1. Basic situation of the case
The case was opened for investigation by the Laiyuan County Public Security Bureau and transferred to the Laiyuan County People’s Procuratorate on October 17, 2018. Review prosecution. The court reviewed all case materials in accordance with the law and returned the case twice for supplementary investigation. On February 24, 2019, the Laiyuan County Public Security Bureau terminated the investigation on the grounds that Wang Xinyuan’s behavior was self-defense, lifted the bail pending trial, and re-transferred Wang Xinyuan and Zhao Yinzhi for review and prosecution on suspicion of intentional homicide. After review, the Laiyuan County People's Procuratorate found that:
During the winter vacation in January 2018, Wang Moumou went to Beijing as a waiter in the hotel where his mother Zhao Yinzhi worked, and met Wang Lei, who was working in the hotel. Wang Lei contacted Wang Moumou many times to request further contact, but was rejected. On April 28, 2018, Wang Moumou went to the restaurant in Beijing to find his mother Zhao Yinzhi. Wang Lei asked her out in the afternoon of the next day, and until four or five o'clock in the morning of the next day, she kept pestering Wang Moumou and forcibly prevented her from going back. After Zhao Yinzhi and others found out, they sent Wang Moumou back to his home in Laiyuan. Wang Lei chased him to his home and asked to meet but was refused. From May to June of the same year, Wang Lei came to Wang's house with sticks and knives to cause nuisance, threatened suicide, sent mobile phone text messages containing death threats, and threatened to kill Wang's brother and sister. He visited Wang's home and home six times. Schools and other places continued to harass and threaten Wang Moumou and his family. Wang Moumou's school has specially formulated an emergency plan to prevent Wang Lei. Wang Moumou and his family hid in county hotels and relatives' homes, and went to the public security organs in Laiyuan County, Zhangjiakou City, Beijing City and other places to call the police. The police of the public security organs repeatedly reprimanded Wang Lei to no avail. At the end of June 2018, Wang's family borrowed two dogs to protect the yard, installed monitoring equipment in the yard, placed shovels, kitchen knives, wooden sticks, etc. in the bedroom, and asked Wang to change the bedroom from time to time as a precaution.
At about 17:00 on July 11, 2018, Wang Lei arrived in Laishui County, purchased two fruit knives and Lei Feng gloves, booked a small truck, and took the reserved vehicle to Wang's home that night. At around 23:00, Wang Lei carried two fruit knives and a swinging stick over the wall into Wang's courtyard, causing the dog guarding the courtyard to bark. When Wang Xinyuan saw Wang Lei entering the compound with a murder weapon in his house, he asked Wang to call the police, then rushed out of the house with a shovel and started fighting with Wang Lei. Wang Lei chopped Wang Xinyuan's arm with a fruit knife (11 cm long and 2.4 cm wide). Later, Zhao Yinzhi ran out of the house with a kitchen knife and joined the fight. Wang Lei hit Zhao Yinzhi on the head and hands with a swing stick (metal, 51.4cm long), and Zhao Yinzhi's hand was knocked off by the kitchen knife. At this time, Wang Moumou also took out a kitchen knife from the house and ran into the courtyard. Wang Lei saw it and rushed towards Wang Moumou. Wang Moumou turned around and ran back, with Wang Lei chasing after him. Wang Xinyuan and Zhao Yinzhi chased Wang Lei to protect Wang Moumou, and the three of them struggled together. Wang Moumou stepped forward to pull her, but Wang Lei scratched her abdomen. Wang Lei grabbed Wang XX's neck with his right arm. Wang Xinyuan and Zhao Yinzhi rushed forward. Zhao Yinzhi stepped forward to pull Wang Lei, and Wang Xinyuan hit Wang Lei from behind with a shovel. Wang Lei dodged Wang XX's neck and pulled Wang XX to the ground. Wang XX broke free, got up, went back to the house, took out a kitchen knife, and chopped at Wang Lei. During this period, Wang Moumou returned to the house and used his mobile phone to call the police twice. Wang Xinyuan and Zhao Yinzhi continued to fight Wang Lei with wooden sticks and kitchen knives. Wang Lei fell to the ground twice and could not get up. Wang Xinyuan and Zhao Yinzhi were worried that he would get up and commit assault, so they hit Wang Lei with kitchen knives and wooden sticks one after another until Wang Lei stopped moving. Afterwards, Wang Xinyuan, Zhao Yinzhi and Wang Moumou waited in the yard for the police to arrive.
After identification, Wang Lei suffered multiple injuries to his head, face, occipital area, neck, shoulders, and arms, consistent with death due to craniocerebral injury combined with hemorrhagic shock; Wang Xinyuan suffered multiple stab wounds and scratches on his chest and arms. The injuries were minor injuries of the second level; Zhao Yinzhi's head and hand injuries, and Wang Moumou's abdominal injuries were all minor injuries.
