The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 180 Do You Understand This Is Covering Up? !
If one's side has not been harmed before...

Doing something to the other party, causing serious injury or death to the other party, does not belong to the category of self-defense.

It belongs to pre-defense.

In law, pre-defense refers to the implementation of defense against unlawful infringements that have not yet begun. It is a situation where the defense is not timely and does not meet the conditions of legitimate defense, so it is classified as excessive defense.

For example.

Zhang San saw a man walking towards him holding a fruit knife on the road.

Zhang San, who has always adhered to the principle of striking first, made a decisive move.

He drew his pistol and killed the man with one shot.

Not to mention the crime of illegal possession of firearms and ammunition.

Zhang San's behavior is an advance defense, which is an obvious excessive defense.

Also.

There is also a hypothetical defense.

In law, imaginary defense refers to the behavior in which the perpetrator mistakenly believes that there is an illegal infringement due to a mistake in subjective understanding, and the result of the defensive behavior is to cause damage.

It also stipulates that for hypothetical defense, it should be dealt with according to the principle of misunderstanding. If there is a fault, it will be regarded as a negligence, and if there is no fault, it will be regarded as an accident.

That is, Zhang San is walking on the road.

I saw a man with a ferocious appearance and a ferocious face.

Suspected that he was going to do something to himself.

make a prompt decision.

Killed the opponent with one shot.

turn out……

The other party is just born fierce, usually gentle and kind-hearted.

This is hypothetical defense, and it is also a kind of excessive defense.

In fact.

The relevant provisions of justifiable defense have always been controversial.

Has been criticized.

Because many times...

If you face the gangsters yourself, if you have been violated, you will most likely lose your ability to resist.

And if you have not been violated, you cannot do anything to the other party.

however.

In many cases, ordinary people who have been violated illegally cannot keep calm.

When you want to resist, you will often make drastic moves.

No consideration is taken at all whether the wrongful infringement is in progress or not.

Fortunately, this case...

clearly meet this requirement.

These four people worked their hands up and down all the time, and there were obvious indecent acts, which violated the right to freedom of person and property.

Unlawful infringement does exist.

"The third point is that the target of legitimate defense must be the unlawful infringer."

Qin Mu then opened his mouth and began to analyze: "In this case, only four people were injured, and they were all illegal offenders."

This is also very important.

It is to prevent the revenge mentality of blood debt from expanding the situation.

For example.

On the way home, Zhang San was robbed by four people.

Three of them drew their knives.

A man is on the lookout.

As a result, Zhang San took out his gun, "slapped", and killed the robber with three shots.

The other person was stunned.

Turn around and run.

But Zhang San, who had always adhered to the principle of "cutting the weeds but not the roots, spring wind blows and regenerates", did not hesitate at all, and killed the fourth person as well.

Later, I thought about doing one thing and doing the other.

He simply found the family members of the four people, and killed all the family members, including chickens, dogs, cattle and sheep.

Not even the cockroaches in the yard were spared.

The violations committed by the first three persons are in progress.

And the fourth person, and the family members of the four...

It is an obvious psychological crime of revenge.

It cannot be self-defense.

"Fourth point, justifiable defense specifically refers to the act of causing damage to the illegal infringer when he takes the act of stopping the illegal infringement."

This element limits the scope of justifiable self-defense.

The purpose of the act...

It must be to prevent unlawful infringement.

for example.

On his way home, Zhang San saw someone molesting a woman.

The woman was powerless to resist.

Zhang San was angry at that time.

He scolded, took out his gun, and killed the other party.

Put yourself on.

Such behavior……

It cannot constitute legitimate defense.

Although he prevented the illegal infringement, his purpose was not to stop the behavior, but to benefit himself.

Did not protect the lives and property of others.

It belongs to the obvious black eating black.

"Fifth point, the act of self-defense... cannot exceed the limit."

Speaking of it.

Qin Mu frowned.

In this marriage case...

The illegal infringement is indeed going on, and the first four elements are fully met, all of which are to stop the illegal infringement from happening, and the illegal infringement is ongoing.

