On the afternoon of June 1 Sunday, 2020, at about 17, Hu, a boy of 18 years old, and Li, a girlfriend of 17 years old, were touched by 52-year-old Lei. After the dispute between the two sides, when checking the monitoring, Lei took the opportunity to escape and her boyfriend Hu caught up. When catching up with the parking lot outside the mall, Hu kicked Mou Lei three times, but missed twice before, and kicked Lei Mou down for the third time. On the same day, the public security organ intervened in the investigation, and Lei confessed to the indecent act, and compensated the girl 300 yuan, and signed a mutual non-prosecution agreement. On June 6, the police called Hu, saying that Lei had fallen and was hospitalized that day.
On June 10, Hu's father paid10,000 yuan for the operation.
On July 14, both parties mediated at the police station, and Lei demanded compensation of 200,000 yuan. Due to the large amount, the two sides failed to reach an agreement. On August 2 1 day, Hu was criminally detained by the public security organs on suspicion of intentional injury.
After judicial appraisal, Lei constituted a minor injury in the second degree. Subsequently, Hu was arrested by the public security organs for intentional injury.
So is this a crime or self-defense?
China's legitimate defense has a clear boundary, that is, in order to protect the state, the public, the person, property and other rights of oneself or others from the ongoing illegal infringement, to stop the illegal infringement and cause damage to the illegal infringer, it belongs to legitimate defense and does not bear criminal responsibility.
The implementation of self-defense must meet certain conditions: 1, and there must be realistic illegal infringement; 2. The unlawful infringement must be continuous; We must protect ourselves from illegal infringers; 4, shall not significantly exceed the necessary limit of causing significant damage. Pay attention to the second point, the illegal infringement must be ongoing. In this case, Lei's act of molesting Hu's girlfriend has ended, and Hu's act of chasing Lei behind his back is not justifiable defense.
Because Xiao Hu's behavior does not constitute a courageous act, he is indeed responsible for Lei's minor injuries, and intentional injury causes minor injuries, which constitutes a crime. Unfortunately, Xiao Hu has become a suspect in the crime of intentional injury, and it is an effective measure to take criminal detention on the suspect during the investigation of the case, but it is still inconclusive whether Xiao Hu's behavior itself constitutes a crime. At least his subjective mentality is not bad, it will not cause harm to society, and the situation is not urgent or can be inferred. Just restrict travel, file a case for investigation, collect evidence, apply for inspection, and the procuratorate will file a public prosecution with the court, and finally wait for the court to decide. There is no need for public security organs to be so unreasonable.
Personal summary:
1. Look at it rationally and wait for the final result. The negation of justice and negative emotions are mainly due to irrationality.
2. "The legal system of public opinion" does more harm than good, and it is right to report it truthfully, but it is extremely sinful to deliberately guide and create contradictions in order to attract attention.
People should discuss the law rationally on the basis of understanding the law, instead of denying the law only through their own subjective assumptions.