Late at night by many people into the room beat, why for excessive defense?Here comes the chief judge…

2022-05-10 0 By

On January 29, 2022, Ji ‘an Intermediate People’s Court of Jiangxi Province sentenced appellant Wu mou to affray crime and intentional injury crime of the second instance, sentenced to three years in prison for affray crime, sentenced to five years in prison for intentional injury crime, several crimes combined punishment, decided to execute fixed-term imprisonment of six years and six months.After sentencing, Wu mou said to obey the sentence, plead guilty.On February 8, some media reported the case of a 16-year-old boy being beaten and killed by several people in Jiangxi province, which was reprinted by many media and caused a large number of netizens to watch and discuss.What is the truth?Does Wu mou constitute justifiable defense?In order to eliminate misunderstanding, the chief judge of the case answered questions about the key concerns of netizens.Q question one: Wu mou was beaten by many people, why the crime of intentional injury and affray two crime?Presiding Judge A: The crime of affray committed by Wu is the crime of affray committed in Yongxin County on February 27, 2020, which is not the same as the crime of intentional injury committed in A hotel in Anfu County on the early morning of May 8, 2020.This rise gather crowd fight crime fact is as follows: because knock wrong guesthouse door wu mou and Xiao mou armour produce conflict, both sides bear grudge and seek enemy each other for many times.In the evening of October 5, 2019, Wu found xiao a, Liu so-and-so online in the e-sports museum, they gathered Long, Wen, Zeng carrying knives to retaliate, causing Liu so-and-so minor injury secondary consequences (the fact of the crowd fighting, because Wu is not under the age of sixteen years of age without criminal punishment).XiaoYi (already sentenced) and others with XiaoMou armour, Liu Moumou and others to play good, because of the conflict, plus one (already sentenced) and so on, with the “boss” XiaoMou Wu Mou grievances, February 27, 2020, 1 PM, Wu Mou people encounter with one, XiaoYi etc, such as, one, XiaoYi, drive to chase Wu Mou etc. Car, Wu Mou through others learn XiaoYi and others is to revenge,Was called text from the hotel to take red tasselled spear on the cart, after Wu Mou driving with text, paragraph so-and-so, Zhu Mou, luo armor, and a man, a total of 6 people go out, and a royal and XiaoYi in yongxin county, “a hospital (public traffic) before crossing into, Wu Mou parking, one, XiaoYi, etc, with the axe cut Wu Mou and cars, such asWu mou after getting off with a dagger stabbed Xiao B and wen mou removed from the car red tassels gun chase each other, each other fled the scene.Wu Mou in the “2.27” affrays in fact behavior and both sides of the conflict is divided many times before, comprehensive development process were analyzed, and their behavior for supremacy of one party, revenge revenge, thrill-seeking, such as improper motivation, subjective initiative to fight, positive infringement deliberately, objectively prepared tools and participate in the fight with a gun,Disturbs social public order, its behavior already constituted affray crime.Q Question two: Is there any correlation between wu mou’s illegal activities and this case?A Presiding Judge:Trial found that during April 2019 to February 2020, Wu Mou and XiaoMou, Zeng Mou, Long Mou, such as text (already sentenced) are often tied together, by means of violence or threat, in many times in yunghsin county and shenzhen rape, forced prostitution, affrays, creating disturbances and other illegal and criminal activities, for the evil, oppressed the people,Disturb the order of social life, resulting in a relatively bad social impact.The criminal facts of other members of the gang have been judged by the relevant court.Wu mou is a member of the evil force gang, involved in the evil force gang illegal crime in three cases of picking quarrels and provoking trouble, an illegal detention, two affray facts, because of its at that time minors in accordance with the law not open trial that is in this case.Whereas he was under the age of 16 when he participated in the three acts of picking quarrels and provoking troubles, the one of illegal detention and the first of gathering people to fight, he shall not bear criminal responsibility according to law;However, when he participated in the second affray (namely “2.27” affray), he had reached the age of 16 and should bear criminal responsibility according to law.According to the original judgment, Wu mou was found to be involved in the criminal gangs of evil forces, and there is sufficient evidence to prove that it is fully in line with the law and the criminal policy provisions of the special struggle to eradicate criminal gangs.And because wu mou participated in the fact of the gang of evil forces crime, according to law should be severely punished.In particular here is that Wu mou involved in the evil force gang illegal criminal acts, is one of the facts of the case, rather than has been dealt with by the judicial authorities of the criminal record.Q question three: What is the specific fact that Wu mou commits the crime