However, the fifth element requires that legitimate self-defense should not exceed the limit.

If the act of illegal infringement can be stopped by injuring the unlawful infringer, then the unlawful infringer cannot be maimed.

If the act of illegal infringement can be stopped by beating and maiming the unlawful infringer, then the unlawful infringer cannot be beaten to death.

And the behavior of the bridesmaids...

Clearly exceeded the normal limits stipulated by law.

Coupled with the particularity of the case, it belongs to the scene of a wedding scene, with a folk nature.

The illegality of the other party is far less direct and vicious.

"But...Xiaolan kept telling them to stop, but they didn't stop, and we couldn't persuade them, so Xiaolan took out a jackknife to defend..."

When the bride Peng Songyue heard the words, she couldn't help but defend herself.

She witnessed the whole scene at that time.

There are many people who are getting married have seen it.

The four people who were killed and three injured...

It's just the closest group of people who are getting married.

There are still many people who worked hard and escaped unharmed.

"The other three people were only injured. This is classified as self-defense. There is no problem, and there is no need to bear criminal responsibility for the crime of intentional injury."

Qin Mu nodded, and continued, "But the person who died... the situation is more complicated."

Once dead...

It involves the issue of excessive defense in legitimate defense.

However, excessive defense can only reduce criminal responsibility, and the criminal responsibility that should be borne should still be borne.

"Isn't that still going to jail?"

When everyone heard this, their mood sank again.

The atmosphere was extremely depressing.

There was a murder case, no matter how you look at it, you can't escape the overdefense.

Although they are rural.

But I have also heard of many lawsuits on the Internet, all of which were caused by excessive defense and death.

Then sentencing and stuff like that.

"Actually, in the criminal law, apart from justifiable self-defense... there is also a special case of self-defense."

Qin Mu looked at the crowd.

He uttered a law that no one has heard much about.

"Unlimited defense?"

After hearing this, everyone showed doubts and incomprehension.

Even Song Tiancheng, Zhang Qingyuan, and Li Weiguo were at a loss.

since this time.

They boasted that they also learned a lot of law from Qin Mu.

But I still haven't heard of this unlimited defense right.

Qin Mu smiled, and explained, "It's normal that you haven't heard of it. The main reason is that this law has existed in name only for a long time."

The unlimited right of defense has been established for a long time.

but……

In most real-life incidents, the sentence was excessive defense.

Only a handful of more than a dozen cases have been sentenced to unlimited defense rights.

One of the most famous cases...

It was in a dormitory building where a man tried to break into the room and molested him, but an adult woman strongly resisted.

in a fight.

The adult woman successfully counter-killed the man.

In the end, the court ruled that the woman had exercised the unlimited right of defense, had no criminal responsibility, and was not liable for civil compensation.

however……

In actual judicial practice, there are too few courts that dare to take responsibility and make judgments.

For such incidents, the ideal state is to judge according to the ready-made fixed template.

Sentenced to imprisonment within three years, suspended execution, plus civil compensation.

Of course there is no need to go to jail.

But the criminal record has been left behind.

And the muddy penalty method, trying to balance a bowl of water.

"The Criminal Law clearly stipulates that the unlimited right of defense refers to the use of defensive behavior against ongoing violent crimes such as assault, murder, robbery, kidnapping, and other violent crimes that seriously endanger personal safety, causing casualties to unlawful infringers. criminal responsibility."

Subsequently.

Qin Mu explained the unlimited right of defense to everyone.

This power belongs to every citizen.

Anyone can be factual.

When encountering a crime, not the person concerned can fight back, even passers-by can act bravely and draw their swords to help.

For example.

On the way home, Zhang San encountered someone beating a woman in a store, causing serious injury.

Immediately flew into a rage.

Draw your gun immediately.

Kill all nine besiegers.

This is in line with the scope of the unlimited right of defense, without the need to bear criminal responsibility.

of course.

It is impossible to escape the crime of illegal possession of guns and ammunition.

