Chapter 662 Special Self-Defense

Author: Snow Yinghong Plum

Chapter 662 Special Self-Defense

"The prosecutor may interrogate the defendant for the crimes alleged in the indictment." said the presiding judge.

"Defendant Ren Yujiang, what did the victim do after he arrived at your hotel on the day of the incident?" asked the prosecutor.

"They brought five or six people to the hotel and asked me to set up a banquet to apologize to him. They also threatened that if I didn't set up a table to apologize, I would come to the hotel every day to make trouble, so that I could not do business." Ren Yujiang looked at the prosecutor and replied.

"How did you respond to the victim's request?" asked the prosecutor.

"I didn't agree, and then took out my cell phone and told them to call the police if I make trouble again." Ren Yujiang said.

"Have you called the police?" the prosecutor stared at Ren Yujiang and asked.

"At that time, Xiang Huai suddenly took a watermelon knife and slashed me. Before I could call the police, I started fighting with him." Ren Yujiang looked at the floor in front of him and said lightly.

"Where did the sharp knife in your hand come from?" asked the prosecutor.

"I took it from the kitchen. I was in the kitchen at that time. The waiter told me that Xiang Huai was here to cause trouble again. I was afraid of an accident and took a sharp knife." Ren Yujiang told the truth, without any concealment.

"What accident are you afraid of?" the prosecutor asked.

"Because Xiang Huai and Che Yong came to the store to cause trouble, I was beaten away. This time they brought people and guys over, I was afraid that if they fought, they would suffer losses." Ren Yujiang explained.

"What did you do after being cut down?" the prosecutor asked.

"I was cut twice, and I was anxious at that time. I took out a sharp knife and stabbed Xiang Huai. He cut me, and I stabbed him. Later, we two got entangled together.

When Che Yong saw that the two of us had started fighting, he smashed me with the wooden chair in the store. I avoided it and stabbed him with a backhand..." Ren Yujiang told the situation at that time.

"After you pressing Xiang Huai under your body and controlling him, have you continued to stab him with a sharp knife?" the prosecutor continued to ask.

"Although I pressed him to the ground and pressed him with my body, his hands were not idle. He kept slashing me with a watermelon knife, so I also stabbed him with a sharp knife until I put the watermelon knife in his hand.

Take it off, the police come." Ren Yujiang defended.

"Previous Judge, the prosecutor has finished asking." After speaking, the prosecutor looked at the presiding Judge.

"Next, the defendant's defense lawyer will ask the defendant?" After the presiding judge said that, his eyes looked at Fang Yi without avail.

"The defendant Ren Yujiang, why did the victims Xiang Huai and Che Yong come to your store to cause trouble on the day of the incident?" Fang Yi asked.

"Xiang Huai owed me the money for food in the store, and then he came to the store to have dinner. I asked him for money. He felt that I had lost his face and held a grudge against me. A few days after that, he brought Che Yong to the store to make trouble.

I drove away.

On the day of the accident, in order to retaliate against me, he found a group of people and went to my store to cause trouble, wanting me to set up a table to apologize to him." Ren Yujiang said.

"When you learned that Xiang Huai brought people to the store, why didn't you call the police immediately?" Fang Yi asked.

"I think calling the police may not necessarily solve the problem. There are many such things on the ground. For example, diners who are eating get a few bugs and extort some money from the dishes. It is best if both parties can reconcile. After all, the police station is not open to our family.

Yes, and we are catering, so we can’t be careful. There is no need to call the police unless we have to," Ren Yujiang explained.

"You didn't reach an agreement at that time, who did it first?" Fang Yi continued to ask.

"At that time, I was afraid that they would smash things in the store and hurt people, so I took my phone to call the police without reaching the agreement. But I didn't expect Xiang Huai to suddenly use a watermelon knife to cut me. It was Xiang Huai's first move." Ren Yujiang said

.

"After you grabbed Xiang Huai's watermelon knife, did you stab him with the knife or cut him?" Fang Yi asked.

"No, I just grabbed the watermelon knife and the police arrived. I was already exhausted at that time, and I was completely forced to push myself in one breath and didn't stab myself at Huai again. Later, I was pulled by the police to wait for the ambulance." Ren Yujiang said

.

"Previous Judge, the defense lawyer has finished asking." Fang Yi said.

Since you want to defend your innocence, you must have factual basis and legal basis. The facts of the case are the basis, so Fang Yi has to ask several key points.

"The following is a cross-examination. Do the prosecutor, defense lawyer and defendant have new evidence that needs to be submitted?" the presiding judge asked.

"No." All three parties replied.

...

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

The prosecutor will speak first." The presiding judge said routinely.

"Previous Judge, Judge:... The prosecutor believes that after learning that the victim brought people to the hotel, he immediately realized that the two sides could not reach an agreement and took a sharp knife from the kitchen to prepare.

It can be seen that the defendant subjectively had the intention of fighting and objectively prepared for the fight.

The negotiations between the two sides broke down. Although the victim Xiang Huai first started and chopped the defendant with a watermelon knife, the defendant was also prepared and immediately took out a sharp knife to fight back. During the fight, the defendant stabbed the two victims to death until the police arrived at the scene.

Control the defendant. From this we can see that when the defendant committed the above-mentioned fight, he was laissez-faire and his behavior directly caused serious consequences of the death of the two.

The prosecutor believes that the defendant constituted intentional homicide. Considering that the victim also had certain faults, it is recommended to impose a death penalty on him and suspend his sentence for two years. It is completed." After the prosecutor expressed his opinion, he glanced at Ren sitting in the dock.

Yujiang, the latter was obviously stunned, but there was not much emotion on his face.

...

"The defendant's defense lawyer expresses his defense opinion." After the defendant made his own defense, the presiding judge continued.

Fang Yi organized the following language and said: "Previous Judge, Judge: The defense lawyer believes that the defendant Ren Yujiang does not constitute a crime and constitutes special legitimate defense. The reasons are as follows:

According to Article 20, paragraph 3 of the Criminal Law, those who are carrying out defensive actions that are being committed, murder, robbery, rape, kidnapping and other violent crimes that seriously endanger personal safety and cause unlawful casualties to the person, are not defensive.

If it is excessive, no criminal responsibility will be borne.

The purpose of the above provisions is to enable law-abiding persons to take defensive actions when facing violent infringement that seriously endangers personal safety, they do not have to worry too much about the means and consequences of defense.

The purpose of its legislation is to encourage the people to fight against violent crimes that seriously endanger citizens' personal safety, promote righteousness, and deter crimes.

The provisions of this clause are different from general self-defense and are called ‘special self-defense’ and also called ‘no excessive defense’.

The premise of special self-defense must be violent crimes that seriously endanger the personal safety of citizens. For example, the crimes listed in the above clauses include murder, murder, robbery, rape, kidnapping and other crimes."
Chapter completed!