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New network client carries Beijing in report inscribed on March 28: Shaanxi kills instead case " track: 18 seconds strike back, self-defence provoked controversy
Author poplar rain is strange
Latter, be called by media " Shaanxi is killed instead case " after news exposure, cause public opinion attention continuously. This incident happened on December 10, 2017, billow of Shaanxi man king, li Lei of the injured party suffers provoke in bar, wang Lang sends Li Lei to die when undertaking striking back. After the accident, because Wang Lang commits intended harm crime, be saved by Shaanxi first instance of court of intermediate people of salty in relief city sentences 9 years of set term of imprisonments.
After first instance is adjudged, wang Lang and its parents refuse to obey, appeal saves senior people court to Shaanxi, this case already on December 20, 2018 2 careful open a court session is tried. In front courtyard careful, xin of Xu of counsel for the defence thinks Wang Lang's behavior belongs to self-defence, public prosecution just puts forward Wang Lang defense to be become too.
As exposure of spot monitoring video, to king wave action qualitative also cause a netizen to discuss. For this, king billow parents headed for Beijing on March 20 this year, refer new material to top magic art and highest check, the hope borrows " elder brother hill is killed instead case " precedent, strive for the adjudicative result of self-defence for the son.
18 seconds strike back! King billow first instance obtains punishment 9 years
Late on December 10, 2017, li Lei and king billow appear in bar of color of dazzle of in relief county of short for the Jinghe River. Li Lei, Wang Lang originally each other is not acquainted, when bar encountering, 2 people drank many wine respectively.
20:32, 5 people of Li Lei, Wang Lang and its friend encounter in bar. Next 5 minutes of things that produce, let Li Lei end young life, also served dock Wang Lang.
Data chart: Shaanxi saves tall courtyard to Wang Lang one case undertakes 2 careful. Careful of Chinese front courtyard publishs figure of net video cut
Monitoring picture is reductive accident course. Person of Li Lei group guides in bar clerk below, passed 2 desks that Wang Lang is in, have eyes of a few seconds with Wang Lang to inspecting.
According to bringing the clerk memory of the road, li Lei thinks king billow goggle at he, berate then: "You are in that glare X child! "You are in that glare X child!!
Immediately, before going up, Li Lei challenges and from by desk before taking an ashtray to throw the Wang Lang bosom that sitting, wang Lang also grabs from the desk beer bottle rises to produce conflict with Li Lei.
The Wang Lang that one careful judgment records is offerred predicative show, wang Lang says he takes bottle to be boost one's courage only. But this one behavior irritated however Li Lei, "He (Li Lei) ask I take bottle to want to do what? I ask why he breaks me, he said to hit you, how? How??
Right now, bilateral friend and bar staff member undertake dissuasion to 2 people respectively, dan Lilei does not listen persuade, grab beer bottle prepares to answer, bilateral friend also seizes next beer bottle from inside 2 hand respectively.
Then, li Lei of the injured party overturns spot sofa, grab again before going up, beer bottle continues to quarrel, throw the beer bottle in the hand forcibly broken, still hand at the same time Wang Lang a beer bottle, continue to be pestered with Wang Lang.
Monitoring shows, 20 when 36 minutes of 11 seconds, bilateral friend in succession diffuse, li Lei hands again Wang Lang a beer bottle, he himself also takes a beer bottle and Wang Lang to continue to quarrel, and the language is provoked.
Next 18 seconds, the destiny of two people is adapted --
20 when 36 minutes of 13 seconds, li Lei pushed Wang Lang's neck with the hand, wang Lang is irritated. Was stupefied after two seconds, wang Lang uses the beer bottle in the hand ministry of head of stroke plum thunder, shoulder, body disconnects, bilateral tussle is together. In the 18 seconds that upgrade in contradiction, wang Lang holds disconnecting beer bottle for many times disclose pricks Li Lei, send Li Lei to get hurt fall down.
The Li Lei after falling down still grips Wang Lang's jacket and hair, wang Lang holds broken beer bottle, with Li Lei tear at is together. After refuse to budge is a short while, li Lei is loose hand, wang Lang rises the abdomen that covers to contain bloodstain goes to bar doorway.
After more than 10 seconds, two people disappear in video. According to judgment account, after Wang Lang restores calm, immediately let a friend dial telephone of 120 emergency treatment. 20:48, personnel of 120 emergency treatment feels the spot, send Li Lei toward hospital cure. Rescue of hospital of people of Jing Jingyang county disables after death.
On December 11, 2017, because Wang Lang is suspected of harming a blame intentionally to be detained by criminal of public security bureau of in relief county of short for the Jinghe River. On June 28, 2018, wang Lang is saved by Shaanxi court decision of court of intermediate people of salty in relief city makes " intended harm blame " , first instance obtains punishment 9 years.
Judgment of first instance of king billow case suffers the person that visit to offer a plan
Controversy: Is intended harm still self-defence?
An eyes that is suspected, a conflict of 5 minutes, li Lei die an unnatural death of 28 years old, wang Lang of 22 years old is thrown into jail. The monitoring video of conflict spot also by fair at numerous.
Be aimed at adjudicative result of Wang Lang, many netizens also expressed his point of view:
Small gain netizen comments on check scheme
To " harm a blame intentionally " qualitative, wang Lang and its parents express to refuse to obey. The account according to first instance judgment, paraclete of king billow first instance is doing self-defence for its put forward when innocent plead, wang Lang falls down in Li Lei of the injured party hind, did not continue to carry out crime, have plot of guilty break down.
Court of first instance maintains finally: Wang Lang falls down in Li Lei hind, its harm behavior intentionally to had been finished and accomplished offense, nonexistent crime break down, reason does not maintain its behavior to form self-defence.
