265438 At 0: 35 pm on August 27th, 2065438, a criminal case occurred at the intersection of Zhenchuan Road and Shunfan Road in Kunshan Development Zone, Jiangsu Province. A car and an electric car had a minor traffic accident in Kunshan. When the two sides argued, a man in the car took out a knife and cut it at the cyclist. Then the long knife accidentally landed, and the cyclist picked it up and chased the man with a knife. The man was chopped and fell in the grass.
As of August 28th, 20 18, the case resulted in Liu's death in the BMW and the cyclist's injury. On the evening of August 28th, 20 18, Kunshan City Procuratorate announced its early involvement in the investigation. The case is under further investigation.
On September 1, 2065438, the Public Security Bureau of Kunshan City, Jiangsu Province issued a circular on the case of Yu Haiming's death in Liu Hailong, Zhenchuan Road, Kunshan City. According to the circular, Yu Haiming's behavior belongs to self-defense and bears no criminal responsibility. Yu Haiming's case was dismissed by the public security organs according to law.
Stabbing the boy to death when he was robbed is considered as self-defense.
20 103 14 at 3 o'clock in the afternoon, Wang, aged 19 and 15, saw Xie, aged 13, and his classmates Hu and Zhang walking towards the Internet cafe, so they stopped him and took him to the living area of a factory.
Sun and Wang asked Xie and others to hand over cash and mobile phones. After Xie and others handed over cash and mobile phones to Sun and Wang, Sun went forward to search Xie's clothes pockets. In desperation, Xie stabbed Sun in the left abdomen with a spring knife he carried with him. Wang was stabbed in the upper left chest by Xie when he was pulling Sun.
Sun and Wang fled the scene after being injured, and both died of excessive blood loss.
After the incident, the public security organs launched an investigation. After finding out the case, they reported it to the procuratorate for review, believing that the case was "justifiable defense" and Xie was not criminally responsible.
After the deceased, Wang's parents filed a civil lawsuit with the local grass-roots court, demanding that Xie compensate the two deceased for various economic losses totaling 37,9921.24 yuan. Recently, the local grass-roots court made a first-instance judgment: rejecting the plaintiff's claim for compensation. This case has aroused great repercussions in the judicial circles, and whether the defendant should pay compensation has become a hot topic in the judicial circles.
Extended data:
While killing in self-defense, you don't need to bear civil liability.
General principles of the Civil Law Article 128 If damage is caused by justifiable defense, it shall not bear civil liability. If justifiable defense exceeds the necessary limit and causes undue damage, it shall bear corresponding civil liability.
Take the anti-killing case in Kunshan as an example:
Kunshan police informed that Yu Haiming, the "anti-killer", acted in self-defense and did not bear criminal responsibility. People in the legal profession said that Yu Haiming, as a defender, does not bear any liability for compensation, but has the right to claim compensation from the infringer.
Yi Shenghua, a criminal debate lawyer, believes that according to the Tort Liability Law, if a lawsuit is filed, it should be an infringement lawsuit. Yu Haiming has been recognized as self-defense, which means that his behavior is not an infringement, and there is no compensation. "You can even file a counterclaim and ask the other family members to pay medical expenses and lost time from their inheritance."
Peng Fang, an associate professor at the School of Criminal Justice of China University of Political Science and Law, was the first to publicly state in Hamming after the incident that it should constitute self-defense. He told the Beijing News reporter that this determination made by Kunshan judicial organs has important legal significance, which not only conforms to the sense of social justice, but also makes a decisive and neat judgment, and also sets an example for the whole country, effectively preventing major illegal acts that may occur in small disputes. ".
Peng Fang further pointed out that the criminal aspect of the above cases was defined as self-defense. According to Article 30 of Tort Liability Law, if the damage caused by justifiable defense is irresponsible, then Yu Haiming does not need to make civil compensation for the infringer.
Second, Yu Haiming was injured when he was infringed, and his defender was infringed. According to the General Principles of Civil Law and Tort Liability Law, he has the right to claim compensation from the infringer, namely Tattoo Brother. "But at present, the subject of compensation has been eliminated, and the illegal infringer has been hacked to death. He has the right to claim compensation from his relatives and use the infringer's legacy to make compensation."
Peng Fang said that if the civil lawsuit is ignored, Yu Haiming can not prosecute, but once the prosecution law should be supported, the infringer's family's lawsuit against Yu Hailong for compensation will be rejected.
References:
Baidu Encyclopedia-Collect the case of chopping people with a knife in Kunshan on August 27th.
People's Daily Online-The boy was stabbed to death when he was robbed. The two robbers were found to be defending themselves.
Does Kunshan anti-killer bear civil liability for compensation? Expert: No compensation is needed.