The Opening Account Was Stolen, and the Backhand Recharged 1 Million

Chapter 282 What is justifiable self-defense while stepping on a horse!
The situation is a bit complicated, no one would have thought that Xia Dongfang would do it again after pushing people away!
Not to mention other people, even Zhou who was next to Fang Dazhuang was shocked by this situation.

This guy keeps saying that his daughter is very important, but your behavior is because you want your daughter to go in, right?

Don't talk about other things, if the other party can still mediate with just your slap, it can only show that this guy is suitable to go to Notre Dame to ring the bell.

After beating up people, Xia Dongfang wasn't afraid at all. He was a gangster who got into trouble every day and had a lot of problems. In fact, in this kind of matter, he knew the boundaries of law enforcement better than many people.

As long as the opponent fights back, it's useless to call the police even if it's a proper fight.

And he doesn't think the other party will fight back, because fighting back is actually very easy to define. If someone slaps you, if you feel that you are not angry and push the other party, it can be regarded as fighting back, and that is also fighting.

However, what Xia Dongfang didn't expect was that the Bodhisattva brother on the opposite side didn't fight back at all. Instead, he started to back up, saying, "Okay, you can do it, I'll call the police now, and I'll tell you, mediate the other Think about it, your daughter will go to jail as she wants!"

Why do you talk about eradicating evil all day long, because this kind of person is really disgusting!

It can be said that normal people want to live a good life, but there are always some people who can find trouble there without drinking, let alone drinking.

But Brother Bodhisattva can probably guess the reason this time, the other party has a strong smell of alcohol, this is drinking at noon, he is really talented.

So, let's live a good life, this kind of local hooligans come up to pick trouble, and we don't know how to fight back when it's over, we fight each other if we make a little move, big and small, you can tell who will feel comfortable.

The feeling of being provoked is really angry!
But Brother Bodhisattva is really sober now, because Fang Dazhuang really knows how to say a lot of torture methods after drinking.

For example, the self-defense that makes many people elusive!

What is justifiable self-defense, how to define justifiable self-defense, and what is the standard of justifiable self-defense?

In this regard, I have to mention Brother Long again. Although he is dead, he still lives in the hearts of legal scholars.

There is no more classic case-by-case interpretation than that. The case clearly states what kind of behavior the first knife belongs to. This is justifiable self-defense!
After getting drunk that time, Fang Dazhuang almost tore apart the "Guiding Opinions on Applying the Justifiable Defense System" issued by the "Two Highs and One Department" and explained clearly.

Of course, there must be a premise. Try to fix the evidence as much as possible. Monitoring is the best. If there is no monitoring, then you must pay attention to it. The evidence must be accurate and sufficient!

If it is just to clarify self-defense, then Fang Dazhuang is no longer Fang Dazhuang, and you can call any lawyer to make it clear.

And Fang Dazhuang made it clear how to try his best to fight back against others while protecting himself, but without breaking the law.

In human terms, if you dare to provoke trouble, I can send you to the hospital within the legal scope, and you may have to go in after it is over, but I am fine.

This is the difference between Fang Dazhuang and ordinary lawyers after encountering problems!

Why can you pick things up at will, swear and beat people at will, I don't want to be defined as a mutual fight, I will either run away, or you will beat me with my head in my arms.

It's even more troublesome if it's not even a minor injury, because if you want to sue, you won't even be able to find the other party.

Why do many gangsters run away after beating people, because the relevant departments will not intervene in purely civil acts.

The research on justifiable defense has run through Fang Daxiang's practice career, and he even started researching it when he was still in college, how can he fight back within the legal scope!

Just to clarify, this has nothing to do with Fang Dazhuang being very good at fighting.

Oh yes, Fang Dazhuang's undergraduate thesis is this thing...

At that time, it was considered deviant and was almost rejected by the teacher.

Coupled with all kinds of publicity that if you win a battle, you will go to jail and if you lose, you will go to a hospital. It will always make people feel that good people should be wronged.

Why do others pick quarrels and make troubles, and they are still so arrogant after the end, just because we obey the law and we are good people?

No, this is not right. Fang Dazhuang felt that it would be good to come out to mess around... out in the society, where everyone knows more about criminal law.

Not only Brother Bodhisattva, but also Zhou Yi and Zhou Xinran listened very carefully at that time. Fang Dazhuang would not talk too much about such a "very punishing" topic, but once he drank too much and started talking, he would not stop.

