Chapter 713

Author: Xueying Hongmei

Chapter 713

"In the case of at that time, if the defendant Tan Pei did not resist or escaped quickly, it would not be ruled out that he might suffer more serious violations. Tan Peicai chose to use a knife to tie the victim to defend, and it is not a forward defense.

The public prosecution agency believes that the behavior of the victim's mouth is not illegal. Only the behavior of being beaten with a murder weapon or a mild injury is illegal. It obviously confuses the difference between the prerequisites and limit conditions of legitimate defense.

The limits of defense refer to the purpose of stopping illegal infringement, defense must not significantly exceed the necessary limit and cause major damage.

In other words, only when judging whether the legitimate defense is significantly exceeds the necessary limit, it is meaningful to analyze the degree of illegal infringement. The degree of illegal infringement is only a criterion for judging whether the defense is moderate, but it is by no means a prerequisite for defense.

In addition, according to the provisions of the Criminal Law, unless the violent crime that is seriously endangered by the murder, killing, robbery, rape, abduction, etc.

None of the defense measures must be significantly exceeded and caused by major damage.

In this case, the defendant's defense behavior implemented by Pei Cai has caused serious injuries to the illegal invading person Wei Runquan. From the results, it belongs to ‘cause major damage’.

The defendant's illegal violations suffered by the defendant were just a mouthful, and it was not a violent crime that seriously endangered his personal safety. Therefore, he should not take defense measures that significantly exceed the necessary limit.

However, Tan Peicai used a spring knife to tie the first chest of the victim to cause serious injuries to the victims. The defense behavior obviously exceeded the necessary limit. According to law, it should be identified as excessive defense.

. After finishing. "Fang Yi responded.

Nympho

In the hearing, Peng Huayan always paid attention to the defense opinions issued by the two parties. Although she did not understand the criminal regulations, from a ordinary perspective, she felt that Fang Yi's defense opinions were more convincing than the public prosecutor's opinions.

Of course, subjective factors do not rule out.

"... 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:

When the defendant Tan Pei was illegally infringed by the victim Wei Runquan on the way to get off work, he took out the victim Wei Runquan in the springs of the spring knife, causing serious injuries. His behavior has constituted the crime of intentional injury.

Wei Runquan did not use the weapon when he beat the defendant. He did not use the weapon. His violations have not yet reached the level of a threat of life.

It is too defensive, and the punishment should be reduced according to law.

In accordance with the provisions of Article 234, Article 24, Article 22, and Article 64 of the Criminal Law, judgment: The defendant Tan Pei was guilty of intentional injury and sentenced to one year in prison; seizure of seizure;

The crime tool spring knife was confiscated. "

In the past, Lian Yi had understood Peng Huayan and Tian Cai's Plate.

After the criminal judgment was issued, Fang Yi came to the detention center again to meet with Tan Peicai.

"I got the judgment yesterday, do you need an appeal?" Fang Yi looked at the opposite Tan Peicai and found that his spirit was much better than when he started.

"No appeal, I accept the judgment." Tan Pei did not hesitate.

"Well, as long as the public prosecution agency does not protest, even if your case is ended. You have been detained for more than three months before, and after the discount period, you can come out for more than eight months.

President Peng asked me to tell you that the family is very good. When you come out, she will arrange you to other companies and let you serve in the inside. "Fang Yi said.

"Well," Tan Pei nodded, and suddenly asked after a while: "Lawyer Fang, do you say I really did wrong?"

After a moment of silence, Fang Yi said: "There is no way to look back at this kind of thing. The legitimate defense limit stipulated in the law is impossible to achieve in many cases, because you can't control the rhythm at the scene of the incident.

For example, if you do n’t need a knife at that time, maybe the defendant is now the three people, and you may be lying on the hospital bed.

Some things are difficult to say right and wrong, but since they are done, they must bear the corresponding consequences. "

Tanpei nodded: "Well, I understand, thank you."

Fang Yi originally thought that Tan Peicai's case was just like this. I did not expect that the procuratorate ran to the dark and filed a protest.

The Procuratorate believes that the defendant's Tan Pei is subjectively to the intention of fighting. The illegal behavior of the victim does not harm the seriousness and urgency of the person.

Fang Yi received another 50,000 yuan lawyer fee. After the trial of the trial, the court of the second instance and the court of the first instance consistently, and finally ruled that the protest was rejected and the original judgment was maintained.

Nympho

Since Ma Yi and Fang Yi talked with Fang Yi, Fang Yi has been busy talking about Peicai's case. Shortly after the judgment of the first trial of the case of Tan Peicai, the Lawyer Zhao of Hua Liancheng team had eaten.

A private restaurant with a better private house.

"Lawyer Fang, there is no other meaning to ask you to eat today, mainly because I always asked you to discuss the case before, and delayed you a lot of time, so today I deliberately put the wine to thank you." Lawyer Zhao said with a smile: "I respect it first

You cup. "After that, he raised the wine glass.

Fang Yi smiled and touched the cup.

After Fang Yi put down the wine glass, he was chatting with Lawyer Zhao while eating. After drinking three patrols and five flavors, Lawyer Zhao felt that he was very casual, and asked, "Lawyer Fang, what do you plan in the future?

"?"

"I'm just a little lawyer, what can I have to have, continue to be a lawyer in the place, and make money." Fang Yi pretended to be a silly way.

"It's not what you say, you don't want to get more resources?" Lawyer Zhao picked up the bottle and poured a glass of wine for Fang Yi.

"What you say, who doesn't want to make resources and make money, but I am a third -level partner. The resources in the institute can't get in my hands at all, and I can't touch it." Fang Yi smiled bitterly.

The semi -true and semi -fake he said in this case, he really couldn't get the resources in the place, but Wan Kefa had previously exposed him to some of the resources, and he also had a few high charges of criminal cases. Fang Yi said so.

It was because he faintly noticed that there was something in Lawyer Zhao.

This reminds him of what Ma Yi said to him before.
Chapter completed!