However, Song Liying has always insisted that she acted in self-defense rather than excessive self-defense. Therefore, I have been appealing, but after the first trial and the second trial, the court held that although Zhang first provoked troubles and broke into other people's homes privately, there was indeed misconduct, but the other party 1 died and was injured in three places, which obviously exceeded justifiable defense and belonged to excessive defense. Song Liying was still serving his sentence in prison, but Song Liying's family never gave up his complaint. The court accepted the complaint materials again and decided to retry the case.
First of all, we must understand what self-defense is. In China's criminal law, in order to protect national interests, public interests or the personal and property safety of oneself and others from unlawful infringement, measures can be taken to stop it. If the unlawful infringer is harmed in the process of stopping it, it belongs to self-defense and does not need to bear criminal responsibility.
But self-defense needs to meet three conditions. First, it must be illegal infringement. Second, illegal infringement is going on, and third, the need for self-defense has not exceeded a certain limit. The limit here is a vague concept for many people. There are indeed many people who think that the limit is too active to accurately judge what is beyond the limit, but it can be seen from this case that 1 person's death seems to have exceeded a certain limit.
But the problem in this case is that if Song Liying doesn't take necessary measures for these people, he will probably be injured and die. Moreover, according to Song Liying, his relatives were in the room at that time. If he could not move after being injured, he could not guarantee the safety of his family, so this was also an important reason for his excessive defense. Therefore, there are indeed many doubts in this case, and there is evidence that Zhang and others really want to kill, so they fought back and killed each other.
Moreover, it is doubtful that this case was identified as a fight by the court. After all, there was a quarrel between the two sides on the phone, and several people came to fight, and there were unexpected casualties in the process. This has also caused some contradictions in the application of the concept of self-defense, but how to determine the specific need to wait for further trial by the court, I believe it will give Song Liying justice. At the same time, people should look at problems rationally, learn some legal knowledge and protect their legitimate rights and interests.