Seeing that Brother Bodhisattva began to retreat, Fang Dazhuang, who was planning to stand up, sat down again, and by the way, Zhou Yi, who had stood up and was about to go up to help, also sat down.

"Fang Dazhuang, is this... justifiable self-defense?" Zhou Yi asked subconsciously, he felt a bit like it.

Fang Dazhang smiled and didn't speak, just raised his legs, and began to hum the classic song again: "I sat on the tower to watch the scenery, and I heard the chaos outside the city..."

Zhou Yi also laughed, and continued to sit there and watch the play. Having said that, today, I probably want to let others know what is self-defense.

Brother Bodhisattva backed away and said those words. Here he has to abide by another point, because there is a point in the guidance that deliberately provoking the other party to harm oneself with words, behaviors, etc., and then counterattacking is not considered a legitimate defense!

So here is another point to keep in mind, don't deliberately provoke others, what Brother Bodhisattva said just now has a deep meaning, and what he showed is an impulsive young man.

You see, you came to me for mediation, I saw you too, and then you hit me, then I said I would definitely not accept your mediation, this is a very smooth logical behavior.

But in law, it doesn't say that you are on the first floor, and you think he is on the second floor, but he is actually on the third floor. Whether it is intentional or subjective, it needs to be determined comprehensively.

Obviously, Xia Dongfang on the opposite side really didn't know where the nameless anger came from at the moment. After hearing Brother Bodhisattva's words, he scolded there: "Okay, don't mediate, right? I will kill you by riding a horse!"

And this time, he was probably worried that the other party would also make a move, so he directly picked up the coffee chair next to him, flung his arms and smashed it over!

Of course, he didn't really beat him to death. This chair is just a plastic chair, and it hurts for a while when it hits him. He has experience in this matter, and it doesn't even count as a minor injury.

Xia Dongfang's wife yelled "stop beating" from behind.

However, no one paid any attention to him. People around were watching the excitement. Some people wanted to step forward to persuade him to fight, but it was easy to be accidentally injured by going up at this time.

So I thought about finishing this round and then playing again.

Seeing this scene, Fang Dazang who was sitting behind felt wrong, but he was too far away, and subconsciously said: "It's over, is this guy really imitating me?"

After talking about the very criminal topic, he took advantage of the wine and talked about what he would do when he encountered these things.

In the end, I didn’t expect this guy to imitate himself directly. Just kidding, he used himself as an example. How about you, an author with a weak body, learn from me?

Forget it, Fang Dazhuang had already pulled out his notebook in advance, and made a tick on it. Although he didn't meet the most classic basis of self-defense, he could make do with it.

In his eyes, the most classic self-defense should be that he is unscathed, the other party enters the hospital, and after the other party is discharged from the hospital, he has to enter the game. That is the most classic!
Bad guys should be pointed at guns!

Brother Bodhisattva had already noticed that he couldn't dodge, so he could barely protect his head with his right hand, and at the same time raised his foot, kicking towards the opponent's lower abdomen.

Of course, this kick may have missed the target, or Brother Bodhisattva may have adjusted the angle a little lower. In short, this kick is full of strength, which can almost be said to be desperate strength.

As for the location, it's a little awkward.

For an obviously minor unlawful infringement, if the perpetrator directly uses a method sufficient to cause serious injury or death to stop a person under identifiable circumstances, it should not be determined as a defensive act.

Of course you can’t kick like this at first, because a slap is nothing. You can’t just kick someone’s vital parts just because they slap you, that’s definitely not okay.

But you said you wanted to kill me, and you took a chair and shot at my head (shoulder), then I can think that you want my life, and of course I can really fight back!
boom!Accompanied by two loud noises, the two men lay on the ground at the same time and began to scream.

Xia Dongfang's entire body turned into a bow shape, his legs were clamped tightly, and the screams from his mouth made the men around him terrified. It was normal for the egg to break when he kicked it down.

Brother Bodhisattva was also screaming, and got a solid blow on his arm, but it was a bit unexpected... It didn't hurt too much, I thought it might break his arm this time.

But... if it doesn't hurt, it doesn't hurt, this time is the time to show off your acting skills, Brother Bodhisattva lay there and wailed, and the tears flowed so fast.

At this time, Fang Dazhuang and Zhou Yi came to Brother Bodhisattva as quickly as possible, and then extremely worried expressions appeared on their faces at the same time.

