Chapter 663 Reality is very complicated

Author: Xueying Hongmei

Chapter 663 Reality is very complicated

"The" murder "behavior stipulated in Article 20, paragraph 3 of the Criminal Law refers to the illegal damage behavior that seriously endangers personal safety. For example, using the murder weapon violence and murder, the harmful behavior that may be seriously injured.

According to this paragraph, as long as the above conditions meet the above conditions, the defense methods adopted by the defense person have no restrictions on the results of the results. Even if the injury is caused by illegal infringement, it is not an excessive defense according to law and is not responsible for criminal responsibility.

In this case, the defendant Ren Yujiang was reasonable and legal to pursue the meal to the victim to Huai Huai. After eating to Huai, he not only did not give money, but after being rationally pursued the arrears, he also retaliated the defendant and provoked the trouble.

It can be seen that the victim is responsible for the cause of the case.

On the day of the incident, although Ren Yujiang took a sharp knife from the back kitchen and carried it with him, he did not take the initiative, and he was heard that Xiang Huai and others came to the store to make trouble.

And prepare.

Fighting is a kind of illegal act, which is characterized by the intentional intention of the fighting participants to have illegal injuries. The actions of both sides are illegal acts. In this case, the defendant did not have the intention of the victim before the victim was violent.

On the day of the crime, the people from Huaihe and Che Yong went to Ren Yujiang's restaurant to provoke trouble, and used a watermelon knife to cut the right arm and head of Ren Yujiang with a watermelon knife.

After being cut two knives, Ren Yujiang was forced to hold a sharp knife counterattack. During this period, he countered a knife with a car with a wooden chair, and after winning the watermelon knife that won the Huai Huai, he stopped the anti -counterattack defense behavior.

This shows that the defendant Ren Yujiang was forced to carry out defense. The time of defense, the objects of the defense complied with the legal and defensive laws.

In summary, the defender believes that the defendant's behavior is a special legitimate defense against murder and does not constitute a crime. After finishing. "Fang Yi issued a defense opinion.

"Public prosecutors can respond to the defender's defense opinion." The trial chief intentionally guided the two sides to continue the debate.

"In response to the defense of the defender, the public prosecutor believed that the defendant Ren Yujiang was only injured in the fight. The behavior of the victim did not seriously endanger the defendant's personal safety, but the behavior of the defendant caused the death of the two victims.

Moreover, at the time of the incident, the defendant obviously had a laissez -faire, and even hoped that the subjective intention of stabbing the other party and stabbing death. Therefore, the defendant's behavior did not constitute a special legitimate defense, which should constitute the crime of intentional homicide. "The prosecutor said said

Then, then

"The defender can respond to the advice of the prosecutor." The judge looked at Fang Yi, and there was no emotional color in his eyes.

"According to the prosecutor's defense opinions and responses, the defender issued the following defense opinions:

First, the "Criminal Law" and related judicial interpretations did not stipulate that specially legitimate defense actors must be seriously injured and have been robbed. Rape can only be carried out to defend.

Although Ren Yujiang was injured in this case, as long as he was injured, he was enough to indicate that the other party's behavior was seriously violent, which complied with the regulations on special legitimate defense.

Secondly, the purpose of proper defense is to make violent crimes such as murder, homicide, robbery, rape, abduction, etc. The actors cannot succeed. Therefore, even if the defense has not been damaged at all, it should not affect the establishment of special legitimate defense.

In this case, the watermelon knife in the hands of Huai Huai has been cut on the defendant. If not counterattack, the defendant's personal safety must not be guaranteed.

The defendant Ren Yujiang counterattacked in the case of severe personal violations. It was allowed by law and had justice. Although the serious consequences of the death of the two victims, it still complied with the provisions of Article 20 of the Criminal Law.

Taking criminal responsibility.

Therefore, even if the defendant was allowed at the time of the incident, it would not even be excluded that the psychology of stabbing the other party and stabbing death should not become any obstacles when applying Article 20 of the Criminal Law.

Settled a crime. After finishing. "Fang Yi responded.

Nympho

After the off court, the trial director announced the results of the judgment:

"... The review of the undergraduate panel in this case has formed a judgment opinion. In response to the opinions of both parties and the focus of the controversy in the case, according to the facts and evidence of the case, the evaluation of this court is as follows:

The defendant Ren Yujiang was first injured by a watermelon knife with a watermelon knife, and then was smashed by Che Yong with a wooden chair to protect his own safety.

Confession. According to the provisions of Article 20 of the Criminal Law, paragraph 3, paragraph 3, judgment: The defendant Ren Yujiang is not guilty. "

After hearing the innocent verdict, Jia Danyan, who had been expressionless on the seated seat, suddenly cried, and his eyes were full of joy. The relatives and friends around him also smiled.

After listening to the verdict, Ren Yujiang stretched out his hand and rubbed his face, feeling that he seemed to be away from the ghost gate, and secretly warned himself: you must be calm in the future.

He got up and bowed to the judge and Fang Yi to show thanks.

After Fang Yi walked out of the court, he was called by Jia Danyan in the corridor.

"Lawyer Fang, stay!" The tears in Jia Danyan's eyes had to be wiped out in the future.

"Ms. Jia, the first instance of your husband's case is over. As long as the procuratorate does not protest, the case will end after the judgment is effective." Fang Yi knew what she cared about, and said it without waiting for her.

"Okay, thank you, thank you." Ms. Jia nodded.

On the way back, Wu Qinghui drove the car and suddenly asked: "Lawyer Fang, the 20th of the Criminal Law you said in court, I also saw it before, is it all the stipulated situation?

Can you apply this method and do innocent defense? "

"Yun Qiao, how do you understand?" Fang Yi suddenly looked at Yun Qiao next to him and asked.

"I think as long as there is a situation stipulated in Article 20 of the Criminal Law, paragraph 1, paragraph 1, paragraph 3 and 3, it can basically be a non -guilty defense." Yun Qiao thought about it.

"In theory, you don't have much problem. But in judicial practice, the criminal cases of fighting and fighting are often more complicated in reality, and the consequences are more serious.

When formulating a defense plan, you must not move the hard -sets. You must comprehensively analyze the cause and effect of the case, first exclude the defense provocation, and the situation of the defense, and prevent the perpetrators from faked the defense and sin.

What I said may sound simple, but it is not easy to do it. We are not a lawyer to take the school exam. If you are not careful, a life may be gone. And there is no chance to make up for the test. "Fang Yi explained.
Chapter completed!