Why does Yu Huan have “no urgency to defend”?

The court of first instance held that Yu Huan had been entangled with multiple debt collectors for a long time, was unable to handle conflicts correctly, and stabbed multiple people with a sharp knife, which constituted the crime of intentional injury. In view of the victim's fault, Yu Huan truthfully confessed and sentenced him to life imprisonment. Why not admit self-defense? The court explained that although Yu Huan's personal freedom was restricted at that time, he was also insulted and abused by the other party, but no one used tools. Since the police from the police station have already dispatched the police, the threat to the life and health rights of the defendant Yu Huan and his mother is relatively small, and "there is no urgency of excessive defense."

To this end, the West China News-Cover News reporter interviewed Lawyer Wang, a partner of the law firm. Wang said that based on current media reports, stabbing and humiliating Yu Huan's mother constituted legitimate defense and should not bear criminal responsibility.

He believes that legitimate defense has three characteristics: targeting illegal infringement; and targeting the illegal intruder when the illegal infringement is ongoing.

According to media reports, first, Du Zhihao and others committed illegal infringement. Because debt disputes involve usury, the benefits obtained are not protected by law. According to Aunt Yu Huan, the money has actually been paid back. Even if there are still 17,000, it is just a small tail, far from allowing Du Zhihao and others to continue to be violent.

On the day of the incident, Du Zhihao and his people continued to demand the loan shark debt. According to the circumstances reported by the media at the time of the incident, the actions of Du Zhihao and others may have been suspected of criminal acts such as provocation, forced molestation, illegal detention, etc. The violent methods used may also be suspected of robbery or kidnapping.

Secondly, the illegal infringement is ongoing, and Yu Huan’s defense is also directed at the illegal intruder himself.

Because the illegal infringement by Du Zhihao and others lasted for more than an hour, someone called the police during this period. When the police arrived, they just asked Du Zhihao and others not to hit anyone, and then left. "Seeing the police leaving, an emotional Yu Huan stood up and rushed out, but was stopped by Du Zhihao and others. In the chaos, Yu Huan took out a knife from the table in the reception room, and Du Zhihao, Yan Jianjun, Cheng, and Guo Yangang were stabbed."

In addition, Wang said: Yu Huan’s behavior also constitutes special defense, that is, defensive behavior in response to ongoing violent crimes such as murder, murder, robbery, rape, and kidnapping that seriously endanger personal safety, resulting in illegal If an offender causes injury or death, it does not constitute excessive defense and he will not be held criminally responsible. Du Zhihao and others are suspected of provoking quarrels, beatings, forced molestation, and taking off pants, and may commit other criminal acts at any time. Wang believes that Du Zhihao and others have committed crimes, and their violent behavior goes far beyond robbery and kidnapping in the general sense, and has seriously endangered the personal safety of Huan and his mother. Therefore, Yu Huan's actions were self-defense and should not bear criminal liability.