Chapter 343 The brain is in a disconnected state

Author: Xueying Hongmei

Chapter 343 The brain is in a disconnected state

"Judge Chief, Judge: According to the prosecutor's defense opinions and responses, the defender issues the following defense opinions:

The appellant Lu Chen carried a knife in advance, which was aware of the defense preparation adopted by Hong Fangzhou that might be invaded. The appellant Lu Chen only had the intention of defense and did not hurt others.

When encountering illegal infringement, using this tool to carry out defense, it is still established as a legitimate defense. The specific reasons are as follows:

First, the appellant Lu Chen carried a knife, and its purpose was to defend.

Article 20 of the Criminal Law stipulates: 'In order to enable the country, public interests, the personal interests of myself or others, property and other rights are exempt from being undergoing illegal infringement, and the act of stopping illegal infringement will cause damage to illegal infringement of people.

It belongs to legitimate defense and is not responsible for criminal responsibility. '

The purpose of the criminal law stipulates that the purpose of legitimate defense is to resist the illegal violations and protect legitimate rights and interests. After the appellant in this case, Lu Chen, after rubbing with others in the bar, retaliated in order to prevent the other party and carry a knife in the car. This is a preventive measure.

In order to prevent illegal infringement in order to prevent their legitimate rights and interests, prepare for precautions before the incidence of infringement, and take necessary prevention measures in advance. The purpose is to defend.

However, this prevention measure is not aimed at ‘illegal infringement’, but ‘the illegal infringement that may occur’ is not completely consistent with the conditions of the legitimate defense stipulated in the Criminal Law, but the purpose is to defense.

At the time of the incident, the appellant used a spring knife to counterattack illegal infringement, and the behavior and results showed that his purpose of carrying a knife was to resist illegal infringement, not for a certain person. Therefore, he could not carry the control knife because the appellant was illegally carried, so

Negotiate the defense nature of its behavior.

Therefore, in order to prevent illegal infringement, the appellant in this case carried a preventive knife ingredients in order to prevent illegal infringement. It could not block the defense behavior of the defense of the knife when encountering illegal violations.

As long as the damage caused by the behavior of the criminals and the value of the legitimate rights and interests they protect are not obvious, and the effect of the defense is aimed at illegal violations, it should be identified as a legitimate defense.

Second, the appellant Lu Chen and the victim Zou Minglong do not constitute mutual fights.

The defender believes that the key to proper defense and mutual fighting is whether there is a defense intention. The defense intention is also known as the "defense purpose ', that is, the purpose of the defense personally implementing defense.

Personal and other rights are exempted from illegal infringement.

In fighting each other, both sides of the fight have the intention of hurting each other. Both sides are the purpose of infringing each other. Under this intent, actively implement the behavior of infringing the opponent. There is no defense intention required by legitimate defense.

In practice, mutual fighting behaviors generally have premeditation, and the actor's time, place, and relatively clear plans are relatively clear, often preparing for it, and it is likely that it is possible to bring the weapon required for mutual fighting.

Then, then

The proper defense behavior is generally sudden, and the incidents of infringement suddenly occur. The actor often does not know the time, place, and relatives of the incident of the invading incident.

Counterattack.

Back to this case, the appellant Lu Chen conflicted with Hong Fangzhou in the bar, and went to the car to take a knife and return to the bar again, but he had not taken the initiative to hurt Hong Ark, nor did he tell the friends present that he had conflicted with Hong Fangzhou who had conflicted with Hong Fangzhou.

In this case, it can be seen that the subjective purpose of his knife is consistent with what it says. It is the defense preparation that Hong Fangzhou may be infringed in the circumstances.

I do n’t know the incident, so the behavior of the defendant does not belong to each other.

The victim Zou Minglong and others followed the instructions of Hong Fangzhou and followed to the door of the restaurant. When they saw Lu Chen and others got out of the car, they beaten Lu Chen and others.

The behavior of the behavior of citizens' health is illegal.

When Lu Chen was attacked by others, in order to protect his legitimate rights and interests, he was passively added to the counterattack. When Lu Chen used the spring knife to launch the defense of the spring knife, Zou Minglong was fighting against

Lu Chen's friends were beaten. At this moment, I was ongoing illegal.

Zou Minglong suffered a fatal injury to a knife injury. This injury was caused by Lu Chen in the process of defense. Therefore, according to Article 22 of the Criminal Law, the behavior of the defendant in this case constitutes a legitimate defense.

However, when Zou Minglong was assaulting Lu Chen, he did not hold a weapon, but performed his bare hands. However, Lu Chen used a spring knife to stab a knife against Zou Minglong.

Being Zou Minglong, his behavior obviously exceeded the necessary limit for stopping illegal infringement, and eventually directly caused the serious consequences of Zou Minglong's death.

Therefore, Lu Chen's behavior should be excessive defense. In accordance with the provisions of the criminal law, the crime of intentional injury should be reduced, but the punishment should be reduced.

Fang Yi.

Nympho

After two rounds of court defense, the chief of the trial announced a 10 -minute suspension, and the judgment was sentenced after the review.

Fang Yi took out the mineral water installed in the briefcase, took a few mouthfuls, and then sat in a chair and didn't want to talk, didn't want to move, the brain was in a disconnected state.

The people in the attendance seat looked at Fang Yi sitting on the defense seat, and the opinions of the lip gun war seemed to be very laborious, but how did they know how much information they checked in front of Fang Ying, how many versions of the defense opinions were modified, how can they know how can they know?

During the trial process, Fang Yi's brain continued to rotate quickly to respond to the charges of the public prosecutor. When the trial chief knocked on the hammer of the court, Fang Yi felt loose, and his fatigue immediately came up.

After ten minutes, the three judges of the collegiate panel walked into the court. The judge said: "Continue to open the court now, ask the bailiff to bring the appellant Lu Chen to court.

This case has formed a judgment opinion after the Certificate of Court. In response to the opinions of both parties and the focus of the dispute in the case, according to the facts and evidence of the case, the evaluation of this court is as follows:

... The appellant Lu Chen intentionally hurt the illegal infringement's body to stop the illegal infringement. Their behavior belongs to the legitimate defense, but its defense is significantly exceeded the necessary limit, causing a significant consequence of the victim's death.

, Penalties should be reduced according to law.

Lu Chen and his defender argued that Lu Chen's behavior was excessive defense, and the original judgment's appeal grounds and defense opinions that his sentence was too harsh were established and adopted.

Accordingly, in accordance with Article 189, Item (2) of the Criminal Procedure Law of the People's Republic of China and Article 234, Paragraph 2, and Article 20, Paragraph 2, of the Criminal Law of the People's Republic of China,

According to the provisions of Article 61, the verdict is as follows: 1. The criminal judgment of the Municipal Intermediate Court is revoked; 2. The appellant Lu Chen was guilty of intentional injury and sentenced to five years in prison."
Chapter completed!