The unlimited right of defense also has several elements.

First of all.

The target must be a violent crime.

If it is not a violent crime, a violent counterattack with violence to control violence cannot be implemented.

Second.

Violent crime needs to be going on.

For example, Zhang San was on his way home and saw a group of men beating a woman in a store.

But when it arrived.

The siege is over.

The nine people who committed violent crimes have beaten enough and do not plan to fight any more.

But Zhang Sanyi was filled with indignation, and the road was uneven.

Draw your gun now.

To avenge the woman, all nine people were killed.

This behavior cannot be judged as a legitimate implementation of the unlimited right of defense.

Third, the target of unlimited defense rights must also be the perpetrators of violent crimes.

Fourth, there is another subjective condition for the unlimited right of defense, the purpose is defense.

The above few...

All are to limit the excessive implementation of the unlimited right of defense.

Because this power is an "extrajudicial right" given to every citizen by the criminal law.

Killing people in ordinary times needs to be severely punished.

But with the help of unlimited defense rights, you can kill and set fire, and you can do anything.

And not responsible.

"Then...is marriage trouble considered a violent crime?"

The bride and groom swallowed, a glimmer of hope lit up in their eyes.

Listening to Qin Mu's analysis for so long.

They have already deeply felt Qin Mu's expertise in this area, and they couldn't help but trust him a little more.

The key to whether the unlimited right of defense can be applied...

It also depends on whether the marriage is considered a violent crime.

"In this case...you need to look at the defense of your own lawyer."

Qin Mu took a deep breath and said in a deep voice.

judicial interpretation.

This type of violent crime is clearly explained and classified into three categories.

One is murder, the other is murder, robbery, kidnapping, and the third is other acts that seriously endanger personal safety.

Marriage does not belong to the first and second cases.

But as long as the behavior of getting married...

If it is determined to be other acts that seriously endanger personal safety, it can be judged as the legitimate implementation of the unlimited right of defense.

"Can you describe to me the scene at that time?"

Qin Mu thought for a while and asked again.

Chen Zishi and Peng Songyue looked at each other.

Quickly said: "There was a camera at the time, and the video was taken."

Subsequently.

The two quickly called the videographer and retrieved the video from the camera.

Handed it to Qin Mu.

Qin Mu's expression lit up, and he couldn't help showing joy.

If there is a video, it will be of great help to the lawsuit.

Followed by.

He held the camera and looked at it seriously.

The wedding video lasted 10 minutes.

Ever since everyone entered the backyard to have a wedding, the guests have been booing.

Talk about all kinds of nasty jokes.

The bridesmaids blushed, obviously never seeing such a battle.

Then go on.

Everyone simply played a few games.

Suddenly someone proposed to interact closely with the bridesmaids and make trouble with the bridesmaids.

First lift up the bridesmaids, throw them into the sky, and then continue.

The startled bridesmaid screamed again and again.

Then the crowd huddled together again.

Surround the groomsmen and bridesmaids.

Taking advantage of the chaos, one after another salty trotters appeared.

Some touch their legs, some hit their chests.

At first, the bridesmaids thought it was just a simple physical collision and didn't pay much attention to it.

But gradually...

Going overboard.

More and more people tear clothes and touch sensitive parts.

Laughter filled the backyard.

Several bridesmaids cried and said they couldn't play anymore.

But the addicted people ignored it and pretended not to hear it.

Get started.

The bridesmaids tried to resist, but couldn't push.

I suffered all kinds of losses.

Among them, the bridesmaid named Xiaolan was the bravest and stepped forward several times, trying to rescue the other bridesmaids.

Finally, it was focused on.

The other bridesmaids escaped, and she was surrounded by a dozen people.

Continuing with all kinds of border violations.

finally.

She took out the folding knife she carried with her, and stabbed wildly with her eyes closed.

Resulting in one death and three injuries.

Two 10 minutes later.

Qin Mu, Zhang Qingyuan and the others watched the whole video with unnatural expressions.

These people...

It was indeed too much trouble.

