If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 243 "Obviousness" and "Limitations"

“According to the provisions of Article 20, Paragraph 2 of my country’s Criminal Law, any person whose legitimate defense obviously exceeds the necessary limit and causes serious damage shall bear criminal liability.

First of all, we must admit that in this case, the appellant Zhang Chi’s stabbing behavior at the time of the incident resulted in the death of one person, serious injuries to two people, and minor injuries to one person. Zhang Chi’s behavior obviously caused significant damage.

But what we should also pay attention to is whether Zhang Chi's defensive stabbing behavior clearly exceeded the necessary limit. "

The result of causing one person's death, no matter how much he denies it, is definitely a major damage. Therefore, Ren Zhen has no intention of denying it, but is going to start with the limiting conditions. Of the five basic conditions for legitimate defense, only the limiting conditions are left. Mentioned, just waiting to stay here to talk about it.

"It cannot significantly exceed the necessary limit to cause significant damage. This is the moderate condition of legitimate defense and an important criterion for distinguishing appropriate defense from excessive defense.

We should note that when measuring the necessary limits, we must take into account the nature of the unlawful infringement, the specific intensity of the behavior, and the possible harmful consequences.

Not only cannot it be judged simply based on the results, but also it cannot be deemed as excessive defense as soon as there are casualties.

In this case, although the debt collection behavior of Du Jinliang and four other victims did not bring obvious immediate harm, from Zhang Chi's perspective, their beating, humiliation and detention continued for several hours.

And during the process of illegal debt collection, the four victims even performed extremely obscene actions such as exposing their private parts. Although from an objective point of view, this behavior is not enough to directly threaten the personal safety of Zhang Chi and Cai Meijuan. , but if you think about it, if you think about it, when four extremely vicious gangsters do this to your mother, even if there is a reason, and even if you know that they are here to collect debts, will anyone feel that they are not in danger? "

Faced with Ren Zhen's problem, everyone put their own eyes on Li Fujun and others.

Realizing that all the eyes in the court seemed to be focused on them, Li Fujun, Yan Zhaosheng and Guo Tianming couldn't sit still.

"How do you speak as a lawyer?

Now that Zhang Chi has killed someone and stabbed us, why are we the most vicious gangsters?

If they don't pay back the money they owe, we'll become bad people if we come to ask for the money, right?

You must be responsible for what you say. We have endured it for a long time today. Just these few words against you. If you leave this door soon, we will definitely sue you for slander! "

Li Fujun pretended to be calm and shouted a few words at Ren Zhen.

"Can you please be quiet? Why are you so anxious when someone just expresses his opinion?

If you keep talking casually, I will ask the bailiff to ask you out! "

Ye Bingwen finally couldn't bear it anymore. Seeing that you are the victims, I didn't want to argue with you. Why isn't it over yet?

Li Fujun shrank his head and really said nothing.

"Defense counsel continues."

Ye Bingwen's temper got worse, and his tone towards Ren Zhen was not very good.

"Looking at the entire case, although the debt collection actions of the four Du Jinliang did not involve serious violence, their actions have caused tremendous pressure and fear in the minds of Zhang Chi and Cai Meijuan.

Therefore, the actions of Du Jinliang and the others may not appear to be violent on the surface, but in fact they have seriously infringed upon the personal rights and interests of Zhang Chi and Cai Meijuan.

As an outsider, one might think that their debt collection behavior would not bring any serious consequences, but from Zhang Chi's perspective, he could not predict what Du Jinliang and the other two would do to their mother and son after the law enforcement officers left the reception room. What kind of move.

Therefore, under such a situation, Du Jinliang and others came up and pushed him to the corner of the reception room, and at the same time provoked him with words and actions. I think Zhang Chi's stabbing behavior was a bit excessive, but it was not excessive.

In particular, Zhang Chi only stabbed each victim once. Except for Du Jinliang, who was the closest to him, Zhang Chi would not have continued to stab the victims if the other three had not taken the initiative.

A very big difference between legitimate defense and emergency evacuation is that emergency evacuation has a last resort requirement, but legitimate defense does not. That is to say, legitimate defense does not require Zhang Chi to perform defensive actions only when there is absolutely no other way.

Therefore, first of all, Zhang Chi's behavior did not exceed the limit. Secondly, even if there was a suspicion of exceeding the limit, it did not reach the 'obviously' exceeding the necessary limit as stipulated in Article 20 of the Criminal Law.

