I. Basic information of the case
2065438+265438+At 0: 30 on August 27th, 2008, a BMW driver stabbed others with a knife and died. After receiving the police, the public security organ rushed to the scene to investigate and deal with it, and filed a case for investigation on the same day. The procuratorate attaches great importance to this case. Kunshan City Procuratorate immediately dispatched personnel to intervene in the investigation activities in advance according to law, consulted the evidence materials of the case, put forward opinions and suggestions on the investigation and evidence collection and the application of the law, and performed the duties of legal supervision according to law. Jiangsu Provincial Procuratorate and Suzhou Procuratorate sent personnel to guide in time, and the Supreme People's Procuratorate also expressed concern about this case.
The public security organs found out that Liu Hailong drunk driving Anhui AP9G57 BMW (tested, the blood alcohol content was 87mg/ 100ml), carrying Liu Moumou (male), (female) and Tang Moumou (female) to Zhenchuan Road in Kunshan City, forcibly breaking into the right non-motorized vehicle lane, and almost touching the normal cyclist Yu Mingming, and the two sides had an argument. After being persuaded by colleagues from both sides, the traffic dispute basically subsided, but Liu Hailong suddenly got off the bus, pushed forward and kicked Hamming. After being stopped, Liu Hailong continued to chase after him, then returned to the BMW, took out a machete (identified as a sharp double-edged knife, with a total length of 59 cm, of which the blade was 43 cm long and 5 cm wide, which was a controlled knife), and hit Hamming's neck, waist and legs continuously with a knife. During the strike, the machete was thrown away and Yu Haiming seized it. In the fight, he stabbed Liu Hailong five times and chopped for seven seconds. After Liu Hailong was injured, he ran to the BMW. Yu Haiming continued to chase and cut twice, but missed. Liu Hailong ran to the northeast of BMW, but Yu Haiming chased him for several meters and was stopped by his colleagues. After that, he returned to the BMW, took out Liu Hailong's mobile phone from the car and put it in his pocket. After the police arrived at the scene, Yu Haiming took the initiative to hand over the mobile phone and machete to the police (Yu Haiming claimed to take Liu Hailong's mobile phone to prevent the other party from calling the convener for revenge).
Liu Hailong died on the same day after being taken to hospital for emergency treatment. After forensic identification and video surveillance, it was found that Liu Hailong was stabbed five times in a row, of which 1 was stabbed in the left abdomen, which caused the abdominal vein, intestine and mesentery to rupture; The other four knives caused five open wounds and three fractures in the left hip, right chest, right upper arm, left shoulder and left elbow in turn, and died of hemorrhagic shock.
After physical examination, Yu Haiming found 1 striped contusion in the left neck and 1 striped contusion in the left chest.
Second, Hamming's behavior belongs to the analysis of self-defense.
The third paragraph of Article 20 of China's Criminal Law stipulates: "Taking defensive actions against violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in unlawful infringement of human casualties, is not excessive defense and does not bear criminal responsibility." According to the facts of this case and the existing evidence, the procuratorial organ believes that Yu Haiming belongs to self-defense and does not bear criminal responsibility.
1. Liu Hailong started making trouble and made mistakes first. Judging from the cause of action, Liu Hailong drunk driving, changed lanes illegally, took the initiative to make trouble, and sought trouble; Judging from the development of the situation, Liu Hailong first pushed and shoved, then punched and kicked, and finally struck with a knife, and the illegal infringement escalated step by step.
Yu Haiming is facing a real danger that seriously endangers its personal safety. This case is an "ongoing murder". The double-edged sharp knife used in Liu Hailong is a controlled tool prohibited by the state and belongs to the murder weapon stipulated in the criminal law. He hit other people's neck and other key parts with a murder weapon, which seriously endangered Hamming's personal safety; After the machete fell to the ground, it immediately struggled forward, showing no sign of giving up. Liu Hailong got up after being injured and immediately ran to the car where the machete had been placed-Yu Haiming did not rule out the possibility of taking out other "murder weapons" from the car. Although the machete changed hands, the danger has not been eliminated, and Yu Haiming's personal safety has always faced urgent and realistic dangers.
3. Yu Haiming's action of grabbing a knife and striking back is a normal reaction in a hurry, which meets the special defense requirements. After Yu Haiming grabbed the knife, he stabbed Liu Hailong five times in a row, and all the scars were formed within 7 seconds. In the face of the escalating illegal infringement emergency, it is difficult for ordinary people to accurately judge how much damage they may suffer, and then calmly convert the equivalent defense force. The law will not force others to do it, so the criminal law stipulates that there is no limit to excessive defense in the face of serious violent crimes such as beatings. The procuratorate believes that Yu Haiming's counterattack against the waving long knife is a normal reaction in a hurry, and he cannot be expected to accurately control the strength and position of the stab. Although it caused the death of the illegal infringer, it met the special defense requirements and did not need to bear criminal responsibility according to law.
4. From the perspective of the system value of justifiable defense, priority should be given to protecting defenders. There is no need for legal concessions to illegality. The essence of self-defense lies in "fighting evil with right", which is the counterattack of just behavior against illegal infringement. Therefore, the priority protection status of defenders in criminal law should be clarified. In practice, many violations are sudden and hasty, and it is often difficult for defenders to accurately judge the nature and intensity of violations in a state of haste and tension, and it is also difficult to comprehensively and carefully choose the corresponding defense means. In fact finding and legal application, judicial organs should fully consider the emergency faced by defenders, accurately apply the legitimate defense clause according to law, and protect the legitimate rights and interests of defenders, thus establishing a good social value orientation. In this case, traffic violations in Liu Hailong ranked first, and knife attacks ranked first. In the face of this illegal invasion, Yu Haiming has the right to defend itself according to the law.
All walks of life are highly concerned about this case, especially netizens, experts, scholars and lawyers actively put forward opinions and suggestions, rationally express their opinions and demands, and promote the handling of cases according to law. Jiangsu Provincial Procuratorate expressed its heartfelt thanks.
Personal safety is the most basic requirement of every citizen. In the face of the serious and urgent harm caused by illegal acts, the law should guide and encourage citizens to save themselves bravely and persist in fighting against illegal and infringing acts. Judicial organs should shoulder the responsibility of advocating fashion and promoting healthy trends, and procuratorial organs will also protect the people's legitimate defense rights according to law and earnestly safeguard the legitimate rights and interests of the people.
Source:? Jiangsu procuratorial online