Dear presiding judge and judge: After accepting the entrustment of the defendant's relatives and obtaining my consent, our lawyer Li X and our lawyer will appear in court as their defenders to defend him. Just after the court investigation, I listened carefully to the indictment issued by the prosecutor. Before expressing our defense opinions, as defense lawyers, we first express our deep apologies for the harm caused to the victims in this incident. The following defense opinions are put forward for the collegial panel's reference when sentencing the defendant: First, the defender believes that the defendant's behavior is more in line with the crime of intentional injury caused by excessive defense, that is to say, it constitutes the crime of intentional injury but has the plot of excessive defense. Reason 1: It is concluded that the crime of intentional injury cannot be attributed objectively, and we can't just look at the consequences of the behavior without considering other aspects. After all, it should be determined according to the intentional content of the perpetrator, that is, the defendant. In view of this case, the defendant did not intentionally hurt subjectively. Reason 2: From the subjective analysis of the crime of intentional injury, the subjective manifestation of intentional injury is that the actor knows that his behavior will hurt others' health and hopes or lets the injury result happen. Intentional crime here includes direct intention and indirect intention. However, from all the evidence provided by the public prosecution agency, in the section of the defendant hurting the victim with a knife, the witness testimony is contradictory, that is, there is no evidence to prove that the defendant has intentional injury. Whether directly or indirectly. At best, it is intentional injury caused by excessive defense. Reason 3: As far as the constitutive elements of the plot of excessive defense are concerned, the defendant has obviously indirect intention subjectively. When he was beaten by two people, he instinctively hurt the victim in order to protect himself. The process and time are very short. Moreover, at that time, the defendant did not know which part of the victim's body was stabbed, which means that the defendant's intention constituted indirect intention at most; The objective aspect of excessive defense means that the defender (that is, the defendant himself) has committed a criminal act that obviously exceeds the necessary limit of legitimate defense in the process of stopping the ongoing illegal infringement, causing great damage. Therefore, combined with the second paragraph of Article 20 of the Criminal Law, "If justifiable defense obviously exceeds the necessary limit and causes great damage, it shall bear criminal responsibility, but the punishment shall be mitigated or exempted". Combined with the objective facts ascertained in this case, it should be considered that the defendant had excessive defense. Based on the above reasons, the defender believes that the defendant's behavior should be recognized as intentional injury caused by excessive defense.
legal ground
Article 20 of the Criminal Law of People's Republic of China (PRC) * * * In order to protect the national interests, the public, the person, property and other rights of oneself or others from the ongoing unlawful infringement, and stop the unlawful infringement, which causes damage to the unlawful infringer, it belongs to self-defense and does not bear criminal responsibility.
If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties of illegal infringers, is not excessive defense and does not bear criminal responsibility.