To sum up, although Zhang Chi's behavior caused relatively serious consequences, considering the circumstances of the entire case, his behavior did not obviously exceed the necessary limit and did not constitute excessive defense. "

Not obvious?

Is this lawyer so precise about his words?

Liu Wenren stood up while thinking about the rationality of Ren Zhen's point of view:

“The public prosecutor believes that the appellant Zhang Chi’s behavior obviously exceeded the necessary limit and caused significant damage, and should be considered excessive defense.

According to the facts found in this case and the evidence on file, although Du Jinliang was accompanied by four people, his intention to commit illegal infringement was ultimately to put pressure on Cai Meijuan and thereby demand debts.

During this process, Du Jinliang and others did not use or even carry any equipment.

When law enforcement officer Wang Yajun entered the reception room with two auxiliary police officers, there was no violent confrontation or physical conflict between the two parties, otherwise Wang Yajun would not have left the reception room with the auxiliary police officers.

After the law enforcement officers left the reception room, both Zhang Chi and Cai Meijuan could clearly see the flashing lights of the police cars parked in the courtyard through the windows of the reception room, so they knew of course that the law enforcement officers had not left yet. If they feel their personal safety is threatened, they can seek help by calling law enforcement.

When Zhang Chi warned Du Jinliang and others not to approach with a knife, although Du Jinliang and others made provocative words and continued to approach Zhang Chi, Du Jinliang and the others did not commit any attack on Zhang Chi.

Even after being stabbed by Zhang Chi with a knife, Du Jinliang did not fight back.

To sum up, the illegal infringement faced by Zhang Chi was not urgent or serious, but he stabbed four people continuously with a sharp knife, causing one death, two serious injuries, and one minor injury. Among them, Guo Tianming was stabbed in the back and should be punished. It was determined that Zhang Chi's defensive behavior clearly exceeded the necessary limit and caused significant damage. "

At this time, Zhang Chi stood there, full of regret.

Mad, why did you stab someone in the back?

The situation was so chaotic at the time, and I had no idea!

"Victims, you can express your opinion, only regarding whether Zhang Chi's behavior was excessive defense."

In fact, according to the opinions previously expressed by several victims and their family members, they believed that Zhang Chi committed intentional homicide, so there was no need for excessive defense.

But these people are obviously legally illiterate, so Ye Bingwen still asked them to express their opinions on every controversial point. Firstly, he respects their right to speak out, and secondly, it saves them from wondering why they are not allowed to speak. Are they judges? Favoritism or something.

"Excessive! You must overestimate!" This time Guo Tianming became more energetic and spoke before Li Fujun:

"At that time, I saw Du Jinliang seemed to have been poked, and wanted to get closer to see what was going on. When I went over and saw Du Jinliang holding his stomach, Zhang Chi had blood on his hands, I immediately turned around and ran away.

But who knew that this kid gave me a knife when he came up? Judge, do you think I was not unjustly stabbed?

I obviously had no intention of doing anything to him, he must have been overly defensive! "

"Yes, yes, Lao Du was the closest to him at that time. Maybe Zhang Chi thought there would be danger or something, but we were all standing behind Lao Du, and we didn't do anything."

Yan Zhaosheng also nodded: "He stabbed Lao Du and came to us without saying a word. Those who didn't know it thought we owed him money. What kind of legitimate defense is this?

Let me tell you, let alone excessive self-defense, this is pure intentional homicide and requires a heavy sentence! "

"You guys have different opinions. Some think it's excessive defense, and some think it's not excessive defense but intentional homicide. Do you want to agree on the same opinion, or should I ask the clerk to write it down separately."

They were talking here and there without any focus at all. The clerk hated this kind of speech in the court. At this time, the keyboard had stopped.

"How about that"

The three of them, Li Fujun, looked at each other and said, "Let's write it down separately. Regardless of whether he committed a crime or committed murder, he will be sentenced severely anyway!"

"Then the clerk will write down both points."

Ye Bingwen rubbed his eyebrows, already beginning to feel tired.

Not only do we have to analyze the rationality of the prosecutor's and lawyer's views, but we also have to allocate energy to deal with these troublemakers. This court session is too torturous.

“The fourth question regarding the application of law is whether the appellant Zhang Chi’s behavior constitutes intentional homicide.

