Lawyer

Chapter 663 The Reality Is Complicated

"The "assault" behavior stipulated in the third paragraph of Article No. 20 of the "Criminal Law" refers to an illegal injury that seriously endangers personal safety, such as a violent attack with a weapon that may cause serious injury.

According to the provisions of this paragraph, as long as the above conditions are met, there are no legal restrictions on the defensive means adopted by the defender and the results caused. Even if it causes casualties to the unlawful infringer, it is not considered excessive defense according to law and does not bear criminal responsibility.

In this case, it was reasonable and legal for the defendant, Ren Yujiang, to seek payment for the meal from the victim, Xiang Huai. Not only did Xiang Huai refuse to pay after the meal, but he even retaliated against the defendant by picking quarrels and provoking trouble after being reasonably sought for the arrears. It can be seen that the victim is responsible for the cause of this case.

On the day of the incident, although Ren Yujiang took a sharp knife from the back kitchen to carry with him, he did not take the initiative to use it. Moreover, he heard that Xiang Huai and others had come to the store to make trouble again. It was reasonable to prepare for self-defense, not for fighting. And prepare.

Fighting is an illegal act, which is characterized by the fact that the participants in the fight have the intention of illegally injuring each other, and the actions of both parties are illegal acts.In this case, the defendant had no intention to illegally harm the victim before the victim committed the violent act.

On the day of the incident, Xiang Huai and Che Yong gathered people to provoke troubles at Ren Yujiang's restaurant, and cut Ren Yujiang's right arm and head with a watermelon knife, which constituted a murder that seriously violated the personal safety of others.

After being slashed twice, Ren Yujiang was forced to fight back with a sharp knife. During this period, he counterattacked Che Yong who threw a wooden chair at him, and stopped his defensive behavior after grabbing Xiang Huai's watermelon knife.This shows that the defendant Ren Yujiang was compelled to defend himself, and the time and object of his defense complied with the legal provisions of special justifiable defense.

In summary, the defender believes that the defendant's behavior is a special justifiable defense against the murder and does not constitute a crime.complete. "Fang Yi issued a defense opinion.

"The public prosecutor can respond to the defense opinion of the defender." The presiding judge intentionally guided both parties to continue the debate.

"In response to the defender's defense, the public prosecutor believes that the defendant Ren Yujiang was only slightly injured in the fight, and the victim's behavior did not seriously endanger the defendant's personal safety, but the defendant's behavior caused the death of the two victims.

Moreover, at the time of the incident, the defendant obviously had the subjective intention of letting go and even wishing to stab the other party to death.Therefore, the defendant's behavior did not constitute special self-defense, but should constitute the crime of intentional homicide.complete. said the inspector.

"The defender can respond to the prosecutor's opinion." The presiding judge looked at Fang Yi without any emotion in his eyes.

"Based on the Prosecutor's defense opinion and response, the defender issued the following defense opinion:

First, the "Criminal Law" and relevant judicial interpretations do not stipulate that the perpetrator of special self-defense must be seriously injured, robbed, raped, etc. before he can defend himself.

Although Ren Yujiang was slightly injured in this case, as long as the circumstances of his injury are sufficient to show that the other party's behavior was of a serious violent nature, it complies with the provisions on special self-defense.

Second, the purpose of justifiable defense is to prevent the perpetrator from succeeding in violent crimes such as assault, murder, robbery, rape, kidnapping, etc. Therefore, even if the defender is not actually hurt at all, it should not affect the establishment of special justifiable defense.

In this case, the watermelon knife in Xiang Huai's hand had slashed at the defendant. If he did not fight back, the defendant's personal safety would certainly not be guaranteed.

Defendant Ren Yujiang's counterattack in the case of serious personal infringement is permitted by law and is just. Although it caused serious consequences for the death of the two victims, it still complies with the provisions of the third paragraph of Article No. 20 of the Criminal Law. should bear criminal responsibility.

Therefore, even if the defendant was laissez-faire at the time of the case, or even did not rule out the desire to stab the other party to death, it should not become any obstacle when applying the third paragraph of Article No. 20 of the Criminal Law.The defendant should not have committed a crime.complete. "Fang Yi replied.

……

After the adjournment, the presiding judge announced the verdict in court:

"... this case has been deliberated by the collegial panel and has formed a judgment opinion. In view of the opinions of the prosecution and the defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

Defendant Ren Yujiang was first slashed by Xiang Huai with a watermelon knife, and then smashed by Che Yong with a wooden chair. To protect his own safety, the defendant fought back with a sharp knife and stabbed Xiang Huai and Che Yong to death. criminally responsible.In accordance with the provisions of the first and third paragraphs of Article No. 20 of the "Criminal Law", the judgment: the defendant Ren Yujiang is not guilty. "

After hearing the verdict of innocence, Jia Danyan, who had been expressionless in the auditorium, suddenly wept with joy, her eyes filled with tears of joy.Relatives and friends around also showed smiles.

After hearing the verdict, Ren Yujiang stretched out his hands and rubbed his dull face vigorously, feeling as if he had walked through the gate of hell, and secretly warned himself: in the future, you must calm down when you encounter problems.Then, he got up and bowed to the judge and Fang Yi each to express his gratitude.

After Fang Yi walked out of the court, he was stopped by Jia Danyan in the corridor.

"Lawyer Fang, stop!" Jia Danyan had not had time to wipe away the remaining tears in his eyes.

"Ms. Jia, the first instance of your husband's case is over. As long as the procuratorate does not protest and the verdict takes effect, the case will be closed." Fang Yi knew what she was concerned about, and said it without waiting for her to ask.

"Okay, thank you, thank you." Ms. Jia nodded.

On the way back to the office, Wu Qinghui drove the car and asked suddenly: "Lawyer Fang, I have read Article No. 20 of the "Criminal Law" that you mentioned in court before. You can apply this law to plead not guilty?"

"Yun Qiao, how do you understand?" Fang Yi suddenly looked at Yun Qiao beside him and asked.

"I think as long as the circumstances stipulated in the first and third paragraphs of Article No. 20 of the "Criminal Law" occur, you can basically plead not guilty." Yun Qiao thought for a while and said.

"Theoretically speaking, what you said is not a big problem. But in judicial practice, this kind of criminal case of fighting is often more complicated in reality, and the consequences are more serious.

When formulating a defense plan, one must not copy the law mechanically, and must comprehensively analyze the cause and effect of the case, first eliminate defense provocations, hypothetical defenses, etc., and prevent the perpetrator from committing a crime under the guise of defense.

What I said may sound simple, but it is not easy to do. Being a lawyer is not to take a school exam. One mistake may kill a person.And there is no opportunity for make-up exams. "Fang Yi explained.

(End of this chapter)