According to the facts ascertained in the investigation and the opinions and suggestions of the procuratorial organs, according to the third paragraph of Article 20 of the Criminal Law of People's Republic of China (PRC), "Taking defensive actions against ongoing violent crimes such as murder, robbery, rape and kidnapping that seriously endanger personal safety, and causing casualties of unlawful infringers, it is not excessive defense and is not criminally responsible", and Yu Ming's actions belong to justifiable defense and are not criminally responsible. The main reasons are as follows:
(1) Liu Hailong's behavior belongs to "intentional homicide" in the sense of criminal law. According to the third paragraph of Article 20 of the Criminal Law, the core of judging "beating" is whether it seriously endangers personal safety. In judicial practice, whether it is a "crime" should not be judged rationally by the defender in an emergency, let alone on the premise that the defender suffers actual harm, but should be judged according to the specific scene and the general public's cognitive level. In this case, Liu Hailong attacked with his bare hands first, and then struck with a knife continuously. His behavior has seriously endangered Hamming's personal safety, and his illegal infringement should be considered as "injury crime".
(2) Liu Hailong's illegal invasion is a continuous process. In the whole case, when the dispute between the same passenger and Hamming basically subsided, Liu Hailong got drunk and made trouble. First I got off the bus and punched Hamming, then I went back to the car and took out a machete. After hitting Hamming several times in a row, the illegal infringement escalated. Liu Hailong's machete fell to the ground, and then stepped forward and grabbed the knife. After Liu Hailong was injured, he still showed no sign of giving up the attack. Yu Haiming's personal safety has been threatened by the violence in Liu Hailong.
(3) Yu Haiming's behavior is for defensive purposes. In this case, after Yu Ming grabbed the knife, he stabbed Liu Hailong with five knives in seven seconds, and missed two knives when chasing. Although there was time interval and space distance, it was a continuous behavior. In addition, Yu Haiming stopped chasing and returned to BMW to search Liu Hailong's mobile phone, in order to prevent the other party from gathering people to retaliate and protect his personal safety, which was in line with the intention of self-defense.
Extended data:
Legal concept of self-defense:
Self-defense refers to the act of stopping the illegal infringement against the person who is committing the illegal infringement, causing certain damage to the illegal infringer. It belongs to self-defense and does not bear criminal responsibility. ?
According to the provisions of Article 20 of the Criminal Law, in order to protect the state, public interests, the person, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.
Unlimited defense refers to taking defensive actions against violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in unlawful infringement of personal casualties. It is not excessive defense, but it still belongs to legitimate defense and does not bear criminal responsibility. If justifiable defense exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
References:
Baidu encyclopedia-self-defense? The Supreme People's Procuratorate-Report on the case of Yu Haiming causing Liu Hailong's death.