Close relatives of the victims Li Fujun, Yan Zhaosheng, Guo Tianming and the victim Du Jinliang proposed that Zhang Chi's behavior constituted intentional homicide.

Regarding this issue, there is no need for the victim and his family members to express their opinions. The appellant and prosecutor will simply speak. "

This issue is relatively not that complicated. If it were not raised by the victim, this issue would not even be discussed here.

“The appellant believes that Zhang Chi’s behavior does not constitute intentional homicide.

According to the evidence in the case, we can know that although Zhang Chi stabbed four people in succession at the time of the incident, the direct reason why he stabbed Du Jinliang was that Du Jinliang kept approaching him with verbal provocations, and the other three people also approached him after Only then was he stabbed by Zhang Chi.

It can be seen that Zhang Chi did not stab the victims who were far away from him, and he only stabbed each victim once and did not stab him additionally.

If Zhang Chi had the intention to kill, then he would most likely engage in behavior such as chasing and slashing. It can be seen that his purpose was to stop the illegal infringement he was facing, and to leave the reception room, not to kill.

Therefore, Zhang Chi’s behavior does not constitute intentional homicide. "

This issue is of little value for discussion. Even the judge who tried Zhang Chi indefinitely only believed that Zhang Chi was suspected of intentional injury rather than intentional homicide.

Accusing Zhang Chi of intentional homicide just because someone died is only someone like Li Fujun, who doesn't understand the law but feels good about himself, who would make such a point.

"The public prosecutor also believes that Zhang Chi's behavior does not constitute intentional homicide. Objectively, there is no obvious murderous action. Considering the situation in which Zhang Chi was found on the day of the incident, his knife action cannot be considered as subjective homicide intention. Therefore, Zhang Chi's The conduct should be deemed intentional to cause harm.

Although Zhang Chi's stabbing resulted in Du Jinliang's death, criminal intent cannot be reversed based on the death result alone. The view that Zhang Chi is suspected of intentional homicide is obviously untenable. "

Liu Wenren didn't talk too much, he just finished it concisely in a few sentences.

"Why didn't he kill someone intentionally? That little brat even said he wanted to kill us."

Li Fujun whispered to Yan Zhaosheng and Guo Tianming. Several people nodded, but said no more.

After being banned several times by the judge, they finally have a long memory.

If it's not murder, it's not murder. Anyway, the first trial didn't support our point of view. We just need to sentence him and pay us money.

So when all parties had no other opinions, Ye Bingwen mentioned the last controversial legal application point:

“The last question regarding the application of law is whether the appellant Zhang Chi in this case constituted surrender.

It is the appellant who should speak first. "

The previous disputes are the highlight. If the final point of surrender was placed in other cases, it might become the focus of the debate between lawyers and prosecutors, but in Zhang Chi's case, it seems not that important.

If Zhang Chi constituted self-defense, then of course there would be no need to mention surrendering. It is not a crime, so why surrender?

But if Zhang Chi cannot even be considered as having excessive defense, then surrendering is actually of little significance, because surrendering does not necessarily mean a reduction in punishment. It is just a criterion for judges when considering the circumstances.

"The appellant believes that Zhang Chi's behavior after the incident should be considered a surrender."

The successive speeches made Ren Zhen somewhat tired. After looking through the things prepared before the court, Ren Zhen composed himself:

"After Zhang Chi stabbed Du Jinliang and four other victims, he did not make any move to escape. Instead, he chose to wait in the reception room at the crime scene to wait for the arrival of law enforcement officials.

And after the law enforcement officers returned from outside the office building, Zhang Chi did not show any resistance and handed over the murder weapon at the request of the law enforcement officers.

According to my country's relevant provisions on surrender, surrender refers to the act of voluntarily surrendering to the police after committing a crime and truthfully confessing one's crime.

According to the provisions of the judicial interpretation, if someone is waiting at the scene knowing that someone else is reporting a crime, and there is no arrest when arresting him, and he confesses the crime, he shall be deemed to have voluntarily surrendered.

In this case, although no one reported the crime after the incident, the law enforcement officers were outside the office building. Zhang Chi did not escape but waited at the scene even though he knew that the law enforcement officers were not far away. There was no arrest when Zhang Chi was arrested, and he was enforcing the law. During interrogation, he confessed to the crime.

According to my country's relevant legal provisions on surrender, Zhang Chi's behavior should be classified as surrender. "

(End of this chapter)