Lawyer

Chapter 712 Little Sheep

"In response to the defender's defense, the public prosecutor's views are as follows:

[-]. The fighting between the defendant and the victim is a mutual assault.

Defendant Tan Peicai, after learning that Tan Leiming was looking for someone to mess with him, should report to the company leaders or the public security organs to calm the situation, or back off, but Tan Peicai not only did not report, but actively prepared tools, showing that he was not afraid of threats , there is a mentality of "playing off" - "If you dare to find someone to tease me, I will tease you", it should be presumed that they have the intention of fighting subjectively, so the nature of their counterattack behavior is mutual fighting rather than defense.

[-]. The defendant, Tan Peicai, has not suffered any ongoing illegal infringement.

Tan Peicai was slapped on the mouth as a minor injury, and the harm to his personal safety was not serious and urgent, and it did not belong to "ongoing illegal infringement". The switchblade prepared in advance stabbed the other party and caused serious injury to the victim. His behavior was a "pre-defense" and did not have a defensive nature.

To sum up, the defendant's behavior did not constitute a justifiable defense, nor was it an excessive defense.complete. ’ the inspector responded.

"Defenders can respond to the prosecutor's comments," said the presiding judge.

"Based on the Prosecutor's Defense Opinion and Responses, the Defense Counsel issued the following Defense Opinion:

[-]. When the defendant Tan Peicai was physically threatened, he carried the switchblade with him, not for the purpose of fighting each other, but for self-defense.

The public prosecutor believed that "the defendant did not report to the unit leader or the public security organ, but prepared tools in advance to show that he had the intention of fighting subjectively." The defender believed that the above opinion of the public prosecutor was biased.

First, after Tan Peicai’s personal safety was threatened (Tan Leiming said that he would find someone to tease him), but before he was actually endangered, his behavior of preparing the switchblade cannot be explained whether it was for defense or for fighting. It can be determined based on relevant facts and evidence, and cannot be speculated arbitrarily.

According to the confession of the defendant Tan Peicai in this case, he prepared the switchblade for defense. If Tan Leiming did not find someone to mess with him, he would not take the initiative to find something to deal with Tan Leiming.

According to the evidence in the case, after Tan Peicai learned that Tan Leiming threatened to find someone to mess with him, he did not look for someone, and planned to fight with Tan Leiming and his gang. (beat) him.

In order to deal with real threats and prevent accidents, the defendant prepared defense tools in advance and carried a switchblade with him, which is not enough to show that Tan Peicai had the intention to fight or fight with the other party.

According to the evidence provided by the public prosecutor, Tan Peicai fought back after being stopped by the victim's gang on his way from get off work, dragged into a grove and beaten, and the defendant stabbed the victim and fled.The defendant did not take the initiative to attack, nor did he continue to fight back.

It can be seen that the purpose of the defendant Tan Peicai in preparing the tools was for defense, not for fighting.None of the existing facts and evidence in this case can show that Tan Peicai prepared tools in advance to fight with the victim and others.

Second, public remedies are limited after all. Even if the defendant reports to the company leadership or the public security organ in advance, it is difficult to obtain effective protection.

In this case, the threat received by the defendant Tan Peicai was not definite and serious, and the time and place of the other party’s retaliation were uncertain. In this case, the public security organs usually provide relief after the event (there is no way to control it before the event).If the defendant is not beaten, the public security organs may not be able to help.

In order to more effectively protect the lives and property of citizens, the "Criminal Law" stipulates the justifiable self-defense system.Since the law gives citizens the right to self-defense, when their personal safety is threatened, they should be allowed to make necessary defense preparations.

The public prosecution agency believes that when the defendant's personal safety is threatened, he can only report to the unit leader or the public security agency, but cannot make defense preparations. When he is illegally violated, he can only call for help or run away. It is obviously unreasonable to take materials or seize the opponent's tools for defense, and it is also contrary to the legislative spirit of justifiable defense.

It can be seen from the above that it was not improper for the defendant Tan Peicai to prepare defense tools after his personal safety was threatened and before he was endangered, and his behavior was not prohibited by law.

Third, in terms of value orientation, criminal law should promote justice, punish evil and promote good.

Defendant Tan Peicai faced the malicious provocations of Tan Leiming and others. It was a natural reaction to prepare defensive tools in advance to prevent accidents. There should be no excessive demands or restrictions on this.

Therefore, even if it is difficult to define whether the defendant Tan Peicai prepared the switchblade for defense or for fighting, a presumption should be made in favor of the defendant Tan Peicai. the intent of the criminal law.

To sum up, the defender believed that the purpose of the defendant Tan Peicai in this case preparing the switchblade in advance was for defense, not for fighting.

20. The "ongoing illegal infringement" stipulated in Article No. [-] of the "Criminal Law" does not have to reach a certain degree of seriousness before it can be defended.

Paragraphs 20 and [-] of Article No. [-] of the "Criminal Law" stipulate that in order to prevent the state, the public interest, the person, property and other rights of oneself or others from being illegally violated, and to stop the illegal infringement, the illegal The damage caused by the infringer belongs to justifiable defense, and if the justified defense obviously exceeds the necessary limit and causes serious damage, it shall bear criminal responsibility, but the punishment shall be mitigated or exempted.

The "unlawful infringement" in the above provisions refers to acts that illegally endanger the person, property and other legitimate rights and interests of others.

The intensity of ongoing unlawful infringement suffered by the actor of justifiable defense is not the precondition of whether he can carry out justifiable defense, but only the limit condition of justifiable defense.

The precondition of justifiable defense is that there is an "on-going illegal infringement". As long as the victim suffers from the ongoing illegal infringement, no matter how serious the degree is, the victim can immediately implement the defensive behavior to stop the illegal infringement.

The so-called "prior" in the "pre-defense" mentioned by the public prosecutor refers to that the illegal infringement has not yet started or started.For the illegal infringement that has already started and is ongoing, even if the degree is quite slight, the defender has the right to take corresponding defensive actions. This kind of situation does not belong to the so-called "pre-defense".

In this case, the victim Wei Runquan ganged up with others and surrounded Tan Peicai with weapons. His behavior of slapping Tan Peicai's mouth showed that his illegal infringement on Tan Peicai had begun and was in progress. Although the victim's behavior was relatively minor, it Judging from the circumstances at the time of the incident, the existing evidence cannot prove that the victim would stop there and not resort to more brutal measures. "Speaking of this, Fang Yi paused, swallowed his saliva, and moistened his thirsty throat.

On the side, Yun Qiao, who didn't say a word, felt extremely angry in her heart: Could it be that the beaten can only be little sheep?Can only wait for the relief of the public security organs, can not resist self-defense? !Then what is the meaning of self-defense stipulated in the "Criminal Law"? Why can't you talk but your brain? You didn't take medicine when you came out in the morning!

(End of this chapter)