Lawyer's character

“The ‘murderous’ behavior specified in Paragraph 3 of Article 20 of the Criminal Law refers to illegal harming behavior that seriously endangers personal safety, such as using a weapon to commit violence and causing serious injury.

According to the provisions of this paragraph, as long as the above conditions are met, there are no legal restrictions on the defensive methods and results caused by the defender. Even if it causes casualties to the unlawful intruder, it does not constitute excessive defense according to law and will not bear criminal liability.

In this case, it was a reasonable and legal act for the defendant Ren Yujiang to demand money from the victim Xiang Huai. After eating, Xiang Huai not only refused to give him money, but also retaliated against the defendant, causing quarrels and troubles after being reasonably asked for the money he owed. This shows that the victim is responsible for the cause of this case.

On the day of the incident, although Ren Yujiang took a sharp knife from the kitchen and carried it with him, he did not take the initiative to use it. Moreover, he prepared it for self-defense after hearing that Xiang Huai and others came to the store to cause trouble again. This is reasonable and not for a fight. And prepare.

Fighting is an illegal act, which is characterized by the fact that the participants in the fight have the intention to illegally harm each other, and the actions of both parties are illegal. In this case, the defendant had no intention of illegally harming the victim before the victim committed the violent act.

On the day of the incident, Xiang Huai and Che Yong gathered people to stir up trouble at Ren Yujiang's hotel, and slashed Ren Yujiang's right arm and head with a watermelon knife, which constituted an act of serious infringement on the personal safety of others.

After being slashed twice, Ren Yujiang was forced to fight back with a sharp knife. During this period, he struck back at Che Yong who was holding a wooden chair and smashed him. After grabbing Xiang Huai's watermelon knife, he stopped his defensive behavior. This shows that the defendant Ren Yujiang was forced to carry out defense, and the time and object of his defense complied with the legal provisions of special legitimate defense.

In summary, the defender believes that the defendant's behavior was a special legitimate defense against the murder and did not constitute a crime. complete. "Fang Yi expressed his defense opinion.

"The prosecutor can respond to the defender's defense opinions." The presiding judge intentionally guided both parties to continue the debate.

“In response to the defender’s defense, the prosecutor believes that the defendant Ren Yujiang was only slightly injured during the fight, and the victim’s behavior did not seriously endanger the defendant’s personal safety, but the defendant’s behavior resulted in the death of the two victims.

Moreover, at the time of the incident, the defendant obviously had the subjective intention to let go and even hope to stab the other party to death. Therefore, the defendant's behavior did not constitute special self-defense and should constitute intentional homicide. complete. "The prosecutor said.

"The defender can respond to the prosecutor's opinion." The presiding judge looked at Fang Yi with no emotion in his eyes.

“Based on the prosecutor’s defense opinions and response, the defender issued the following defense opinions:

First, the Criminal Law and relevant judicial interpretations do not stipulate that the perpetrator of special legitimate defense must be seriously injured, robbed, raped, etc. before he can defend himself.

Although Ren Yujiang was slightly injured in this case, as long as the circumstances of his injuries were enough to show that the other party's behavior was of a serious violent nature, it would comply with the provisions of special legitimate defense.

Second, the purpose of legitimate defense is to prevent the perpetrator from succeeding in violent crimes such as murder, robbery, rape, and kidnapping. Therefore, even if the defender is not actually harmed at all, it should not affect the establishment of special legitimate defense.

In this case, the watermelon knife in Xiang Huai's hand had already struck the defendant. If he did not fight back, the defendant's personal safety would not be guaranteed.

Defendant Ren Yujiang's fight back when he was seriously violated was allowed by law and justified. Although it caused serious consequences of the death of two victims, it still complied with the provisions of Article 20, Paragraph 3 of the Criminal Law, and was not allowed. Should be held criminally responsible.

Therefore, even if the defendant was laissez-faire at the time of the crime, or even wanted to stab the other party to death, it should not be any obstacle when applying Article 20, paragraph 3, of the Criminal Law. The defendant should not have committed a crime. complete. "Fang Yi responded.

…

After the adjournment, the presiding judge announced the verdict in court:

"... This case has been reviewed by the collegial panel and a verdict has been formed. Based on the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court made the following comments:

Defendant Ren Yujiang was first stabbed by Xiang Huai with a watermelon knife, and then hit by Che Yong with a wooden chair. To protect his own safety, the defendant fought back with a sharp knife and stabbed Xiang Huai and Che Yong to death. His actions were self-defense and were not allowed. bear criminal responsibility. In accordance with the provisions of paragraphs 1 and 3 of Article 20 of the Criminal Law, the verdict is that the defendant Ren Yujiang is not guilty. "

After hearing the verdict of not guilty, Jia Danyan, who had been expressionless in the auditorium, suddenly cried with joy, and her eyes were full of tears of joy. Relatives and friends around also smiled.

After hearing the verdict, Ren Yujiang reached out and rubbed his dull face vigorously. He felt as if he had walked away from the gate of hell. He secretly warned himself: He must be calm when encountering problems in the future. This kind of crime is really not something that humans should suffer. Then, he stood up and bowed to the judge and Fang Yi to express his gratitude.

After Fang Yi walked out of the court, he was stopped by Jia Danyan in the corridor.

"Lawyer Fang, stay!" Jia Danyan had not yet had time to wipe away the remaining tears in her eyes.

"Ms. Jia, the first instance of your husband's case is over. As long as the procuratorate does not protest and the judgment comes into effect, the case will be closed." Fang Yi knew what she was concerned about and said it without waiting for her to ask.

"Okay, thank you, thank you." Ms. Jia nodded.

On the way back to the court, Wu Qinghui drove his car and suddenly asked: "Lawyer Fang, I have read Article 20 of the Criminal Law that you mentioned in court before. Does it apply to any situation that stipulates? Can anyone apply this law to plead not guilty?"

"Yun Qiao, how do you understand?" Fang Yi suddenly looked at Yun Qiao beside him and asked.

"I think as long as the circumstances stipulated in the first and third paragraphs of Article 20 of the Criminal Law arise, you can basically plead not guilty." Yun Qiao thought for a while and said.

"Theoretically speaking, nothing you said is a big problem. But in judicial practice, such criminal cases of fights are often more complicated in reality, and the consequences are more serious.

When formulating a defense plan, you must not copy the law mechanically. You must comprehensively analyze the causes and consequences of the case, first rule out situations such as defense and provocation, imaginary defense, etc., and prevent the perpetrator from committing a crime under the pretext of defense.

What I said may sound simple, but it is not easy to do. Being a lawyer is not about taking a school exam. If you are not careful, a life may be lost. And there is no opportunity to make up the exam. "Fang Yi explained.