carries out has defensive action. If be aimed at behavior of the first intended homicide, establish special defense to belong to self-defence, what if maintain,be aimed at is the 2nd intended harm behavior ought to be maintained become to had defended.
Small law viewpoint: Ought to holding defensive action is the self-defence that undertakes in the light of behavior of the 2nd intended harm, namely, this case belongs to defense to be become too.
The reason is: Behavior of the first of king unripe child intended homicide has applied end, the case of safety of already nonexistent to the victim serious minatory life, right now if reentry goes " self-defence " , not contented self-defence asks " enroach on is occurrent " this one condition, belong to when defense is unwell; Right now occurrent enroach on is " intended harm behavior " this intended harm behavior does not belong to our country " criminal law " what set " the crime that endangers person security badly " , not applicable and special defense, accordingly, cause death of Wang Sheng baby to ought to be maintained to exceed necessary limit, belong to defense to be become too.
Accordingly, this case is impossible to make with " Kun Shanlong elder brother " the processing with same case.
Defense is become too ought to reduce punishment, this proposal court decision is maintained finally to harm a blame intentionally, particular court decision is:
One, Wang Tiezhu of the accused person commits intended harm crime, sentence a set term of imprisonment 10 years.
2, kindly help secure the success of something of king of the accused person commits intended harm crime, sentence a set term of imprisonment 7 years.
Good, this period with case commentate the law comes here to end,
If you have different opinion, different point of view, your precious opinion can leave in comment area.
Finally, the thank is browsed.
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