"Xiao Wang, are you okay? Hurry up and call the police, there are 120, hurry up!"

After finishing speaking, the two men looked at each other, and they both saw what the other was going to say: Yandi.

Outside, Liu Hongxia and Lao Meng looked at each other and lowered their heads. She was still thinking about talking, and now everyone is going to the hospital.

Because it happened in a downtown area, and it was said that two people were about to enter the hospital, the police station dispatched the police very quickly.

It's just that the eye circles of many comrades are a bit dark, as if they have stayed up too late, and they don't know what's going on.

Both were sent to the hospital by ambulance, and the comrades at the police station began to investigate.

"So, this guy named Xia Dongfang came here today to mediate with Wang Yanhao? Then why would he beat someone?" The old police officer Xiang said with a speechless expression.

To be reasonable, as a senior policeman, he is well-informed, and he doesn't see much about this situation.

It seems that in the process of pleading for forgiveness, there are really not many hands-on actions, at least he has only seen it a few times.

As for the name Wang Yanhao, no need to introduce, everyone is very familiar with him recently, because of him, not to mention the criminal police, even the policemen like them have been dispatched to arrest people.

Why do you think these eye circles are dark?

"It seems that the two sides have talked before, but they didn't reach an agreement. Then Xia Dongfang drank again today, and then started fighting." Standing in front of Lao Xiang, Zhou said honestly.

Lao Xiang nodded and didn't speak. With surveillance and so many witnesses around, it doesn't matter what Xia Dongfang thinks. What is certain is that he must have done something.

And at the beginning of slapping the opponent, the opponent kept retreating and wanted to leave.

This is an important point!
Why do many people think it is a legitimate defense, but later it is characterized as a fight, it is very simple, the other party slaps you, and you slap back when it is over.

Then you are not doing it out of "defense".

Keep in mind that the last two words of legitimate defense are defense, and you must act for the purpose of defense, not revenge.

This is why it is easy to have a "good guy wronged" situation.

Lao Xiang went to adjust the monitoring, and the monitoring of this cafe can be adjusted directly at the front desk, and he quickly saw the previous situation.

"This person... Forget it, people who drink too much can do anything."

After watching the video, Lao Xiang knew that this man surnamed Xia was really a little seriously ill, but he frowned at the young man's kick at the end.

Although the body of the code word code is weak, Brother Bodhisattva is a young man after all, and that kick is really heavy.

Of course, this kick was really heavy, at least it can be seen from Xia Dongfang's wife's crying now.

"Comrade, comrade, my house in the east...the whole place has been beaten up and there is a problem. The doctor said that an operation is needed. It is very serious, very serious!"

It was Xia Dongfang's wife who came directly to Lao Xiang who had just arrived at the hospital after learning about her husband's injury from the doctor.

He has already adjusted the monitoring at the cafe, asked witnesses about the situation, and has a solid understanding of the whole incident.

However, it is not up to him to decide how to deal with specific cases. All he can do is to collect as much evidence as possible.

For example, the injuries of the two.

Now when I got to the hospital, I was entangled.

Lao Xiang could only say: "There are regulations on what criteria the specific injury meets, but please rest assured that the law will not let a bad person go, but it will not wrong a good person either."

Xia Dongfang's wife couldn't stop crying.

That part of a man is the most important part of the vitals. Even if you do not force it hard, it will definitely make the other party hurt for a long time. This is a young guy who kicked hard, and the situation... tsk tsk.

So now Xia Dongfang's wife has only one idea, she must let that kid go to jail!

Old Xiang had a headache from being told that he was trying to explain the current situation and could not make a decision, but the other party didn't listen at all, and kept saying that the person surnamed Wang must go to jail.

As a result, at this moment, the doctor came out.

Seeing the doctor, Lao Xiang hurried up to ask.

"Hey, hello, I want to ask, how is that Wang Yanhao's injury?"

"That young man? There's nothing serious about him. It's just that the arm was cut open by the plastic chair. It's a little long, about two centimeters, but it's not very deep, and then there is damage to the arm joint."

What?Xia Dongfang's wife blew up when she heard that Wang Yanhao was fine.

"Comrade, comrade, look, he's fine, are you not arresting him? He's beaten up my Lao Xia. My Lao Xia is still undergoing surgery, and he hasn't even paid for the medical expenses!"

"Comrade, this has to be unreasonable. He must first pay for our medical expenses!"

