The newlyweds were touched by their workers’ thighs, and the husband fought back and caused 1 death and 3 injuries. The court: no criminal responsibility!

The newlyweds were touched by a worker’s thigh, and the husband fought back and caused one death and three injuries. The court’s decision was gratifying

Drunk Finally make some irritating behavior May cause irreversible consequences Newlyweds molested by coworkers after drinking Husband verbally stopped but was abused and gangly beaten Chen and his newlywed wife Sun work as workers at a construction site in Sanya, Hainan. One day, the two were working overtime on the construction site. Suddenly, woodworkers Zhou, Rong, Rong Lie, and Ji at the same construction site got into trouble after drinking, molested Sun and beat Chen insults. Under strong resistance Caused one death and three injuries During the rebellion, Chen used the folding knife he carried with him and waved it at Zhou, Rong, Ji and others. In the chaos, Chen stabbed Rong’s left groin, causing the latter’s left femoral artery and vein to rupture, causing hemorrhagic shock and death, and also causing minor injuries to Zhou and minor injuries to Ji and Liu. After the incident, Chen was detained under criminal law. After investigating the case and collecting evidence, the public security organ arrested Chen. Subsequently, the procuratorial organ prosecuted Chen for the crime of intentional injury.

After the court heard

Chen was defended in a state of being besieged, and Chen was alone in the defense. He faced three workers holding equipment. The equipment held by several workers was enough to seriously threaten Chen’s life. , The public prosecutor’s accusation that the defendant Chen was guilty of intentional injury was not found The defendant Chen was pronounced not guilty and he was not liable for civil compensation.

After the judgment of the first instance

Two-level prosecutors’ office disagrees

Then filed a protest

The reasons are as follows

From the perspective of the relationship and cause of the two parties, Ji and Chen are both workers on the same construction site, and there is no deep hatred at ordinary times. It was only because of molesting the newlyweds on the day of the crime that the two sides were fighting.

Judging from the position and intensity of the blow chosen by Ji and others, and Zhou threw away the shovel out of fear of accident, and sparred with bare hands. Ji and others did not intentionally cause Chen to be seriously injured or killed subjectively.

Second instance verdict

In this case, the victim Rong and others made trouble after drinking, molested the wife of the defendant Chen in the original trial, insulted Chen, refused to listen to dissuasion, and beat Chen with a weapon that could seriously endanger the personal safety of others.

As a man, a husband, when his wife was molested, he was insulted and beaten by himself, he stabbed and marked Rong and others who were beating him with a knife. Meet the conditions of special defense.

Although Rong was killed, Zhou was slightly injured, and Ji was slightly injured, he was not criminally liable in accordance with the law. The protest opinion of the protest organ was not established, the protest was rejected and the original judgment was upheld.

According to Article 20 of my country’s Criminal Law: “In order to protect the country, public interest, personal, property, and other rights of others from ongoing illegal infringements, actions taken to stop illegal infringements will cause harm to the illegal infringers. It is a legitimate defense and does not bear criminal responsibility.”

Then

What conditions should legitimate defense meet?

1. Unlawful infringement exists objectively, that is, the cause of legitimate defense must be the objective existence of unlawful infringement from others, but it is not a necessary condition that the illegal infringement constitutes a crime.

2. The illegal infringement is ongoing, that is, the legitimate defense must target the illegal infringement that has begun but not yet ended. If “defense” against an “infringement” that has not occurred or an infringement that has ended, it is not a legitimate defense.

3. Have defensive awareness, that is, the perpetrator’s defensive behavior must be based on the motivation to protect legitimate rights and interests.

4. Against the unlawful infringement, that is, the object of legitimate defense must be the unlawful infringement, not the third party.

5. It does not significantly exceed the necessary limit, but there is no necessary limit to take defensive behaviors against ongoing assaults, homicides, robberies, rapes, kidnappings, and other violent crimes that seriously endanger personal safety.

   ▲Source: Law Popularization in China