of intentional injury?A chief judge: at 10 o ‘clock on May 7, 2020, Xiao C and Wu two people will take A taxi through kuaofou know two anfu girl Xiao, Liu c received anfu county, in the hotel opened A room (room 410).2020 May 8 at 0 30 xu, Wang mou saw the girl liu mou c with Wu, Xiao, Xiao mou in the same hotel room, went to knock on the door to find Liu mou C.Wang mou feel Wu opened the door after the tone is not good and stared at him, to find the face, then knock on the hotel door of Wu mou, Wu colleagues Xiao C heard the knock loud, feel wrong, then call some with the shuttle.Wang mou to the hotel reception to take the total card to open the door, hand dagger, firewood knife into the room, the firewood knife leaning on the door of the wall, Zhu Mou, Li mou, Zhong xx, Peng XX follow Wang mou into the room.After entering the room, Wang pointed at Wu with a dagger, ask each other “with who”, and call the relevant personnel, the relevant personnel to mediate, Wang also called Wu called people come over, Wu will call Liu b with something.Zhu Mou during a call XXX (the victim) Yang, wang mou 3 people, 3 people just to the room, immediately Zhu Mou a shout “beat” and play Wu Mou slippers, Wu Mou counterattack, li mou some, wang mou, luo x 3 people also beaten Wu Mou together, Wu Mou out shopping carrying the dagger is controlled knives stabbing him, ROM so-and-so abdominal injuries,Li mou abdomen, hand injury, Zhu mou shoulder injury.Wang mou, Zhu mou and others immediately fled the scene, Wu mou saw the room after the knife discarded dagger picked up the knife to chase outside the hotel, Xiao Bing picked up Wu mou discarded dagger followed.Li mou mou, Zhu mou’s injury degree is slight injury.At 2:30 on the same day, Luo was stabbed by a sharp instrument in the abdomen, resulting in the rupture of the superior mesenteric artery and the rupture of the right renal artery.Li mou mou, Zhu mou’s injury degree is slight injury.Wu fled to Xinyu was arrested by the police, in the process of escape had asked for less than fourteen years old Xiao C for its crime.After the case, Wu family members and luo so-and-so family members reached a criminal reconciliation agreement, compensation for luo so-and-so family members 200,000 yuan and understanding.Q Question four: Wu was invaded into the hotel room and beaten late at night, why was it deemed as excessive defense?Judge A: First of all, Wu’s actions were defensive in nature.Wang mou one night about Liu Moubing Wu Mou rooms of go out to play, and glared at him for his bad feel Wu Mou tone and heart of discontent, intention back face, knocking at the door was rejected total card with the hotel under the condition of forced open the door, carrying daggers and wood chopper all tied into the hotel room, and holding a dagger query Wu Mou, Zhu Mou a certain, li mou and wang mou, so-and-so to Wu Mou slippers and kicking,The actual danger of harm to the personal safety of Wu mou, Wu mou in order to make their personal rights from the ongoing illegal infringement and counterattack, in line with the cause of defense, time, object conditions, its behavior has the nature of defense.Secondly, Wu mou’s behavior constitutes excessive defense.According to the regulations of the second paragraph of article 20 of criminal law, constitute the case of justifiable defense or excessive defense standards, is whether the defensive behavior “clearly more than necessary to limit”, according to the Supreme People’s Court, the Supreme People’s Procuratorate of the Ministry of Public Security of the system of justifiable defense in accordance with the guidelines, the provisions of article 12, the defense is “clearly more than necessary to limit”,The judgment should be made based on the nature, means, intensity and degree of harm of the unlawful infringement and the circumstances such as the opportunity, means, intensity and damage consequence of the defense, considering the strength contrast of both parties, based on the situation in which the defender defends and in combination with the general cognition of the public.If, after comprehensive consideration, the act of defense differs greatly from the unlawful infringement and is obviously excessive, it shall be deemed that the defense obviously exceeds the necessary limit.In the development process is divided into two stages, the first stage is wang mou one into the hotel room after a quarrel with Wu Mou, ask Wu Mou “who to follow”, and contact the related personnel, relevant personnel for mediation, wang mou a also called Wu Mou one party involved personnel to fight, at this time, wang mou a party not to fight, conflict has not been upgraded, illegal violation is not yet highly urgent,Wang is the implementation of such and such a party is nothing, try their best to provoke trouble behavior.The second stage is Zhu Mou a certain see its called li mou, wang mou, luo XXX after three people rushed to the scene, Zhu Mou suddenly throw it over Wu Mou slippers, li mou a particular, wang mou, luo so-and-so then come forward to beating Wu Mou with his bare hands, the 4 per capita unused wang mou a previously brought to the scene of the wood chopper and knife tools, such as wang mou one has not come forward to