Lawyer

Chapter 488 Division of Fault Liability
Li Zhiguo, who has nothing to do at home, after having a full meal every day, the greatest pleasure is to go to the foot of the north wall at the east end of the village to bask in the sun with a group of villagers and talk about the mountains, and the incident happened on the mountains.

There is a 46-year-old man named Wu Jianguo in the village. He and Li Zhiguo usually have some quarrels and look down on each other.

On the day of the incident, Li Zhiguo went to the base of the north wall to bask in the sun and talk about the mountains, and happened to meet Wu Jianguo.The two quarreled again because of the beautiful country's general election, and then it became more and more violent. It was unknown who started it first. Grandma Zu Zu started to scold, and everyone was dumbfounded.

To say that Li Zhiguo and Wu Jianguo are also a couple who eat radishes and worry about nothing. They don't have enough to eat, and they actually worry about other people's affairs. They really regard the northern wall of their village as the United Nations!
Seeing that the two were about to fight, everyone hurried up and pulled them away. They were all from the same village, and it wasn't worth it to roll up their arms and sleeves for an election in another city!

Whether it's worth it or not isn't up to the villagers. Li Zhiguo didn't argue with Wu Jianguo, and he was scolded again, so he felt suffocated.Seeing Wu Jianguo pompous like a big rooster, Li Zhiguo didn't get angry. After returning home, he picked up a kitchen knife and went straight to the north wall at the east end of the village. He wanted to settle the old and new grudges together.

As a result, Li Zhiguo slashed Wu Jianguo several times with a kitchen knife, and the knife saw blood, causing Wu Jianguo's body to be injured in many places.Wu Jianguo also had a lot of courage. During the fight, he picked up stones from the ground and threw Li Zhiguo. Li Zhiguo was also hit by Wu Jianguo a few times.

It happened so fast, everyone saw that the two of them were serious, but before they could react, the fight was over.Some people took out their mobile phones to make emergency calls, and some people stepped forward to help Wu Jianguo, who was covered in blood, and bandaged him to stop the bleeding.

After Wu Jianguo's family called the police, the police arrested him in Li Zhiguo.The case was quickly transferred to the procuratorate. After the procuratorate reviewed the prosecution, the case file was transferred to the county court.

After forensic identification, Wu Jianguo's physical injury was assessed as minor injury level two, and Li Zhiguo's physical injury was assessed as minor injury.

After the incident, Li Zhiguo's daughter-in-law followed the lawyer's advice and bought a lot of gifts, went to the Wu family to apologize, and paid the Wu family [-] yuan in compensation.Because the Wu family was angry and did not issue a letter of understanding.

"We have already gone to the procuratorate to communicate with the procurator in charge of handling the case. Given that Li Zhiguo truthfully confessed his crimes after his return to the case, and he actively compensated the victim for part of the economic losses after the incident, the procurator will consider suggesting a lighter punishment to the court.

In view of the mutual harm between the defendant and the victim, we now have two opinions. The first opinion is that the victim Wu Jianguo was at fault in this case, and the defendant's civil liability for compensation can be reduced by 20.00% according to law.

The second opinion held that the occurrence of the case was entirely caused by the defendant Li Zhiguo, so the defendant should compensate the victim for all losses.

Lawyer Fang, what do you think? " Lawyer Zhao said.

All the lawyers in the firm know that Fang Yi is an expert in criminal matters, and he is easy to deal with, so if he encounters problems in criminal cases, he will listen to his opinions if he is undecided. He may not necessarily adopt all of them, but at least he can open up Next train of thought.

"I understand that what Lawyer Zhao said just now is about the division of responsibilities in the case. The division of responsibilities in the civil aspect is different from the division of responsibilities in the criminal aspect. If it is true that the victim is also responsible to a certain extent, the court will also be responsible for sentencing. Consideration will be given to civil compensation.

In this case, I agree with the second opinion. "Fang Yi said.

"Lawyer Fang, I think that although the defendant Li Zhiguo stabbed Wu Jianguo with a kitchen knife, because Wu Jianguo failed to calmly deal with the dispute between the two parties at the scene, and he also beat Li Zhiguo to a slight injury during the fight, Wu Jianguo should be found guilty in this case. There are certain faults." Gao lawyer who Fang Yi met before said.

After lawyer Gao finished speaking, everyone looked at Fang Yi.

Fang Yi thought for a while and said, "I'll talk about my opinion. It's not necessarily correct. It's for your reference. I don't think the evidence in the case is enough to determine that the victim Wu Jianguo was at fault. The reasons are as follows:
In cases, it is very common for the victim to be at fault.If I remember correctly, Article 130 of the "General Principles of Civil Law" (ineffective after the promulgation of the Civil Code) stipulates that if the victim is at fault for the occurrence of the damage, the civil liability of the infringer can be reduced.In criminal cases, if the victim has certain faults, it will also affect the sentencing of the defendant.

However, the victim's fault in criminal cases is different from the fault we say in ordinary daily life, and has its own specific meaning.

The victim's fault in the sense of criminal law refers to the fact that the victim has committed a wrong or inappropriate behavior out of subjective fault, and the behavior violates the law or social order, good customs, ethical norms, etc., and violates the legal rights or other legitimate interests of the defendant. , which objectively stimulates the occurrence of crimes.

In judicial practice, the determination of whether the victim is at fault in the sense of criminal law is generally considered from the following aspects:

[-]. The subject of the wrongdoing must be the victim.

Second, subjectively, the victim should be at fault.That is, the victim's subjective intentional or negligent mentality should be condemned by law or morality.If it is other behavior that cannot be attributed to the victim, it cannot be identified as the victim's fault.

[-]. The victim's behavior violated the law, or violated social order, good customs, and ethical norms, and should be negatively evaluated by the society.

[-]. There is a causal relationship between the victim's negligent behavior and the occurrence of the defendant's criminal behavior, and there is a correlation.

Back to this case, based on the evidence on file, we know the following:

First, both Wu Jianguo's statement and the witness's testimony confirmed that the quarrel between defendant Li Zhiguo and Wu Jianguo was instigated by Li Zhiguo.

Second, both Wu Jianguo and the witnesses confirmed that at the time of the incident, Li Zhiguo hacked people with a knife first, and then Wu Jianguo picked up a stone to hit Li Zhiguo, and it was the defendant Li Zhiguo who did it first.

Although Wu Jianguo caused slight injuries to Li Zhiguo when he picked up a stone and threw it at Li Zhiguo, this was caused by Li Zhiguo's prior violation.There is no causality between Wu Jianguo's behavior and Li Zhiguo's criminal behavior, so Wu Jianguo's behavior is not a faulty behavior in the sense of criminal law.

Therefore, I believe that Wu Jianguo's actions were of the nature of self-defense, and there is no fault in this case.Li Zhiguo should make full compensation to the victim Wu Jianguo.

The above is my opinion. "Fang Yi said.

(End of this chapter)