Self-defence! The little brother holds knife wound elder brother to be turned over to kill check to

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A few days ago, procuratorate of glow riverside county does not bear criminal responsibility with self-defence for, to be suspected of harming the death that send a person intentionally armour makes the guilty suspect Dong Mou of one case be not approved lawfully arrest a decision.

Brief of a case

Dong Mou armour (55 years old) with Dong Mou second (48 years old) department full brother, dong Mou second is maiden, without course of study, live for a long time in home of Dong Mou armour. Dong Mou second often drunken make trouble, but 2 people of brotherly do not have accumulated rancor.

On Feburary 14, 2019 23 when make, come back after wine of Dong Mou second, it is at the door home of armour of Dong Mou of its elder brother, yawp kicks the door, after Dong Mou armour opens the door, in dissuasive second of Dong Mou of its younger brother does not drink again in make trouble process, suffer Dong Mou second beat up. The wife plum of Dong Mou armour is such-and-such rebuke seeing state Dong Mou second, dong Mou second curses: "I can be scolded here, I also kill you, this make you dead. " immediately of Dong Mou second returns Dong Mou shell the lock to be besides the gate, conveniently takes the knife that chop bavin Mei Mou wrist of some right hand is chopped, bear down on again the room of son of daughter of armour of 2 Dong Mou desire do violence. The plum is such-and-such and loud cry for help, dong Mou armour is heard outside house hoe is taken to break front door to be about to enter after crying for help check Dong Mou second, but fail break open, dong Mou armour holds hoe to be circled to back door, before some runs from back door and informing Dong Mou second to already held a knife, right now Mei Mou upstairs is gone to be about to kill the person such as daughter, son-in-law. Dong Mou armour is entered from back door instantly run to mouth of second floor ladder, discover Dong Mou second is taking the knife that chop bavin to be chopped to the door of its daughter son, kick with the foot. Dong Mou second sees Dong Mou armour comes up, threaten " let your predecease " , hold a knife to chop to Dong Mou armour. Situation of Dong Mou armour is urgent under take head of second of hoe stroke Dong Mou, dong Mou second is regressive the knife is held to chop again after two paces to Dong Mou armour, dong Mou armour again the hoe since brandish is bungled in head of Dong Mou second, send Dong Mou second to fall down.

Dong Mou second is during do violence, the daughter of Dong Mou armour calls the police through the mobile phone inside the room. After Dong Mou second falls down, the person such as Dong Mou armour and its daughter son sees the plum is such-and-such blood stream of right hand wrist is more than, send its toward the hospital first then, the ambulance is encountered in road, after Mei Mou some turns to the ambulance to send toward the hospital, dong Mou armour returns second of Dong Mou of the cure in the home together with medical personnel again. Morrow before dawn, dong Mou second disables in hospital classics rescue death.

On Feburary 15, 2019, public security bureau of glow riverside county harms a blame intentionally with be suspected of to Dong Mou armour put on record is investigated, procuratorate of glow riverside county is seasonable assign inquisitor intervenes ahead of schedule, guide public security mechanism to investigate to case discovery field for a short while obtain evidence. On Feburary 22, prefectural public security bureau submits to to approve to prefectural procuratorate arrest. Procuratorate of glow riverside county thinks via examining, case hair that evening Dong Mou second holds the knife that chop bavin to having commit physical assault or murder, dong Mou armour does not suffer enroach on to protect oneself and family, holding second of hoe stroke Dong Mou to send its to die is self-defence, do not bear criminal responsibility. On Feburary 28, procuratorate of glow riverside county is made to Dong Mou armour lawfully do not approve arrest a decision, morrow, public security mechanism releases his.

Law link: " criminal law of People's Republic of China " the 20th

[self-defence] 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.