On September 8, 2065438+0, the public security organ in Kunshan decided not to file a case on the grounds that Yu Haiming's behavior belonged to self-defense and he did not bear criminal responsibility.
The procuratorial organ believes that the third paragraph of Article 20 of China's Criminal Law stipulates that "taking defensive actions against ongoing violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, causing casualties of illegal infringers, is not excessive defense and does not bear criminal responsibility."
According to the above provisions and the facts ascertained, Liu Hailong, the deceased in this case, was murdered with a knife. In order to protect his personal rights from the ongoing violence, Yu Haiming took action to stop the violence against Liu Hailong, which belongs to self-defense, and its defensive behavior caused Liu Hailong's death without criminal responsibility.
The handling of this case by the public security organ complies with the law.
Extended data:
From the legal point of view, the self-defense system is a self-defense behavior against the ongoing illegal infringement. What does not exceed the reasonable limit is self-defense, which causes damage to the illegal infringer, mainly personal injury, and does not bear criminal responsibility. If it goes beyond necessity and causes great damage, it is excessive defense and should bear criminal responsibility.
Infinite defense right is also called excessive defense, preventive justifiable defense, special defense right, special defense right and so on. These concepts all belong to the category of self-defense.
The so-called unlimited defense right refers to citizens' legitimate defense behavior under certain circumstances, without necessary restrictions, and they are not criminally responsible for any consequences of their defense behavior. Unlimited defense right is the right of citizens to take defensive actions under certain circumstances without intensity restrictions.
References:
People's Daily Online-The parties consider it as self-defense and bear no criminal responsibility.