participate in the remaining four people such as Wu Mou beating.After the appraisal opinion proves that Wu mou does not constitute the injury level (note: “human body injury degree appraisal standard” points slight injury, minor injury, serious injury three levels).Wu took out the carrying control knife in a short period of time even stabbed three people, stabbed parts of the abdomen and other main parts of the human body, causing luo a superior mesenteric artery rupture, right renal artery rupture, acute blood loss death.In summary, Wu used a controlled knife to stab the other party, and the degree of violence of his behavior obviously exceeded the other party’s means of infringement, resulting in harmful consequences far different from illegal infringement. It should be identified as obviously exceeding the necessary limit and causing significant damage, and his behavior is excessive defense.Again, Wu mou’s behavior does not constitute special justifiable defense.The special defense system stipulated in paragraph 3 of Article 20 of the Criminal Law refers to an ongoing assault, murder, robbery, kidnapping or other violent crime that seriously endangers personal safety.”Physical assault” is usually a violent crime with high intensity, high urgency and danger. It must be a violent crime that seriously endangers the personal safety of others, which is equivalent to murder, robbery and other violent crimes.In this case, Wang and others entered the door after the conflict has not escalated, zhu and other 4 people beat Wu with their bare hands, hit parts and strength did not reach the intensity of serious threats to their personal safety, also did not produce serious harm to their personal safety consequences.In summary, Wu’s behavior belongs to excessive defense, according to the provisions of article 20 of the Criminal Law of the People’s Republic of China, should be reduced or exempted from punishment.But in this case wu mou’s behavior produced serious consequences, according to the law to its reduced punishment.Q Question 5: Why did the second instance change the sentence of Wu’s intentional injury crime?A Presiding Judge:Wu was others late at night swipe card into their own living hotel room, was beaten by many people, personal safety by a more serious threat, took out a dagger to stab each other, with excessive defense, minor crime, positive compensation and obtain understanding and voluntary admission of guilt and other statutory, discretionary lighter, lighter punishment circumstances,The original public prosecution organ Anfu County People’s Procuratorate recommended wu mou committed intentional injury crime sentenced to five years in prison without obvious improper, the original sentence to intentional injury crime sentenced Wu mou eight years in prison, sentencing is too heavy, according to the law changed to five years in prison.Q Question 6: Have other people involved in this case, including Wang, been investigated for criminal responsibility?A Presiding Judge: Everyone is equal before the law.Other persons involved in this case, whose acts constitute crimes, have been investigated for criminal responsibility according to law.Xiao and others evil gang crime case has been made by the Ji ‘an Yongxin County people’s Court in August 5, 2020 to the first instance, Xiao, Zeng, Long, Wen and other four people were sentenced to 12 years to four years in prison.Mustered many people into the hotel wang mou et al, has been by the Ji ‘an Anfu County people’s Court in December 28, 2020 to make a first instance judgment, wang mou et al six people committed the crime of provoking trouble, respectively sentenced to three years two months to one year three months in prison.In addition to the dead luo so-and-so, another person involved in the case is a minor, according to the law did not investigate criminal responsibility.After the first instance judgment of the above cases, the defendants all served their sentences without appeal, and the judgment has taken legal effect.Q7: Why is the case not held in public?Why not publish the judgment online?A Presiding Judge: In accordance with Article 285 of the Criminal Procedure Law of the People’s Republic of China and Article 557 of the Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of the People’s Republic of China, all cases where the defendant is under the age of 18 at the time of hearing shall not be heard in public.Because Wu mou court session is not more than 18 years old, our court is not open court hearing the case according to law.According to the requirements of Article 4 of the Provisions of the Supreme People’s Court on the Promulgation of judgment documents by the People’s Court on the Internet, “Juvenile criminal cases shall not be publicized on the Internet”, the judgment documents of this case shall not be publicized online according to law.Because wu’s mother in the first and second trial of the case several times to the relevant media one-sided disclosure of the case, caused public concern.Therefore, under the condition of protecting the defendant’s identity information in accordance with the law, the court makes this q&A to respond to public concerns.(Ji ‘an Intermediate People’s Court, Jiangxi province)