It's completely a matter of making trouble on the pretext of marriage, and it's the reality of hooliganism.

"Qin... Uncle Qin, how about this? Can it be judged as a violent crime?"

Peng Songyue was extremely nervous and asked questions quickly.

Qin Mu hasn't spoken yet.

Zhang Qingyuan and the others kept their faces straight and snorted coldly: "Of course!"

"If this is not a violent crime, then what is it? In our time, people in the whole village would come and smoke them!"

"Yes, it's a pity that the crime of hooliganism is gone, otherwise this group of people will all be shot!"

"There were no such troubled marriages in our village before. How can we tear clothes with hands and feet?"

"To put it bluntly, that person definitely deserves death!"

"..."

The three of them also watched the video and looked very angry.

Didn't watch the video.

They can't imagine how bad things are.

After watching the video, their blood pressure all rose.

So many people bullying a bridesmaid...

It is not too much to say that it is a crime to tear clothes and touch legs.

"Strictly speaking, this can be judged as a violent crime."

After thinking for a while, Qin Mu also nodded: "The other party's behavior is very bad. Molesting women in public has already constituted the crime of molestation and is a crime."

According to Article 230 of the "Criminal Law", the crime of indecency refers to the act of compulsively molesting others or insulting women by violence, coercion or other methods, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Also.

Molestation can occur between men and women, or between the same sex, but only molestation of women and children constitutes the crime stipulated in this article.

Obscene women refer to behaviors such as picking, licking, kissing, and hugging women.

The behavior of the people who got married in the video has clearly constituted this crime.

Whoever commits this crime, if the circumstances are minor, shall be sentenced to five years in prison or criminal detention.

And in the judicial interpretation.

Whoever molests another person in a bad manner, or gathers a crowd to moleste another person in a public place, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 15 years.

"The other party gathered more than a dozen people in the wedding venue and publicly molested her. The sentencing range is more than five years and less than 15 years."

Qin Mu looked at Peng Songyue, and said seriously: "This matter meets the standard of a violent crime. As long as the lawyer is not too aggressive...they can win a verdict of not guilty, and even countersued in court, prosecuting the other party for obscenity."

The voice just fell.

The entire backyard suddenly became silent.

Qin Mu's analysis...

Let the situation suddenly reversed.

Obviously they were the ones who wanted to worry about the defendant and go to jail, but now they became each other.

and.

The dozen or so people who got married this time may have committed the crime of obscenity, and it is said that they will go to jail.

Including the four people who were killed and four injured.

"Qin... Uncle Qin, is what you said true or false?"

Chen Zishi's father swallowed and couldn't help asking.

"Of course it's true. When has Xiao Qin ever bluffed?"

Song Tiancheng snorted coldly, and said with his head held high: "You have been in the country all the time, and you have never heard of Xiao Qin's name. Go to the city to inquire, who doesn't know him?"

"The number of people he sent in was not [-], but [-]. If they can get in, they will definitely be able to get in!"

talking and talking.

He does it on a whim.

He recounted all the things Qin Mu had done in Jincheng.

Everyone who listened was stunned.

every thing sounds...

They are all outrageous.

"So call the police now."

The corner of Qin Mu's mouth twitched, interrupting Song Tiancheng.

in countryside.

Sometimes villager power will take over.

Even the grassroots police stations have only set up agencies in the town.

Townships and villages do not exist.

This also led to the existence of village tyrants.

The population in the village is prosperous, and the stronger it is, the more voice it can occupy.

"Okay, I'll call now."

Chen Zishi swallowed, and took out his cell phone.

Called the police.

Just got off the phone.

Beyond the backyard.

The villagers who participated in the banquet started making noise again.

"Will you hand it over? Song Yun, this is your territory. We will show you face. If you don't hand over the murderer again, don't blame us for smashing the door!"

"That bridesmaid killed one person and stabbed three people, did she think she escaped?"

"Yes, if you don't open the door again, believe it or not, we will call the police?!"

