While the two sides were checking the surveillance, Lei took the opportunity to escape and catch up with Hu. When catching up with the parking lot outside the shopping mall, Hu kicked Lei three more times. He missed the first two times and kicked Lei down the third time.
On the same day, when the public security organ intervened in the investigation, Lei confessed to the indecent act, compensated the girl 3 yuan, and signed a mutual non-prosecution agreement. On June 6, the police called Hu, saying that Lei was injured in a fall that day and was hospitalized. On June 1th, Hu's father gave Lei 1, yuan for surgery.
On July 14th, the two sides mediated at the police station, and Lei demanded compensation of 2, yuan. Due to the large amount, the two sides failed to reach an agreement. On August 21, 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.
Problems in the case
First of all, the boy Hu had an argument with the chest attacker Lei on June 1st, but he was not injured until June 6th. Can the current evidence prove that Lei's injury is directly related to Hu? This is not clear at present.
Secondly, Lei's behavior is to slander others by force and has been suspected of committing a crime. Hu's pursuit of thunder is justified and belongs to criminals. According to Article 84 of the Criminal Procedure Law, any citizen who commits a crime can turn himself in or be found out immediately after committing the crime.
Finally, why didn't the public security organs file a case against Lei's compulsory indecency? According to Article 19 of the Criminal Procedure Law, when a public security organ discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction. The agreement signed by ray has proved that he has committed indecency.
does it constitute self-defense?
in order to protect the state, public interests, the person, property and other rights of oneself or others from ongoing unlawful infringement, stopping the unlawful infringement and causing damage to the unlawful infringer, it belongs to self-defense and does not bear criminal responsibility.
The implementation of self-defense must meet certain conditions: 1. There must be realistic unlawful 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.
Case studies show that fighting criminals is risky.
In this case, Hu used violence to prevent Lei, who was suspected of committing a crime, from leaving. In fact, this often happens, and many people are sentenced for it. The author finds two cases for your reference.
case 1: case number (218) Guangdong 1881No .. The first sentence is 317. The defendant Lin's motorcycle was stolen by He, and he was illegally detained and beaten by others, which eventually led to He's death. Finally, Lin was sentenced to five years in prison.
Case 2: CaseNo. (213) Tian Xing Chu Zi Nuo. Liu entered Yao's house to steal. After Yao found out, he called two colleagues to arrest Liu and beat him after controlling Liu, causing Liu to be slightly injured. In the end, the court found Liu guilty of intentional injury and was exempted from criminal punishment.
Write at the end
Through the above cases and the case of Yongzhou, Hunan, the author suggests that we must be cautious in the process of controlling criminals. If the criminal is injured, I guess I will bear criminal responsibility.
At present, China's judicature is generally based on the theory of results, and compulsory molestation of others will be ignored without causing any serious consequences. However, if criminals cause harm, they need to bear criminal responsibility.
In my opinion, the judicial organs should change the current situation of "whoever is miserable is justified" and take appropriate measures to control criminals, even if minor injuries are caused.