Lao Xiang looked at the other party and said nothing. He really didn't want to talk to this woman now.

He just looked at the doctor and said, "Then please report to me the injuries of the two of you, I need to take them back."

Whether intentional injury should be sentenced or not generally depends on the severity of the injury. Normally, only minor injuries will involve the crime of intentional injury.

The doctor was very fast, and it didn't take long to report the injury to Lao Xiang, so Lao Xiang hurried back to the institute. He felt that the current leaders of the institute, or the leaders above, definitely needed this thing.

Lao Xiang was right. At this time, the leaders of the relevant parties have already had disputes over this case.

The crux of the controversy is whether Wang Yanhao's behavior is justifiable self-defense!

Some people think that it is not justifiable self-defense, and the reason is very simple. We all know that the identification of justifiable self-defense is extremely strict. It can even be said that there are very few people who are directly recognized as justifiable self-defense.

So under such circumstances, it is best for them to arrest the person first, and then wait for the approval of the procuratorate and the court.

But some people disagree.

"I don't know what you are hesitating about. This is a typical self-defense. Look here!"

He pointed to the retreating figure of Wang Yanhao in the surveillance video and said: "He is obviously not planning to conflict with the other party here, that is to say, it can be concluded that Xia Dongfang's pursuit at this time can actually be regarded as a violation of Wang Yanhao's personal rights." threat!"

"Then, he swung the chair again, and the opponent was forced to fight back in this situation. I think this is a typical self-defense."

Theoretically speaking, both the courts, procuratorates and public security organs can recognize legitimate self-defense.

But in practice, they are rarely encountered, and many of them are justifiable defense judgments made by the courts.

So under such circumstances, it is really difficult for the public security organs to directly make a decision not to file a case, because it involves various issues.

Soon, Lao Xiang came back and brought back the injury report.

More people supported filing the case.

The reason is also very simple, because in this case, Wang Yanhao suffered almost minor injuries.

But Xia Dongfang was different, it was okay to treat a serious injury as a minor injury.

It's just difficult to deal with, because from any aspect, there is nothing wrong with Wang Yanhao's behavior.

Yes, his counterattack seems to be a bit heavier, but similarly, it is also included in the guidance of the two high schools and one department, "Consider the circumstances of the case comprehensively, especially the degree of fault of the unlawful infringer, the severity of the unlawful infringement, and the defense. Panic, nervousness and other psychology of violations, to ensure appropriate and fair penalties”!
What does this mean? A defender is not a robot in the face of illegal infringement. He will panic and be nervous. At that critical moment, it is impossible to say that he should think about defending appropriately according to the degree of infringement of the opponent. This is impossible. .

The law is dead, but people are alive, and specific cases need to be analyzed in detail.

I can't kick you in the crotch with a slap, but you are already hitting me with a chair. I can't possibly have to consider the force of the chair in your hand and the direction of the wind to control the strength of my counterattack. impossible.

Because people are just people, not robots.

So it was very difficult to handle. Everyone expressed their views, and finally, after the discussion at the meeting, there was a result.

It is determined to be self-defense, and the case will not be filed!

Of course, it was already late at night after the decision was made, so it hasn't been delivered yet.

In the hospital, brother Bodhisattva's parents are taking care of him. They say that there is no need to take care of him. The injury is nothing at all, just pay attention to it.

He is very nervous now. He used to do it according to Fang Dazhuang's instructions, but after Xia Dongfang's wife came to make a fuss, he knew that the consequences of that kick were very serious.

Now in the society, there is no quarrel and no work is done, so he is very afraid. If Xia Dongfang's wife goes to make trouble, what should he do? He won't go to jail.

Fortunately, Fang Dazhuang comforted him, don't worry, even if the public security organ files a criminal case, the procuratorate and the court will have trouble with it.

This is not the past. After these years of discussion, the standard of self-defense has been discussed from top to bottom, because everyone wants to know what steps we can take in the face of illegal infringement!
The guidance of the two high schools and one school came out under such circumstances.

Fang Dazhuang has always followed the trend in doing things, and the rule of law is indeed improving. It is really hard to be sure about this when he was in school, but it is different now.

On the other side, Xia Dongfang's surgery had already ended, he was really miserable, his wife was taking care of him right now, and after the anesthesia wore off, he kept making noises of pain.

"Don't worry, Lao Xia, I've already reported the crime, that kid surnamed Wang will definitely go to jail!"

