It turned out that Mr. Cui recognized the hero Lu. Before, Lu's father went to the shop opened by Uncle Cui to buy eggs, and had an argument with the clerk. After Mr. Cui was informed, in order to resolve the contradiction between the two sides, he specially asked someone to mediate, but Lu insisted on asking the clerk to apologize, and the clerk had left Ann for fear of retaliation. Mr. Cui proposed that his uncle apologize to Lu, and even offered some compensation, but Lu refused and the mediation failed.
Mr. Cui felt that he had little to do with himself and went back to the supermarket. Unexpectedly, Lu actually brought people into trouble after drinking. Mr. Cui saw that the situation was wrong and asked Lu and others to leave the supermarket, but they were rejected. After that, Mr. Cui asked his wife and children to hide in the house behind the supermarket and took a kitchen knife for self-defense.
Subsequently, Feng, a man walking with Lu, picked up the candy box in the supermarket and threw it at Mr. Cui. Mr. Cui took a knife and cut it at each other. Lu and others tried to stop Mr. Cui from behind. During the period, Mr. Cui scratched another man, Zhang, with a knife, and Lu and others left the supermarket. Mr. Cui stood in front of the supermarket with a knife, thinking it was nothing. Who knows, Feng, who left, actually came back to take bricks and wooden blocks and hit Mr. Cui twice. Fortunately, Mr Cui dodged and smashed the window of the supermarket. Mr Cui couldn't bear it any longer and stabbed Feng to death.
After the event, it was identified that the injuries of Zhang and Feng all reached the level of minor injuries. Lu et al. were administratively detained by the police on suspicion of stirring up trouble 10, and Mr. Cui was prosecuted for intentional injury. Mr. Cui and his defense lawyers believe that the violence of Lu and others against Mr. Cui is continuous and escalating. When Mr. Cui was infringed, he was forced to resist in order to protect his family and property from losses, causing Zhang and Feng to be injured. His behavior should belong to self-defense.
But the procuratorate believes that, first, Feng threw a candy box. From the common sense of life, it is very harmful. Mr. Cui directly attacked each other with a knife, which exceeded the necessary limit; Second, Zhang came with Lu Zhishen, just a helper. He didn't do it, but Mr Cui cut it. Therefore, after trial, the court of first instance found that Mr. Cui's behavior was suspected of intentional injury, but it was different from ordinary injury. This case belongs to the nature of excessive defense, so Mr. Cui was convicted of intentional injury, but he was exempted from criminal punishment.
Note that although exempted from criminal punishment, it is still a guilty verdict. In other words, Mr. Cui has a criminal record, which will not only have an impact on himself, but also have a greater impact on his children. He also needs to make civil compensation for the losses suffered by Zhang and others. So Mr. Cui appealed again. After trial, the court of second instance held that whether it constitutes justifiable defense needs to be determined strictly according to law, and factors such as the reason of defense, the time of unlawful infringement, the object of unlawful infringement, the protection interests, and the limit of defense should be comprehensively considered.
First of all, from the defense reasons, from the cause of action, the comparison of the number of people on both sides, and the context at that time, Mr. Cui felt that his personal and property safety was in danger, which was based on facts; Mr. Cui let his wife and children hide in the back room, and then took a knife against the other five people himself. This kind of defense belongs to human nature. Later, throwing candy boxes, bricks and wood at Mr. Cui caused Mr. Cui to be in a state of high tension, so there was illegal infringement.
Secondly, judging from the time of illegal infringement, although the case was interrupted, it has been in a continuous state, and the other party did not give up the attack after the interruption. From the point of view of the object of unlawful infringement, all kinds of infringements interact and the other party forms mental and physical pressure on people, which should be regarded as a whole, not a division. Therefore, although Zhang didn't do it directly, he followed Lu, which caused great pressure on Mr. Cui.
In addition, from the perspective of defense limits, Articles 1 1 3 of the Guiding Opinions on Justifiable Defense stipulate that excessive defense should meet two conditions: "obviously exceeding the necessary limit" and "causing significant damage", both of which are indispensable. ? "Causing great harm" means causing serious injury or death to the actor. Causing minor injuries and the following damages is not a major damage. Although the defensive behavior obviously exceeds the necessary limit but does not cause significant damage, it should not be considered as excessive defense. ?
What was the result after refusing to accept the appeal? In this case, Mr. Cui's defense only caused two minor injuries, which did not meet the above conditions of excessive defense. To sum up, the court of second instance corrected the wrong practice of the court of first instance that "whoever dies is right", changed Mr. Cui's innocence and vindicated Mr. Cui's innocence, and defended the jurisprudence that the law cannot bow to the law. Dear readers, what do you think of this?