Chapter 579 Intentional injury?

Author: Xueying Hongmei

Chapter 579 Intentional injury?

At the end of February, Shan Guangquan's case went to trial.

In the fifth courtroom of the Intermediate People's Court, there were only Wu Caiying and a young man in the auditorium. Fang Yi speculated that the young man was her son.

Two female prosecutors sat on the prosecutor's bench. Above them sat three male judges with serious faces.

"...This court believes that the defendant Shan Guangquan discovered someone breaking into the orchard at night and trying to illegally invade his house, so he immediately called the police to the village cadres and the public security agency. When he returned to his orchard, he saw the victim Yan Jianshun in his house

Before, he mistakenly thought that he was an illegal intruder. When he saw Yan Jianshun walking towards him, he suspected that he was going to attack him. In panic and fear, he stabbed the victim to death with a dagger.

Defendant Shan Guangquan’s behavior violated Article 234 of the Criminal Law of the People’s Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. He should be held criminally responsible for the crime of intentional injury. According to the Criminal Procedure Law of the People’s Republic of China

》Article 176, if a public prosecution is filed, the person shall be sentenced in accordance with the law.

Chief Judge, the indictment has been read out." The prosecutor put down the indictment and looked at the three judges sitting on it.

"Defendant Shan Guangquan, did you hear clearly the indictment just read out by the prosecutor? What crime are you accused of? Do you have any objection to the criminal facts accused of you in the indictment?" After the presiding judge asked, he looked at the sitting defendant.

Shan Guangquan looked anxious at the table.

"I heard clearly that I was charged with intentional injury. I have no objection to the facts. I admit that I killed Yan Jianshun, but I didn't mean to kill him. I recognized the wrong person. I thought he was the one who wanted to break into my house before.

That person, I really didn't mean to kill him..." Shan Guangquan looked at the presiding judge pitifully with regret on his face, hoping that he would be noble and spare his sentence for a few years.

Next, the prosecutor questioned the defendant about the facts of the case. Shan Guangquan confessed to the crime. Then Fang Yi, with the permission of the presiding judge, also questioned the defendant.

What followed was more than an hour of evidence and cross-examination in court.

…

"The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

Let the prosecutor speak first." After the presiding judge finished speaking, he looked at the defense table.

"Presiding judge, judge: ... the prosecutor believes that in this case, the defendant Shan Guangquan mistakenly identified the victim Yan Jianshun as the aggressor. Based on his misunderstanding of illegal infringement, he used a dagger to stab the victim in the chest, which ultimately caused the death of others.

serious consequences of death.

Although the defendant Shan Guangquan in this case did not have the intention to kill, he did have the intention to injure others. His behavior constitutes the crime of intentional injury. It is recommended that the defendant be sentenced to fifteen years in prison. Over." The prosecutor's cold speech pointed directly at the gallery.

Go to Wu Caiying's heart.

At this time, Wu Caiying clenched the fence in front of her with her hands in shock, her heart almost burst out of her chest, and tears kept rolling in her eyes. The young man beside her bit her lips tightly and frowned into a frown.

The defendant then defended himself. Shan Guangquan tried his best to defend himself, but he was at a loss for words and kept talking back and forth. He was finally stopped by the presiding judge.

"The defendant's defender expressed his defense opinion." The presiding judge looked at the defense table.

"Presiding judge, judge: The defender believes that in this case, the defendant Shan Guangquan's behavior was a fictitious defense and a crime of negligence. It should not be punished as an intentional crime and should constitute the crime of negligence causing death. The reasons are as follows:

First, the defendant Shan Guangquan in this case was acting in imaginary defense.

In this case, the defendant Shan Guangquan’s orchard is outside the village and is located in a relatively remote location. Someone did try to illegally invade his house on the night of the incident. The defendant Shan Guangquan was extremely frightened and carried a dagger with him for self-defense.

When the defendant Shan Guangquan went out to seek help and returned, he saw the victim Yan Jianshun standing in front of his house in the orchard. Based on the panic caused to him by someone who had illegally invaded the house (antecedent), and the night of the crime was cloudy and dark.

, the visibility was not high and the person could not be identified. The defendant Shan Guangquan mistakenly believed that the victim was an illegal intruder.

Seeing the victim approaching him, the defendant suspected that the victim was going to attack him, so he acted in "defense" and stabbed the victim in the chest with a dagger. The defendant's "hypothesis" was reasonable.

The defendant's 'defensive' behavior in panic and fear was completely consistent with the characteristics of imaginary defense. Therefore, the defender believed that the defendant's behavior should be regarded as imaginary defensive behavior.

Second, the defendant's imaginary defensive behavior is a crime of negligence.

In this case, defendant Shan Guangquan's behavior was entirely based on the misunderstanding of "imaginary defense", and his original intention was to protect the personal safety and property rights of himself and his family.

Therefore, the defendant did not subjectively know that his behavior would cause social harm. The defendant Shan Guangquan had neither direct intention nor indirect intention.

Defendant Shan Guangquan's 'imaginary defense' behavior resulted in the death of innocent people. Although objectively it had a certain degree of social harm, it was not established as a crime of intentional homicide or injury, but only established that he should have foreseen that his behavior might cause harm.

The social consequences are caused by the crime of negligence causing death due to negligence and failure to foresee such consequences.

To sum up, the defender believes that the defendant committed the crime of negligent causing death. In view of the fact that the defendant confessed truthfully after being brought to justice, actively compensated the victim's family, and showed remorse, it is recommended that he be sentenced to three years in prison. Ended." Fang Yi

After expressing his defense opinions, he looked at the presiding judge.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

"Regarding the defense of the defendant, the prosecutor believes that the defendant Shan Guangquan took the initiative to stab the victim with a dagger at the time of the crime, resulting in his death. It can be seen that the defendant used the dagger based on intentional psychology at the time of the crime, with the purpose of stabbing the victim.

Therefore, the defendant's behavior was intentional and should be classified as intentional injury. Over." the prosecutor retorted.

"The defender can respond to the prosecutor's opinions." The presiding judge stopped writing in his hand and looked at the defense table.

“In response to the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

The defender believes that "intentional" in criminal law theory cannot be equated or confused with "intentional" in psychological theory.

According to Article 14 of the Criminal Law, an intentional crime means that the perpetrator knows that his behavior will have consequences that are harmful to society, and he hopes or allows such consequences to occur.

Imaginary defense is based on the perpetrator's mistaken understanding that his behavior is not harmful to society.

Although the perpetrator of imaginary defense is mentally intentional, this intentionality is based on a misunderstanding of the objective facts (whether there is illegal infringement).

In this case, the defendant thought that he was exercising legitimate defense against illegal infringement. Not only did he not realize that his behavior would have consequences that would harm society, he also believed that his behavior was legal and justifiable.

The "intentional" in criminal offenses is based on the premise that the perpetrator knows that his behavior will have consequences that are harmful to society.

To sum up, the defender believes that the ‘intentional’ in imaginary defense only has a psychological meaning, rather than criminal intention in criminal law.

The defendant in this case implemented imaginary defense subjectively to protect the personal safety and property rights of himself and his family. The death of the victim was due to the defendant’s misunderstanding. The defendant did not have any intention to commit a crime subjectively. Therefore, in the imaginary

There can be no intentional crime in defense, it should be a crime of negligence. Over." In terms of legal theory, Fang Yi is still very confident.
Chapter completed!