"Hurry up and let her come out, and give our four families an explanation. My son was just getting married, so why was she stabbed him seriously?"

"..."

There was a knock on the backyard door.

The formation is very scary.

Listening to the sound, more and more people gathered outside the door.

Most of them were relatives and neighbors of those four people.

After hearing about the accident, they were all called to help out.

Listening to the shouts of the people outside, Song Yun gritted his teeth.

He glanced at Qin Mu.

Simply put your mind to one side, and snorted coldly: "Don't open the door, wait for the police to come!"

Things got to this bottom.

He was worried that if he opened the door, the bridesmaid would inevitably have something wrong.

The folk customs of their village can never be called simple.

in contrast.

Also very sturdy.

When a family is in trouble, support from all directions is common.

Qin Mu nodded, and simply waited patiently in the backyard.

Afternoon fishing plan...

It is estimated that it will be ruined.

Now we have to wait for the arrival of the police before the violent scenes of the villagers can be calmed down.

"Qin Uncle Qin, if they smash the door and rush in, what should we do?"

Chen Zishi was not so calm.

With a mournful face, he asked anxiously.

Qin Mu glanced at the door, and said lightly: "It's okay, just let them compensate the front door when the time comes."

Simultaneously.

He also asked the cameraman to point the camera at the gate of the backyard, ready to record the scene.

speak up.

If the other party really dares to rush in...

He dared to sue all these people.

Breaking into a house by force is not a trivial matter.

This kind of gathering of crowds to break in is even worse in nature and has already violated a criminal offense.

……

Time passed slowly.

10 minutes passed.

The police haven't arrived yet.

And outside the backyard.

Everyone saw that Song Yun and the others were shrunken turtles, as if they were going to save the bridesmaids.

They were all very angry.

Especially the parents of the deceased Chen Quan, their faces were flushed and they were extremely angry.

"It's a pity that I used to think that Lao Chen was a good person, but I didn't expect him to help foreigners bully us!"

"I can't take it anymore, please do me a favor, break open the door, my son is dead, but the murderer still hasn't shown up!!"

"It's just a marriage quarrel, and she dared to use a knife. This is completely ignoring the law!"

"When she comes out, we'll send her directly to the police station!"

"I'm afraid she won't come out. It seems that the only way is to smash the door."

"..."

Relatives of the four families gathered outside the backyard gate.

Looking bad.

A total of seven NO.80 people.

Everyone is from the village. When they heard that something happened, the families of seven aunts and eight aunts rushed to the scene.

huge amount of.

It's just that I'm afraid that my family will be bullied.

It turned out well...

I didn't even see the murderer's face!
At last.

The crowd still couldn't hold back, and a few stout men stood at the door.

Bang on the door hard.

"boom!"

"boom!"

"boom!"

Three in a row.

He slammed the door open.

"I'll pay for the door, everyone go in and grab that bridesmaid!"

Chen Daoguang, the father of the deceased Chen Quan, waved his arms.

The crowd rushed into the courtyard in a mighty manner.

Surrounded Qin Mu, Song Yun, the bride and groom, and others.

Everyone is sullen.

"Which one is the bridesmaid?"

Chen Daoguang turned his head and glanced at the young man who was involved in the wedding.

The young man swept around the backyard.

Shaking his head, he said, "It's not here, it should be in the back room."

"Go into the back room and drag him out and send him to the police station!"

Chen Daoguang snorted coldly.

Others rushed to help and tried to break into the back room.

But Peng Songyue, who was wearing a red wedding dress, opened his arms and stopped everyone.

"Everyone has something to say, we have already called the police, and the police will come soon."

"Speak well? She killed my son and stabbed others, but she turned out to be a coward and didn't even admit her mistake. Let's talk about it?"

Chen Daoguang's face turned red.

Pointing at Peng Songyue, Song Yun and the others, he angrily reprimanded: "You guys who cover up the murderer are all cover-ups!"

"Let me tell you that it is illegal to cover up a murderer. Do you understand the crime of covering up?"

------

ps: Just one chapter today.

(End of this chapter)