Law Hai Yisu thinks, "Cyclist " fasten self-defence; "Beautiful arm male " criterion even death would not expiate all his crimes.
1, criminal law sets about what defend indefinitely. Criminal law (amended 2017) the 20th the 1st section provision: 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.
The 2nd regulation: Self-defence exceeds necessary limit to cause apparently great damage, ought to bear criminal responsibility, but ought to be reduced or absolve punishment.
The 3rd regulation: 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.
According to afore-mentioned regulations, the 1st is self-defence, the 2nd is become to had defended, the 3rd is infinite defense.
2, this case attributes infinite defence. Above all, "Beautiful arm male " do violence. Can be clear about from inside video see, at that time, "Cyclist " because red light stops,go up in driveway of blame motor vehicle all right. And " beautiful arm male " person of one number of squares, it is first will " cyclist " electric car procrastinates to from blame motor vehicle forcibly, next, several people rush up in a crowd, surround dozen " cyclist " . "Beautiful arm male " surrounding hit get away to return BMW car to go up, take out a chopper, break off a face to chop at present again to " cyclist " . "Cyclist " the left and right sides dodges. This process explains already adequately, "Beautiful arm male " the fact of do violence.
Next, "Cyclist " those who adopt is defensive action. From " cyclist " angle, at that time the circumstance falls, oneself not only innocent be surrounded to hit by other, and, return somebody to hold chopper to chop kill oneself. Here premise falls, to protect oneself person rights and interests, one grabs the chopper that passes to go up, chop to " beautiful arm male " , accord with criminal law completely the 20th the 3rd section criminal law provision about infinite defense. Accordingly, although " beautiful arm male " be chopped to death, but, "Cyclist " ought not to assume criminal responsibility lawfully.
3, this case does not belong to defense to be become too. Somebody thinks, "Cyclist " behavior, belong to defense to be become too, ought to assume the criminal responsibility that harms the death that send a person intentionally. Law Hai Yisu thinks, this viewpoint cannot hold water. According to criminal law regulation, so-called defense is become too, basically depend on " self-defence exceeds necessary limit to cause apparently great damage " . And this case, "Cyclist " behavior did not exceed necessary limit apparently. Because,this is, "Beautiful arm male " life counterpoises, not prep above " cyclist " life counterpoises. Life power is equal. "Cyclist " when browbeat in life by reality and be in jungle, be forced to take defensive action and cause because of this " beautiful arm male " dead result. If think accordingly, "Cyclist " behavior belongs to defense to be become too, so, criterion as good as at thinking, "Beautiful arm male " life power prep above " cyclist " life counterpoises.
4, " beautiful arm male " even death would not expiate all his crimes. From the point of video, originally this is the tragedy that ought not to happen together. When red light, "Cyclist " stop on blame motor-driven driveway, the travel of car of not cloggy BMW. And BMW car wants to lend blame motor vehicle, its itself does not accord with relevant provision. But, "Beautiful arm male " one party however take advantage of one's power bully people, think " cyclist " hampered their current. Then, after they get off, forcibly will " cyclist " procrastinate to from blame motor vehicle. If also calculated so merely, also won't produce the tragedy later; But, they still not comply not forgive, and group rise and attack. If be bare-handed merely,also calculated, won't produce the tragedy later likewise; The thing arrived such moment, "Beautiful arm male " still do not stop however, from surround dozen of spot, return BMW vehicle personally instead inside, take out chopper, around breaks off a face to chop on to " cyclist " . So far, "Cyclist " the menace that life suffers reality, at this moment, not be you die even if I die.
If -- if,be merely here, if at that time, "Cyclist " did not reave the chopper on the ground, however by " beautiful arm male " again recapture chopper, so, how is the result met? Law Hai Yisu: Devise clever strategies in, over decisive battle court.
