Chapter 488 Dividing of fault liability

Author: Snow Yinghong Plum

Chapter 488 Dividing of fault liability

Li Zhiguo, who had nothing to do at home, had a full meal every day. His greatest pleasure was to go to the north wall at the east end of the village to bask in the sun and talk about the mountains. The matter was on the mountains.

There is a man named Wu Jianguo in the village who is 46 years old. He usually has something wrong with Li Zhiguo and looks down on each other. As long as the two meet each other, they can fight for something big, and they will be blushed and have a thick neck.

On the day of the incident, Li Zhiguo went to the north wall to bask in the sun and talked about the mountains. He happened to meet Wu Jianguo. The two started arguing over the beautiful national election, and later became more and more intense. I don’t know who started the first one. Grandma Zuzu cursed, which made everyone stunned.

If you say that Li Zhiguo and Wu Jianguo are also a pair of people who are worried about eating carrots and are not full of food. They are actually worried about other people's affairs and really regard the north wall of their village as the United Nations!

Seeing that the two of them were about to start, everyone hurriedly went up and pulled them away. They were all from the same village. They actually put their arms and sleeves on their sleeves to start working for an election in another place. It was not worth it!

Whether it is worth it is not the final decision of the villagers. Li Zhiguo never fought for Wu Jianguo and was scolded again, and he felt very angry. Seeing that Wu Jianguo seemed to be arrogant like a big rooster, Li Zhiguo was angry and did not fight. After returning home, he picked up a kitchen knife and went straight to the north wall at the east end of the village. He wanted to calculate the new and old hatreds together.

As a result, Li Zhiguo chopped Wu Jianguo with a kitchen knife several times, and the knife was bleeding, causing Wu Jianguo to be injured in many places. Wu Jianguo was also brave enough to pick up stones from the ground and hit Li Zhiguo during the battle. Li Zhiguo was also hit by Wu Jianguo a few times. His body was blue and purple, and his head was bleeding. Later, Li Zhiguo fled from the scene.

The incident happened so quickly that everyone saw that the two of them were serious, but before they could react, they had already finished calling. Someone took out their cell phones and hurriedly called the emergency number, while someone stepped forward to help Wu Jianguo, covered in blood, and bandaged him and stopped the bleeding.

After Wu Jianguo's family called the police, the police arrested him in Li Zhiguo. The case was quickly transferred to the procuratorate. After the procuratorate reviewed and prosecuted, the case file was transferred to the county court.

After forensic identification, Wu Jianguo's physical injury was rated as a secondary minor injury, while Li Zhiguo's physical injury was rated as a minor injury.

After the incident, Li Zhiguo's wife followed the lawyer's advice and bought a lot of gifts, went to the Wu family to apologize, and gave the Wu family a compensation of 20,000 yuan. Because the Wu family was angry, they did not issue a letter of understanding.

"We have already gone to the procuratorate to communicate with the prosecutor in charge of the case. Given that Li Zhiguo truthfully confessed his crimes after being arrested and was able to actively compensate the victims for some of the economic losses after the incident, the prosecutor will consider suggesting that the court give him a lighter punishment.

Given that the defendant and the victim have hurt each other, we now have two opinions. The first opinion believes that the victim Wu Jianguo has certain faults in this case, and the defendant's civil compensation liability can be reduced by 20% according to law.

The second opinion holds that the case occurred entirely by the defendant Li Zhiguo, so the defendant should compensate the victim for all losses.

Lawyer Fang, what do you think?" Lawyer Zhao said.

All lawyers in the institute know that Fang Yi is an expert in criminal matters and is easy to deal with, so if you encounter problems in criminal cases and are undecided, you will listen to his opinions and may not be adopted all of them, but at least you can open up your ideas.

"I understand that what Lawyer Zhao just mentioned is the issue of division of responsibilities in a case. The division of responsibilities in civil terms is different from the division of responsibilities in criminal terms. If the victim can be really determined to have certain responsibilities, the court will also consider it in sentencing. There will also be some reductions in civil compensation.

In this case, I agree with the second opinion." Fang Yi said.

"Lawyer Fang, I think that although the defendant Li Zhiguo slashed Wu Jianguo with a kitchen knife, Wu Jianguo was unable to calmly handle the dispute between the two parties at the scene, and he also beat Li Zhiguo to a minor injury during the fight, so Wu Jianguo should be found to have certain faults in this case." said Lawyer Gao, who Fang Yi had met before.

After Lawyer Gao finished speaking, everyone looked at Fang Yi.

Fang Yi thought for a while and said, "I may not be correct in my opinion, for your reference. I think the evidence in the case is not enough to determine that the victim Wu Jianguo is at fault. The reasons are as follows:

In cases, it is very common for the victim to be at fault. If I remember correctly, Article 131 of the General Principles of the Civil Law (denied after the promulgation of the Civil Code) stipulates that if the victim is at fault for the occurrence of the damage, the civil liability of the infringer can be reduced. In criminal cases, if the victim has certain faults, it will also affect the defendant's sentencing.

However, the fault of the victim in a criminal case is different from the fault we say in general daily life, and has its own specific meaning.

The victim's fault in the sense of criminal law refers to the victim's mistake or improper behavior for subjective fault, and the behavior violates the law or social public order and good morals, ethical norms, infringes on the defendant's legitimate rights and interests or other legitimate interests, and objectively stimulates the occurrence of criminal behavior.

In judicial practice, determining whether the victim is in the criminal law is generally considered from the following aspects:

1. The subject of the act of fault must be the victim.

2. The victim should be at fault subjectively. That is, the victim's subjective mentality of intentional or negligence should be condemned legally or morally. If it is other acts that cannot be attributed to the victim, it cannot be considered as the victim's fault.

3. The acts committed by the victim violate the law or violate social public order and good customs and ethical norms, and should be negatively evaluated by the society.

4. There is a causal relationship between the victim's fault behavior and the defendant's criminal behavior, and it is related.

Back to this case, based on the evidence in the case, we can know the following content:

First, both Wu Jianguo's statements and witness testimony confirmed that the quarrel between the defendant Li Zhiguo and Wu Jianguo was initiated by Li Zhiguo.

Second, both Wu Jianguo and the witnesses confirmed that Li Zhiguo first slashed people with a knife at the time of the incident, and then Wu Jianguo picked up the stone and hit Li Zhiguo. It was the defendant Li Zhiguo's move first.

Although Wu Jianguo caused Li Zhiguo to slightly hurt Li Zhiguo during the process of picking up a stone to hit Li Zhiguo, this was caused by Li Zhiguo's advance violation. Wu Jianguo's behavior and Li Zhiguo's criminal behavior were not causal, so Wu Jianguo's behavior did not belong to a fault in the sense of criminal law.

Therefore, I believe that Wu Jianguo's behavior is of legitimate defense and there is no fault in this case. Li Zhiguo should make full compensation to the victim Wu Jianguo.

The above is my opinion." Fang Yi said.
Chapter completed!