Paragraph 3 of Article 20 of the Criminal Law of People's Republic of China (PRC) stipulates that taking defensive actions against ongoing violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, and causing casualties of unlawful infringers, is not excessive defense and does not bear criminal responsibility.
On September 1, 2065438, police in Kunshan, Jiangsu Province reported that a traffic dispute in Kunshan caused one death. After careful investigation, they asked the procuratorate to intervene in advance. According to the facts ascertained through investigation, and listening to the opinions and suggestions of the procuratorial organs, according to the provisions of the third paragraph of Article 20 of the Criminal Law of People's Republic of China (PRC), Yu Ming's behavior belongs to self-defense and bears no criminal responsibility.
The public security organ revoked the Haiming case according to law.
On September 1 2065438, the Kunshan Municipal People's Procuratorate informed the society that in this case, the deceased Liu Hailong attacked with a knife. In order to protect his personal rights from the ongoing violence, Yu Haiming took actions to stop the violence against the infringer Liu Hailong, which was a legitimate defense, and his defensive actions caused Liu Hailong to die, and he was not criminally responsible. The handling of this case by the public security organ complies with the law.
Extended data:
"Kunshan Chopping Case":
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 BMW and an electric car had a minor traffic accident in Kunshan. During the dispute between the two sides, Liu Hailong, a man in the BMW, took out a knife and cut it at the cyclist Yu Haiming. After that, 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.
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.
On March 19, 12 and 20 19, the work report of the Supreme People's Procuratorate was released, and the Kunshan "anti-killing" case was written into the work report of the Supreme People's Procuratorate.
People's Daily Online-Jiangsu Provincial People's Procuratorate explains in detail why the "Kunshan hacking case" belongs to self-defense.