Xia Dongfang forcibly endured the pain and said, "If he begs us for forgiveness, we don't need money, as long as he accepts Xiaoyan's mediation."

I have not forgotten this matter.

Everyone else on the ward is aware of the situation by now.

After being quarreled by a woman all night, everyone will know what happened.

Now the eyes of this couple are not quite right, and everyone feels that they are playing well!

In fact, many people in life are good people. For those who take the initiative to provoke troubles, they really want to let them receive a good education.

Is it not good to live?Why do you have to pick things up, eat when you eat, drink a little wine and don't know your last name?

In such an atmosphere, Lao Xiang's figure appeared at the door of the ward.

Seeing Lao Xiang appear, Xia Dongfang's wife hurriedly stepped forward and said, "Comrade, you counted it here, why hasn't that man surnamed Wang been arrested yet?"

Old Xiang coughed and said, "Ms. Yu, I have to tell you, hey Wang Yanhao, come here too, now the matter with you has come to an end."

But Lao Xiang caught Wang Yanhao walking in the hospital corridor at a glance. This guy can already run around.

Brother Bodhisattva became nervous when he saw the police, but he still walked over.

"Okay, you are all here now, and Xia Dongfang is also listening. Let me inform you about the case that happened in the cafe. Xia Dongfang provoked trouble because of the failure of mediation, causing Wang Yanhao's arm to be slightly injured. Here You are responsible for indemnifying the other party for the relevant expenses.”

"Otherwise you will be sentenced to fifteen days of administrative detention and fined!"

Minor injuries do not meet the criminal standard.

But you have to deal with minor injuries by yourself, preferably through mediation, otherwise you will have to be imprisoned for a few days.

Xia Dongfang didn't speak, he knew the situation, and his wife continued to ask: "Comrade, what about him? He beat my husband like this, isn't this considered intentional harm?"

Xia Dongfang struck first, and he did injure the opponent, so there is really nothing to say about this.

The main thing is to see if the other party will go in.

Lao Xiang shook his head, took out the decision letter and said: "Ms. Yu, I will also inform you now that Wang Yanhao's intentional injury reported by you has been investigated by the sub-bureau and determined that his behavior meets the standard of self-defense!"

"Therefore, the sub-bureau decided not to file a case!"

Hearing this, Wang Yanhao's nervousness disappeared suddenly, and a smile appeared on his face.

Fang Dazhuang really is Fang Dazhuang, it seems that he must learn more about criminal law in the future.

What?Not to file a case?

Xia Dongfang, who was on the hospital bed, felt pain in his heart when he heard this, and his wife yelled over there: "It's not what's wrong with you, it's just self-defense, my old Xia has been injured like this justifiable defense?"

"Which law stipulates that beating people like this is justifiable self-defense!"

Seeing that the other party was very excited, Lao Xiang said: "Ms. Yu, don't get excited. Your attitude is not an attitude to solve problems. I want to explain it to you now."

"Look at the decision letter. Your husband first pushed and then slapped the other party. At this time, the other party has already started to retreat."

"Then it can be considered that at this time the other party has the intention of avoiding the fight. However, just because the other party said that he would not accept mediation, after your husband cursed at the other party to kill him, he swung his chair and threw it over!"

"In this case, the other party can consider it a threat to their own personal safety, so it is normal and necessary to take counterattacks under such circumstances!"

Lao Xiang was trying to explain, but his explanation was interrupted before he finished.

"Why is it necessary? He can kick my husband like this if he has to? He just deliberately went to useless people. Is this still self-defense?"

Xia Dongfang's wife felt that she couldn't understand, he was fine, my husband was injured like this, and then you told me that he was self-defense and didn't need to take responsibility.

And we have to compensate him for related expenses?
Is there still a king's law, is there still a law?

　Today's sleep aid chapter, the case is true, but in reality it is the court's judgment of self-defense, with only a little processing.

　　Thanks to naihe, Ivan Braginsky, JDHSUF, the crazy Shunfeng fairy, the idiot brother, Qin Shimingyue brother, splash ink painting Danqing, fat cat story brother, manic single dog, another novice brother, Dick, book friends 2022, big brother black and white gray tone, blue axis monthly reading, cut-off disciple, wife, autistic Shuo Shuo, soul in the box, thank you brothers for your rewards, thank you
　　
　
(End of this chapter)