2. Case Handling Opinions and Reasons
Justifiable defense stipulated in my country’s criminal law refers to protecting one’s own or others’ personal, property and other rights for the sake of the country and the public. Suffering from ongoing illegal infringement and adopting methods that cause or may cause damage to the illegal infringer to stop the illegal infringement. Paragraph 3 of Article 20 of the Criminal Law also grants citizens the right to special legitimate defense, which stipulates that "to take defensive actions against ongoing murders, robberies, rapes, kidnappings and other violent crimes that seriously endanger personal safety, resulting in unlawful infringement and casualties" It does not constitute excessive defense and does not bear criminal responsibility." The procuratorial organ believes that based on the facts ascertained during the review and the above-mentioned legal provisions, the actions of Wang Xinyuan, Zhao Yinzhi, and Wang Moumou in this case belong to special legitimate defense, and Wang Lei’s violent violations can be treated as unlimited defense without criminal liability.
First of all, Wang Lei's behavior of breaking into other people's houses at night with a weapon and causing harm is an act of violence stipulated in the criminal law. After Wang Moumou clearly refused to associate with him, Wang Lei still pestered, harassed, and threatened Wang Moumou and his family many times. He climbed over the wall with a weapon late at night and illegally invaded Wang Xinyuan's residence, and used fruit knives, swing sticks and other weapons that could seriously endanger personal safety. The murder weapon was used to continuously injure Wang Xinyuan, Zhao Yinzhi, and Wang XX, causing Wang Xinyuan to suffer minor injuries of the second degree, and Zhao Yinzhi and Wang XX to suffer minor injuries. The above circumstances are enough to prove that the personal and life safety of Wang Xinyuan's family of three are seriously threatened by violence and are in real and imminent danger. Wang Lei's behavior is a violent crime that seriously endangers personal safety.
2. The behavior of Wang Xinyuan, Zhao Yinzhi and Wang Moumou was defensive. Wang Lei carried knives and sticks over the wall and entered Wang Xinyuan's residence. He stabbed and scratched Wang Xinyuan and Wang XX with a fruit knife, injured Zhao Yinzhi with a stick, and strangled Wang XX's neck with his arm. It should be determined that Wang Lei had begun violent defense. Behavior. In order to protect their personal rights from the ongoing severe violence, Wang Xinyuan's family of three used shovels, kitchen knives, and wooden sticks to fight back against Wang Lei. This was justified as self-defense and did not constitute excessive self-defense.
3. After Wang Lei fell to the ground, Wang Xinyuan and Zhao Yinzhi continued to attack with knives and sticks, which was still defensive behavior. Wang Lei was tall, young and strong, and the weapon he held could seriously endanger personal safety. Although Wang Lei was knocked to the ground, he tried to get up twice. Wang Xinyuan and Zhao Yinzhi were not sure whether Wang Lei had been subdued at that time, because they were worried that he would commit illegal assault again. His behavior, and he continued to hit Wang Lei with a kitchen knife and a wooden stick, was closely consistent with the previous defensive behavior, and was an integration of defensive behavior.
Fourth, based on the circumstances of the crime scene, the intensity of Wang Xinyuan and Zhao Yinzhi’s defensive behavior cannot be too demanding. Wang Xinyuan's home is at the edge of the village, and the surrounding houses are uninhabited. It was late at night when the crime occurred, and there were no lights in the yard. Wang Lei suddenly climbed over the wall and entered the house with a weapon to commit violence. Wang Xinyuan and Zhao Yinzhi were frightened, highly nervous, and extremely frightened. Under the above circumstances, it is unreasonable and unrealistic to require them to immediately stop defensive behavior when it is impossible to judge whether Wang Lei will continue to commit offenses after he falls to the ground.
According to the spirit reflected in the twelfth batch of guiding cases of the Supreme People's Procuratorate and cases related to self-defense in recent years, the actions of Wang Xinyuan and Zhao Yinzhi in this case were self-defense and they were not criminally responsible. This kind of processing is conducive to stopping illegal infringements, safeguarding citizens' legitimate rights and interests, and safeguarding citizens' personal rights and residence safety.
On March 3, 2019, in accordance with the provisions of Paragraph 3 of Article 20 of the Criminal Law and Paragraph 1 of Article 177 of the Criminal Procedure Law, the People’s Procuratorate of Laiyuan County Wang Xinyuan and Zhao Yinzhi decided not to prosecute.
The above situation is now reported. Thanks to all sectors of society for their concern and support for the work of the Procuratorate.
People's Procuratorate of Baoding City, Hebei Province
?March 3, 2019
?Justifiable defense is a concept in civil and criminal law.
In order to protect the state, the public, the person, property and other rights of oneself or others from ongoing illegal infringement, actions taken to stop the illegal infringement and cause damage to the illegal infringer are considered legitimate defense and are not allowed to occur. bear criminal responsibility.