First instance judgment adjudicates result and basis suffer the person that visit to offer a plan
To be being maintained " harm a blame intentionally " another reason, the member that Shaanxi saves people procuratorate procuratorial work (next weighing public prosecutor) say in 2 careful, inside the 18 seconds that contradiction upgrades, li Lei's behavior is slight force only, and defensive action of Wang Lang exceeds necessary limit apparently, it is defense is become too, and have intended harm intention, because this is sentenced " harm a blame intentionally " .
Xu Xin criterion thinks, in the process that provokes Wang Lang in Li Lei, wang Lang already had been shown beg for leniency, dan Lilei still lifts beer bottle to be about to beat up for many times, already had charge apparently Wang Lang is cervical wait for behavior, belong to occurrent pressing illegal enroach on. Look in Xu Xin, the step that Wang Lang takes right now accords with self-defence completely.
Wang Tianci of king billow father also expresses when in accepting, new network reporter is interviewed, do not agree with first instance " intended harm blame " adjudicative result: "I am not clear, it is him (Wang Lang) be provoked to browbeat prevenient, should wait by cruel hit ability to strike back? " Wang Tianci say.
Data chart: Li Hui of reporter of China News Service of top people court is thought of photograph
More resemble " case of mother of disgrace talking about a city " , still resemble " is elder brother hill killed instead case " ?
After this case happening, no matter be check,square, court still is paraclete, make this case and the case that involve defensive right analogy. Among them, "Case of mother of disgrace talking about a city " , " elder brother hill is killed instead case " all be alluded for many times.
Look in Xu Xin, king billow case and " elder brother hill is killed instead case " the place that has a lot of likeness. When Xu Xin is undertaking 2 careful defend, undertook contrast to two case: Yu Haiming grabs chopper instead; Li Lei hands king billow beer bottle, two average per capita are killed to turn over; Next, the victim of two cases all has provoke affray criminal record, conflict happening all also undertakes because of its ride roughshod over provokes the accused person prevenient.
In addition, xu Xin thinks, "Elder brother hill is killed instead case " in, yu Haiming has the action that takes a knife to pursue and attack the injured party even, and Wang Lang stopped attack in time however, should be maintained to be self-defence more.
But to Wang Lang case analogy is " elder brother hill is killed instead case " view, public prosecutor does not approbate: Elder brother hill is killed instead case it is to be in what the case that Yuhaiming is thrown head broken and bleedingly falls to strike back, and king breaker proposal is run-of-mill only be provoked, li Lei just undertook pushing, cite the action such as beer bottle, not be serious and violent attack. And after Wang Lang is apparently one-up, he returns disclose to prick Li Lei. Such viewpoint is apparently wrong.
Actually, refer during first instance of procuratorate of salty in relief city " book of public prosecution opinion " in, check just thinks " case of mother of disgrace talking about a city " the case that cognizance Yu Huan becomes to had defended, provide more to the examination of this case draw lessons from a meaning.
" book of public prosecution opinion " suggest to go up in measurement of penalty, cite " case of mother of disgrace talking about a city " make clear, the consequence of thorn of the method that uses from behavior of illegal enroach on and defensive intensity, both sides, defensive opportunity, disclose, serious consequence that cause reachs case origin to wait for a respect, admit to be become too on joyous defense, in pointing out the court decision of this case is carried out to judicatory, proper understanding and applicable self-defence have draw lessons from a meaning actively.
Accordingly, " book of public prosecution opinion " put forward, wang Lang checks illegal enroach on undertakes striking back is must, but its strike back excessive and apparent exceed constant logic sense, caused should not appear, those who do not have necessary occurrence Li Lei to die is great damage, defense is become too apparently, should grant to assume criminal responsibility.
"Elder brother hill is killed instead case " new video cut pursues in monitoring video exposure
Sound: Have defensive requirement, but not proper of exercise of defensive advantageous position
Whether does king billow exercise defend authority is inside reasonable range? To this, in response of Ruan Qilin of professor of college of Chinese politics and law new network reporter: "Wang Lang undertakes striking back having defensive premise requirement, but the exercise difficult character of defensive advantageous position is appropriate.
Ruan Qilin is analysed, from the fact of video presentation the course looks, li Lei without reason scolds Wang Lang and throw ashtray to king billow body, do not consider dissuade bear down on frequently Wang Lang brawl, pester, push, often raise bottle to be mixed to the king billow companion that dissuades aside other the person that dissuade is minatory. Belong to affray of drunken for no reason, have quality of illegal enroach on, wang Lang is irritated to undertake striking back, have defensive premise requirement roughly.
But does king billow exercise defend whether authority is inside reasonable range? Professor Ruan Qilin thinks, does the specific condition that the key treats this case to send person of illegal enroach on to die abuse self-defence power? In bar this is planted place, encounter the illegal enroach on of drunken affray, make strike back intensely, create dead result, the exercise difficult character of defensive advantageous position is appropriate.
In addition, go up quite in the case, ruan Qilin thinks this case and " elder brother hill is killed instead case " the difference is very big. He explains, in elder brother hill Yuhaiming defends in the case, person of illegal enroach on first successive fist foot atttacks defensive person, then holds a knife to atttack defensive person, achieved force to endanger the degree of person safety, attribute the situation that can carry out special defense to its.
And Li Lei of person of illegal enroach on is in this case bar throws a desk and chair, make for many times be about to hold bottle to atttack attitude, only the operation that pushs Wang Lang, have not achieve violent attack to endanger the degree of person safety badly.
Nowadays, case of distance king billow 2 careful open a court session already went time of nearly 4 months, but this case still was not adjudged. (Be over)