The specific conditions are: (1) the cause condition of legitimate defense, that is, the occurrence and existence of unlawful infringement; (2) the time condition of legitimate defense, that is, the unlawful infringement is in a state that has begun but has not ended; ( 3) The objective conditions of legitimate defense, that is, legitimate defense can only be implemented against the unlawful infringer himself, but not against the third party who committed the infringement; (4) The subjective conditions of legitimate defense. In terms of subjective conditions, my country's criminal law stipulates that "the positive basis for protecting the state, the public, the person, property and other rights of oneself or others from illegal infringement" is the first prerequisite for citizens to implement legitimate defense. That is to say, the implementation of legitimate defense must be for the purpose of protecting legitimate rights and interests from illegal infringement; (5) The limiting conditions of legitimate defense, that is, defensive actions cannot obviously exceed the necessary limits and cause significant damage, which means that defensive actions can only occur within the necessary limits. Continuing within the specified period shall not significantly exceed the necessary limit and cause significant damage.
It refers to a crime in which defensive behavior obviously exceeds the necessary limit and causes significant damage and should be criminally liable. The so-called excessive defense refers to acts of legitimate defense that exceed legal defense standards and therefore should bear criminal liability. It has positive significance in encouraging citizens to better exercise their right to legitimate defense, protect their legitimate rights and interests, and maintain social order. Paragraph 3 of Article 20 of my country's Criminal Law stipulates: Any person who commits an assault, murder, robbery, rape, kidnapping, or other violent crime that seriously endangers personal safety while taking legitimate defense and causing casualties to an unlawful offender does not constitute excessive defense and is not bear criminal responsibility.
?According to the provisions of Article 245, Paragraph 2, of the Criminal Law of the People's Republic of China, the crime of illegal intrusion into a residence refers to entering a citizen's residence against the will of the members of the residence or without a legal basis. , or the act of refusing to exit after entering a citizen's residence and being asked to exit. Judicial personnel who abuse their powers and commit the crime in the preceding paragraph shall be severely punished.
Article 39 of China's Constitution stipulates: "The residences of citizens of the Chinese People and the State are inviolable. Illegal searches or illegal intrusions into citizens' residences are prohibited." This provision is the constitutional source of Article 245 of the Criminal Law of the People's Republic of China.
The decision not to prosecute refers to a decision made when it is found that the defendant's behavior does not constitute a crime or there are other circumstances that should not be investigated for criminal liability according to law. The essence is that the People's Procuratorate made a decision to terminate the lawsuit.
?Article 15 of the Criminal Procedure Law of the People's Republic of China and the People's Republic of China stipulates: If there is any of the following circumstances that should not be investigated for criminal responsibility, and a case has been opened for investigation, the case shall be dismissed or no prosecution shall be conducted. Or acquitted:
(1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;
(2) The crime has passed the statute of limitations for prosecution;
(3) Those who have been exempted from punishment under the (3) amnesty order;
(4) The criminal suspect or defendant dies;
(5) In accordance with other legal provisions exempt from criminal liability.
In the above five situations, the People’s Procuratorate may decide not to prosecute.
?The crime of intentional homicide refers to the act of deliberately and illegally depriving others of their lives. It is one of the most serious crimes that infringes on citizens’ personal rights. The object of this crime is the right to life of others. The right to life is the most important personal right of citizens and no one may be illegally deprived of it. The objective aspect of this crime is the act of illegally depriving others of their lives. In actual cases, there are many ways to illegally deprive others of their lives, and the method used by the perpetrator does not affect the conviction of this crime. However, acts of self-defense, acts of the people's police performing their duties in accordance with the law, and acts of executing the death penalty on criminals in accordance with the law are not acts of illegally depriving others of their lives and do not constitute this crime.
Regarding the punishment for intentional homicide, the "Criminal Law" stipulates two levels of punishment: those who intentionally kill shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than ten years; those who intentionally kill, if the circumstances are relatively minor, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The "lighter circumstances" here can be considered in practice from the motive, cause, and consequences of the crime, such as killing out of righteous indignation. Legal basis: Article 232 of the Criminal Law of the People's Republic of China .
? Analyzing this case, Wang and Zhao only caused the murder in the process of defense, and there was no subjective intention. The parties in this case were in a specific situation and were in self-defense. There is no limit to behavior. Therefore, the murders committed by Wang and Zhao in this case do not constitute a crime. The Baoding People's Procuratorate accurately characterized the case, applied the law accurately, and the result was legal and reasonable, which promoted righteousness and made the handling conducive to stopping illegal violations. , is conducive to protecting the legitimate rights and interests of citizens, and is conducive to safeguarding citizens’ personal rights and residential safety. This case has achieved good social results.